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HomeMy WebLinkAbout03-08-1993 Council Minutes• MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993_, ROLL The Council met on the above date with the following members present: Mayor Callahan, Councilmembers Charles Kelley, J. Diann Goetten, and Gabriel Jabbour. JoEIIen Hurr arrived at 7:45 p.m. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Building & Zoning Administrator Jeanne Mabusth, Assistant Planning & Zoning Administrator Michael Gaffron, Police Chief Stephen Sullivan, City Engineer Glenn Cook, City Attorney Kevin Staunton, and City Recorder Teri Naab. Planning Commission members Maureen Bellows and Stephen Peterson and Park Commission members Dick Flint, Lill Mc McMillan and Susan Wilson were present. Mayor Callahan called the meeting to order at 7:30 P.M. ( #1) CONSENT AGENDA Jabbour added Items #4, 14 and 15. It was moved by Jabbour, seconded by Kelley, to approve the Consent Agenda as amended. Ayes 4, nays 0. Goetten opposed Item #14. Hurr • was not present for this item. Motions for all items adopted by consent agenda will be included in the minutes in their respective numerical order. ( #2) APPROVAL OF MINUTES Goetten asked that Page 7 be changed to read, "how the prohibition of . ". It was moved by Goetten, seconded by Mayor Callahan, to approve the minutes of the regular meeting of the Council held on February 22, 1993. Ayes 4 nays 0. PARK COMMISSION COMMENTS ( #3) ORONO BASEBALL ASSOCIATION LEASE AGREEMENT — BEDERWOOD PARK Flint reported in March of 1990 OBA was granted approval for the use of Bederwood Park for their Little League program, but the minutes of that meeting are unclear whether that usage was approved for three or four years. He noted the Park Commission has annually reviewed the use of the park and the Little League seems to have a good rapport with the neighbors. This year OBA appeared before the Park Commission to request the use of the park for one additional year to allow time to work toward finding a permanent location. The Park Commission recommended approval of such use. 1 _ r � MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD MARCH 8, 1993 OBA LEASE AGREEMENT - CONT. John Merridth, Watertown Road, represented several people and reported they do not have a problem with the Park Commission's recommendation. Steve Carlson, President of Little League, explained they are in the process of establishing a committee to work toward positive action of a long -term goal. Their intent is to use the park for one more year. Mayor Callahan asked clarification of the organization. Carlson explained OBA is the umbrella organization, under which different age groups are represented. He noted boys 9 to 12 play at Bederwood Park. He said they are considering several sites for the new location. The committee is made up of members of the OBA Board and citizens. Kelley questioned whether members of the Park Commission and /or the Planning Commission will be involved with the committee. Goetten suggested OBA canvass other cities within the school • district for support also. Mayor Callahan questioned whether a new field could be ready for play for the 1994 season. He recalled a serious opposition to the use of Bederwood Park in 1990, but after repeated assurance by OBA that the use was only temporary, Council approved the use. He said it appears that once that approval was granted, activity toward a long -term goal ceased. Gary Larson, President of OBA, said he has worked two years with the hockey arena board hoping to add ball fields to their plan for property at 6th Avenue and Old Crystal Bay Road. That plan has recently fallen apart, at which time OBA began looking at the site in Maple Plain. Jabbour stated Bederwood Park would never accommodate Little League's long term needs. Larson said they are working toward a solution, but currently do not have the funding to develop the school district site by themselves. Kelley suggested both the hockey and baseball associations should review the site again. He wanted the organization to continue to play in Orono. 2 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 n U OBA LEASE AGREEMENT - CONT. Bellows asked the City to consider a commitment to work with the school district to enhance the sense of community spirit. Goetten noted the committee felt the issue was school district - wide, and not specific to Orono, therefore support should be rallied from the other communities. Jabbour felt the City should participate financially in locating the new park, but questioned to what extent Orono should fund and physically support 1 of 50 organized sports in Orono. Mario Merr i dth said she is happy to serve on the committee, and asked Council to make a decision that this will be the final year of use at Bederwood and have the improvements removed as agreed upon. She noted there are very few improvements that are needed at the Maple Plain site and the City welcomes OBA. She added the site could be ready for play for the 1993 season. Goetten expressed concern that OBA may not be continuing with Little League and may not have appropriate insurance. Carlson clarified that OBA is considering discontinuing Little League affiliation because children in open enrollment are not allowed to play on the teams. He said they still would have insurance and would not play without it. He stated Orono has enough players to establish their own league, and felt this issue and Bederwood Park are not intertwined. He noted if they do discontinue affiliation, it would not be impossible to later rejoin, as they would continue using Little League rules in the interim. Mayor Callahan asked if this age group would continue to be a part of OBA if Little League were discontinued. Carlson explained OBA is the umbrella organization, of which they would remain a part. He said Little League offers rules, reasonable rates on insurance, and post season tournaments. Jabbour thanked all for their work on this issue. Carlson noted the next meeting of the committee is scheduled for March 18th. Jabbour agreed with the Park Commission's recommendation, but stressed the necessity for OBA to offer a solution for the 1994 season. 3 J MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD MARCH 8, 1993 OBA LEASE AGREEMENT - CONT. It was moved by Hurr, seconded by Ke I ley, to approve the use of Bederwood Park by OBA per the Park Commission recommendation, based on monthly progress report to the Council by the committee, and acceptable insurance is provided by OBA. Goetten suggested Council be apprised of any and all changes in the use of the park or progress of the committee. Kelley inquired when it is appropriate to discuss financial aid. Jabbour f I t i t i s the C i ty's prerogat i ve to purchase from OBA the improvements to Bederwood Park. Mayor Callahan noted that issue is not a part of the agenda or the motion. Hurr stated she does not have reservations to financially support sport activities within the City. Vote: Ayes 5, nays 0. PLANNING COMMISSION COMMENTS Bellows expressed interest on the part of the Planning Commission to continue in the spirit of a good working relationship, and suggested a joint session with the Council. PUBLIC COMMENTS There were no comments. ZONING ADMINISTRATOR'S REPORT ( * #4) #1457 ALAN CARLSON, 3140 WATERTOWN ROAD - REQUEST FOR SECOND EXTENSION OF PRELIMINARY PLAT APPROVAL - RESOLUTION #3242 It was moved by Jabbour, seconded by Kelley, to adopt Resolution #3242 for Application #1457 Alan Carlson, 3140 Watertown Road, granting extension of the effective period of preliminary plat approval for the plat, Crystal Creek. Ayes 4, nays 0. 4 C • is MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 ( #5) #1792 DONALD GRONBERG, 110 LEAF STREET - VARIANCE Donald Gronberg and Mark Gronberg were present. Mabusth reviewed at the February 8th meeting this application was tabled allowing the applicant time to revise his plan and return with a plan that would reduce or eliminate the encroachment into the protected wetland area. She reviewed two plans submitted, of which the applicant prefers Plan B which proposes a 67' setback from the tributary, 1.7% hardcover in the 0 -75' setback area, and 5.3% over the allowed in the 75 -250' zone. She referred to a drainage plan submitted indicating Plan B provides for more run- off being directed to the 250 -500' zone and away from the tributary where Plan A would result in greater drainage going to the tributary. Mark Gronberg stated this house is proposed to be 10' closer to the road than the nearest house in the area, and only encroaches the creek by 8'. Currently there are adjacent residences located up to 49' from the creek. He added an OHWL has not been established for the creek. Jabbour felt the applicant has made an attempt to address the Council's concerns and thanked him for that. Goetten noted the Council had asked that the house be downsized to better fit the setbacks. Mark Gronberg noted that has been done. He noted the setback from the road for this proposed house is measured from a 25' wide right - of -way opposed to the 33' used by adjacent residences, thereby locating the residence actually 8' closer to the road that other houses. Kelley asked if the property would need variances if it were not for the new shoreland regulations. Mabusth stated a 26' tributary setback would have been required, and hardcover would not have been a consideration. However, a lot area variance would still have been necessary. Don Gronberg felt it very stringent to go from a 26' setback to a 75' setback in one year. Hurr asked if the DNR would review the proposal. �- MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD MARCH 8, 1993 ZONING FILE #1792 - CONT. Mabusth explained the proposed residence meets the DNR's requirement of a 50' setback and therefore a review is not necessary. Hurr expressed concern about the need for a hardcover variance. Mark Gronberg noted they have given property for the road easement, and therefore should be given consideration for the overage in hardcover. Goetten voiced concern that the City has just adopted the new shoreland regulations, and granting setback variances would set a negative precedent. Mark Gronberg asked that Council review each individual lot. He noted the pond was artificially created. Jabbour stated the ordinance was written with the intent to help to purify water entering Lake Minnetonka. He felt the applicant would obtain the desired setback just by waiting until the water level of the creek went down. • Mabusth noted the dam controls the OHW of the ponding tributary. It was moved by Jabbour, seconded by Hurr, to approve Application #1792 Donald Gronberg, 110 Leaf Street, approving Plan B per the hardships stated with the Planning Commission recommendation, and granting setback, hardcover and lot area variances for a new residence. Ayes 3, nays 2. Goetten and Mayor Callahan voted nay. Motion carried. ( #6) #1796 PETER W. T. L'ALLIER, 2684 LYDIARD AVENUE - CONDITIONAL USE PERMIT - RESOLUTION #3243 Mr. L'Allier was present. Mabusth explained the applicant seeks a conditional use permit for the installation of a kitchen within a guest apartment. A permit has been issued for the construction of all but the kitchen area. Access to the apartment is via a skyway, an internal stairway and a safety access through a three - season porch. The Planning Commission has recommended removal of the access stairs from the three - season porch, however staff has asked Council to consider allowing the rear access stairs to remain for safety reasons, especially due to the fact that the apartment is over the garage area. • 6 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 ZONING FILE #1796 — CONT. Bellows noted the Planning Commission members all felt the stairway should be removed, but she could understand the safety reasons for maintaining the stairs. Goetten expressed a major concern with approving this application when in the past they have repeatedly denied any outside access to guest apartments. Kelley agreed and noted primary access will not be through the principal residence for this unit. Bellows suggested the elimination of the internal stairway. L'Allier stated that is his only internal access from the principal residence to the garage. He noted the guest apartment area was originally designed as an open play area, but the Fire Code required the installation of the doorways. He noted the stairs off the deck area were added only for safety reasons and actually descend to a wooded area to the rear of the property. 40 Mayor Callahan asked what is to stop the applicant from screening under the skyway. n f.� L'Allier noted that is his only access to the rear yard. Mayor Callahan noted their concern about three accesses to the apartment, but Council may be willing to agree with the safety access upon staff recommendation. L'Allier noted the internal access provides wheelchair access to the first floor in case of emergency. He stated that access is most usable and safe. Kelley stated he is not in favor of the application, but would be willing to approve conditioned upon removal of the kitchen when the parents no longer live in the residence. L'Allier agreed to that condition and noted the kitchen can easily be removed. Staunton said the ordinance states, "at least one access door must be provided from within the primary residence". He opined that this can only be allowed if the garage is considered part of the principal structure because the skyway ties the two together. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING . HELD MARCH 8, 1993 ZONING FILE #1796 - CONT. It was moved by Kelley, seconded by Hurr, to adopt Resolution #3243 for Application #1796 Peter W.T. L'Ailier, 2684 Lydiard Avenue, for a conditional use permit to allow a non - rental guest apartment, conditioned upon the kitchen to be removed if the parents of the applicant are to move out of the apartment. Hurr asked Kelley to define "move out ". Kelley stated they must consider the apartment as their legal residence. Hurr felt that too restrictive. L'Allier stated his father probably will be required to move to a nursing home in 3 -5 years. Kelley modified his motion to indicate if the apartment is no longer used by the parents. Vote: Ayes 3, nays 2. Goetten and Mayor Callahan voted nay. Goetten felt the condition highly restrictive and not fair to the applicant. ( #7) #1802 ORONO INDEPENDENT SCHOOL DISTRICT #278, 770 OLD CRYSTAL BAY ROAD - CONDITIONAL USE PERMIT - RESOLUTION #3244 Dr. Mich, Neil Lawson, Melanie DeLuca, John Marish, Martha Vandervan and Don Anderson were present. Mabusth explained the applicant seeks approval of a conditional use permit for the construction of a 36x50' addition to the southeast side of the existing building for expanded daycare use. Mich stated this would be an extension of the school campus. Hurr questioned, as a taxpayer, the need for additional facilities when those available are not used to their fullest capabilities. 8 . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 ZONING FILE #1802 - CONT. Mich explained current facilities are being used to their fullest extent. He noted some uses proposed for this building cannot be incorporated within the existing school campus, such as a teen center. The building is proposed as a multi - purpose center to encompass all Community Educational needs, and the use of the building may change over time. He noted taxpayers have supported the expansion through the approved referendum which will pay for the addition. He added daycare fees charged pay all operating expenses of the building. Bellows reported the Planning Commission felt this expansion appropriate as it supports the existing school campus. Jabbour questioned their ability to approve a multi -use conditional use permit. Staunton opined it is acceptable for the Council to approve a multi -use if those uses are defined. Kelley asked if they propose a • about the correlation between a process. He asked if the daycare the County. • full -sized kitchen and inquired good breakfast and the learning is forced to follow guidelines of DeLuca explained a serving kitchen will be provided which does not include a stove as meals will be provided from the campus cooking facilities. It was determined through a survey of the community, that serving a full- breakfast was not a vital need. She indicated they follow guidelines established for daycares by the Department of Education, and have elected to adopt the County's standards in addition. Mayor Callahan questioned staff's report. He asked about criteria and enforcement of such. Mabusth explained they are dealing with an unknown commodity as all uses are not specifically defined. Bellows felt the ambiguity may be coming from the parking issue, which the Planning Commission addressed. It was determined that proposed parking meets the most restrictive standards required, and additional parking may be available if deemed necessary in the future. Jabbour felt the School should define its uses. E MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD MARCH 8, 1993 ZONING FILE #1802 - CONT. Kelley felt that since the school has either an implied or approved conditional use permit for the western campus, this use could fall within the parameters of that approval and it is not necessary to define each use. He stressed he does not want a for - profit organization to run the latch key program. Mayor Callahan felt the conditional use permit approval was not conveying the intent of the code if it is to allow lesser improvements conditioned upon future review. Goetten stated that additional review is always an option with conditional use permit approval. She welcomed the plan, and felt the multi - purpose design good because of the need for the community to look at different ways to handle situations. She felt the school district should not be required to report on new uses. Jabbour reiterated a need to define school uses for the building. Marish explained over the years the School District has had an obligation to provide for the demands of the public. These demands evolve and change over time. The building allows for flexibility . to provide for those changing uses. He proposed they write parameters based on reasons for purchasing the property. Mich stated Community Education is governed by statutory requirements defining uses. Martha Vandervan suggested writing the conditional use permit approval to encompass school district programs as known to the public. Kelley felt this an example of the City trying to over regulate an approved use. Staunton reiterated one permitted use under the conditional use permit section of the code is a school. DeLuca stated the statutory parameters are very broad and are subject to change from year to year. It was moved by Hurr, seconded by Mayor Callahan, to table consideration of Application #1802 for Orono School District #278 to allow applicant time to provide further information helpful in drafting the approved uses within the resolution, in order to protect the interests of the City and the School District. • 10 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 ZONING FILE #1802 - CONT. Lawson noted the School District has provided all information required by staff to date, and added a delay would prohibit the building from being completed for the next school year. Hurr withdrew her motion. Mabusth explained the parking lot is to remain, and staff has asked that striping be provided. Planning Commission has recommended approval of the one stall within the 50' setback. She noted the City is asking the School District for cooperation in dedication of an easement for the bike trail. Staff recommended the median be curbed, but the School has asked that not be required as the area is used for play by the children. At a minimum a 3' wide raised bumper is requested around the light poles, and signage be provided to direct one -way traffic flow. She noted the applicant has asked that the requirement for a Letter of Credit be waived. Goetten felt the Letter of Credit is not necessary as they know the commodity they are dealing with. Jabbour agreed. is Mayor Callahan asked Sullivan to comment on the curbing. Sullivan stated the curbing would be helpful in designating parking areas, but is not necessary. Marish stated the curbing would created a maintenance nightmare. Jabbour inquired about the bike trail easement. Mich reported the Board has approved the easement in front of the student center with additional setbacks, but not fronting the school property to County Road 6, conditioned upon safety features being added. Flint noted they will not need the additional easement from the rest of the school district property. Kelley expressed safety concerns with the access to the property. He suggested access be widened, and striping and signs be added for the crosswalk. He agreed with the curbing only around the light poles. Lawson noted the parking lot was specifically designed for use by emergency vehicles and busses. He added the crosswalk striping is in place. He said the light poles do include a cement base. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD MARCH 8, 1993 ZONING FILE #1802 - CONT. Hurr felt - aesthetically she would like to see more than just a concrete chunk around the pole. It was moved by Hurr, seconded by Mayor Callahan, to table Application #1802 for the Orono School District #278, until such time that statutory limits are supplied to the City. Staunton referred to the State Statute that identifies a wide variety of services to be provided by Community Education. He said one can assume that the School District is contemplating uses within the confines of the Statute. Mayor Callahan suggested incorporating permitted uses as set forth in the State Statute. Jabbour suggested that at one time if the building is used to its maximum capacity, the conditional use permit approving the church use may have to cease. He felt this should be addressed now. Goetten said the church already has conditional use permit • approval. Vote: Ayes 1, nays 4. Mayor Callahan, Kelley, Goetten and Jabbour voted nay. It was moved by Kelley, seconded by Goetten, to approve Application #1802 for Orono Independent School District #278, for a conditional use permit to allow the expansion of current day care facilities, subject to the Board of Educations' placement and supervision of said property, and conditioned upon curbing be placed around the light poles, appropriate landscaping, and approved egress and ingress. Ayes 2, nays 3. Mayor Callahan, Jabbour and Hurr voted nay. Motion failed. It was moved by Jabbour, seconded by Hurr, to adopt Resolution #324.4 for Application #1802 Orono Independent School District #278, 770 Old Crystal Bay Road, approving a conditional use permit as proposed, approving uses limited to those approved in the State Statute. Ayes 5, nays 0. Mayor Callahan called for a break from 10:20 to 10:29 p.m. • 12 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 ( #8) #1803 WOODHILL COUNTRY CLUB, 200 WOODHILL ROAD - PRELIMINARY SUBDIVISION - RESOLUTION #3245 Kelley abstained from discussion on this issue. Robert Mitchell and Rick Sathre were present. Mabusth explained the applicant proposes a subdivision creating one residential lot from an outlot created within the Woodhili Ridge subdivision. The outlot is approximately 8+ acres. The driveway will service three residential units and a caretaker's residence. Applicant proposes a 50 wide road outlot but asks that the private road be developed at the time a fourth lot is to be served by the road. The issue 1s the type and extent of improvements Council will require for the road. The Carpenter residence is serviced by a road off Russell Avenue. The applicant proposes to plat a 50' wide private road outlot and cul -de -sac in the southwest corner of the property. The City Engineer has agreed to the road being platted in the current private drive corridor, if the road is posted 20 MPH. The Planning Commission recommended requiring road improvements to the northern boundary of the property. Applicant • has asked that road improvements be placed on hold until a fourth residence is served by the road,. but has agreed to provide a turnaround in place of the cul -de -sac. A cul -de -sac would impact the Carpenter property and require removal of mature trees. Bellows reported the Planning Commission did not feel the turnaround necessary if the road were widened. Tom McNeilis, 355 Woodhili Road, agreed with the Planning Commission recommendation. He noted there are 3 to 5 residences served by the private road. He felt the cul -de -sac was not necessary as the road is posted "private ", but asked that Council consider a parking apron for vehicles unable to make the steep grade in the winter. This could be done without destroying existing vegetation. Mitchell requested Council consider the portion of the roadway after the curve be allowed to be repaired and remain at its current width of approximately 22' as it is in good condition, and just require widening of the lower portion of the road which is narrow and in poor condition. John Prudden, Woodhill Road, stated he does not want to pay for a new driveway to facilitate the development. He supported the Planning Commission's recommendation to improve the road to the • northern boundary. 13 1^ MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD MARCH 8, 1993 ZONING FILE #1803 - CONT. Mayor Callahan questioned at what point the turnaround would be converted to a cul -de -sac. Mabusth said at the point the Prudden property was developed. Mitchell reviewed the impact on the environment if the road were required to be widened past the curve. He said the road is wide enough in that area to allow two cars to pass. He said it would be very expensive to widen the road in this area. Prudden agreed to just the repair of the road running east to west. Hurr inquired who would bear the cost of a future road improvement if not done at this time. Mabusth stated the final developer would be the responsible party. She reiterated the City will obtain a road and utility easement over the entire 50' wide road outlot. Bellows stated the Planning Commission in their recommendation • strived to provide consistency with the directives of the code. McNeIIis added they will incur additional water problems with a widened road to this area. He questioned how the drive would be installed over the drainage area for Lot 1, Block 1. Hurr cautioned the Council in accepting the environmental reasons for not widening the road at this time, as those may be the same reasons given to waive a future widening of the road. Jabbour agreed, but noted the City just approved the rebuilding of Leaf Street at a sub - standard width of 22. He suggested they revisit their standards. He encouraged rural development in this area to protect the environment. He added it will be the responsibility of a future developer to upgrade the remaining portion of the road. Cook added the road does not meet design standards for the curve. 14 is • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 ZONING FILE #1803 - CONT. It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3245 for Application #1803 for Woodhill Country Club, 200 Woodhill Road, granting preliminary approval of the plat of Woodhill Ridge Second Addition, per the recommendation of the Planning Commission with the exception that the northern portion past the curve need only be repaired at existing width, and if the property to the north is divided, developer of such will be responsible for the widening of the remainder of the road, and conditioned upon a parking apron be provided at the curve. Jabbour withdrew his motion as there was confusion about the width of the road approved. It was moved by Hurr, seconded by Jabbour, to adopt Resolution #3245 for Application #1803 for Woodhill Country Club, 200 Woodhill Road, granting preliminary approval of the plat of Woodhill Ridge Second Addition, with the inclusion of a parking apron at the curve, and the width of the northern portion of the road to remain at the existing width but subject to quality standards of the City. • Ayes 4, nays 0. Kelley abstained. ( #9) 1993 JOINT USE DOCK LICENSES RESOLUTIONS #3246 -3251 It was moved by Jabbour, seconded by Goetten, to adopt Resolutions #3246 -3251 approve the following 1993 Joint Use Dock Licenses: Sandy Beach Place, Minnetonka Power Squadron, Victoria Estates, Walters Port, Foxhill, and Big Island, Inc., and directed staff to send Victoria Estates a copy of the City's ordinance prohibiting the use of polystyrene foam for flotation. Ayes 5, nay 0. ( #10) 1993 MARINA LICENSES - REQUEST DIRECTION - ORDINANCE #113, SECOND SERIES Mayor Callahan suggested adoption of an amendment to Section 5.42, excising the duplication of the land use section, and directed staff to send out the 1993 marina license applications. It was moved by Hurr, seconded by Mayor Callahan, to adopt Ordinance #113, Second Series, amending Section 5.42, Subdivision 4 relating to business use standards for lake facilities. Ayes 4, nays 0. Jabbour abstained. Gaffron inquired about Gay Ie's Marina being allowed to rebuild their sign, even though they do not have a current marina license. • All members said that would not be allowed. 15 MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD MARCH 8, 1993 1993 MARINA LICENSES - CONT. Gaffron reported Gayle's attorney has started making in -roads towards an agreement. He added Gayle's Marina and North Shore Marina were the only two that were not granted a 1992 license. North Shore was not issued a license because of the issue of plantings. Jabbour suggested Council take the position of holding off on requiring the plantings until the DNR decides what is appropriate. Staunton stated the inability of the City to issue the sign permit provides another opportunity to put the marina on notice that they do not have a license. ( #11) LAKESIDE MARIA - IN /OUT LAUNCHING ISSUES Jim Dunn was present. Jabbour removed himself from the discussion. Gaffron presented a letter from the LMCD stating their position on the in /out launch issue. Dunn questioned at what point the LMCD's zoning authority begins • and ends. He said he would prefer to have Jabbour's input on this issue and asked him to join in the discussion. Mayor Callahan felt the LMCD's authority stops at the 929.4' elevation, but the LMCD feels they have to control Orono in order to address boats on the lake. Dunn questioned the LMCD's authority over on -shore activities. Mayor Callahan agreed but said he would wait until the City had something to challenge, and this would not be the issue. He felt Dunn could attack the LMCD ordinance with some chance to succeed. Hurr noted one concern of the LMCD is how hardcover on shore affects the lake quality. Jabbour noted that the LMCD had promised in the past to update their ordinance with respect to comparison of usages between marinas. He felt it is important for the Council to take care of those in Orono. • 16 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 MAYOR /COUNCIL REPORT A) Mayor Callahan suggested a work session to begin reviewing the various activities of the City, and another work session prior to the next scheduled Highway 12 committee meetings. He asked if the status report will be supplied to Council as requested by Jabbour. Moorse said staff is working on the report. B) Kelley reported he has met with the City Administrator to review information dealing with the Long Lake Fire Department and their budget versus expenditures. C) Kelley reported he had lunch with Todd Van DeIIen to reiterate Orono's land use philosophy and to stress the importance of the Highway 12 issue. ENGINEER'S REPORT There was no report. CITY ADMINISTRATOR'S REPORT • ( #12) VOLUNTEER COMMISSION CANDIDATE INTERVIEWS • Mayor Callahan suggested the Council interview and appoint at the next meeting members to the Park Commission and West Hennepin Human Services Planning Board, and to begin to interview the candidates for Planning Commission. Kelley said he would like to see a uniform evaluation sheet for Planning Commission applicants. Jabbour suggested not interviewing all candidates in one evening, or to have them wait outside the Chambers until their turn so as not to influence their answers. Hurr asked that the Council be provided with a fact sheet on each of the Planning Commission members to be reappointed. ( #13) NEW CITY FACILITIES OPEN HOUSE PLANS No action was necessary. 17 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 • ( * #14) AMENDMENT TO THE CITY'S TOBACCO ORDINANCE - ORDINANCE #114, SECOND SERIES It was moved by Jabbour, seconded by Kelley, to adopt Ordinance #114, Second Series, amending Section 5.24 adopted April 1, 1984 and amended March 26, 1993 and entitled "Tobacco ". Ayes 3, nays 1. Goetten voted nay. ( #15) 1993 INSURANCE AWARDS Kelley asked if the City seeks bids on insurance. Moorse explained the largest policy holders are through the League of Cities. Kelley asked the % of increase due to the new facilities. Moorse stated most of the increase is in property or liability, which has not been worked out yet, and the City will not realize a major increase on the building. After discussion, there was a concensus to award the insurances but no formal motion was made. This item will be formally acted upon • at the next meeting. ( * #16) BID AWARD - EQUIPMENT a MATERIALS 1993 It was moved by Jabbour, seconded by Kelley, to accept the bids as presented for the calendar year 1993. Ayes 4, nays 0. OTHER ISSUES Hurr questioned approval of the Police Department recognition on an annual basis without a trial period. Moorse stated once established, the expectation will be there to continue the program. Hurr questioned the wage increase and life- threatening illness report, and asked how often an illness of such could be realized. Moorse said they are reviewing that. 18 40 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 • CITY ATTORNEY'S REPORT There was no report. ( * #17) LICENSES It was moved by Jabbour, seconded by Kelley, to approve the following licenses: Septic System Installers: Elmer J. Peterson, Co. Sewerman - Merlin's Widmer Inc. Thompson Plumbing Corp. Annual Home Occupation License: Ginger Scott, 2620 Kelly Avenue Special Event Permit: "Easy Race" Half Marathon Foot Race, Norwest Bank - Wayzata Office Ayes 4, nays 0. ( * #18) BILLS It was moved by Jabbour, seconded by Kelley, to approve payment of the All Funds Account. Ayes 4, nays 0. ADJOURNMENT Mayor Callahan adjourned the regular Orono City Council meeting at 11:45 p.m. I Hallin, city cierK 19 J . Ca I i,&K&tf J r . , Mayo