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HomeMy WebLinkAbout05-24-1993 Council Minutes1 11 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Councilmembers J. Diann Goetten, Gabriel Jabbour, Charles Kelley and JoEllen Hurr. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Police Chief Stephen Sullivan, Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney Kevin Staunton, and City Recorder Teri Naab. Charles Nolan represented the Planning Commission. Mayor Callahan called the meeting to order at 7:38 P.M. ( #1) CONSENT AGENDA Moorse removed Items #8 and 22. Kelley added Item #7. Goetten added Item #20. • It was moved by Hurr, seconded by Jabbour, to approve the Consent Agenda as amended. Ayes 5, nays 0. Motions for all items adopted by consent agenda will be included in the minutes in their respective numerical order. ( #2) COUNTY ROAD 15 SAFETY IMPROVEMENT UPDATE Pat Murphy, Director of Hennepin County Public Works, and Bruce Polancheck, Planner, were present. Murphy stated he last appeared before the Council with a proposal to either upgrade the 2 lane County Road 15 or do major maintenance. He said he appeared before the City of Minnetonka Beach at the same time. Since that time the County has prepared a complete rebuild concept plan for the highway, which does not show construction limits or impact. The proposal includes the area between Arcola Bridge to the Highway 12 connection near Wayzata. He asked the Council to review the plan and provide them with direction. Polancheck explained they propose three types of development. The first is a typical section with two 12' lanes and 8' shoulders, equaling 40' paved right -of -way. The second is the typical road section with a continuous left turn lane or two way turn lane in • the middle equaling a 54' right -of -way. The third section is proposed in fewer areas and includes the typical section with both left and right turn lanes and would be a 66' wide paved right -of- way. 1 C MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 COUNTY ROAD 15 SAFETY IMPROVEMENTS - CONT. Hurr noted the turn lanes are shown at a 14' width versus a 12' width. Polancheck said this is a typical width for a turn lane in lieu of the shoulder. He asked that they review the drawings he had to present. He explained west of the intersection of County Roads 15 and 51 a left lane would be provided, and east of County Road 51 to Heritage Lane a right turn lane would be provided. From Heritage Lane to Millston the road would taper to a typical section. From Millston passed Green Trees Road, the road would have a left turn lane. A left turn lane would be provided east of Tanager Bridge. Both right and left turn lanes are proposed for the intersection of Orono Orchard and County Road 15 tapering to a left turn lane to Woodhill. From there a typical section would be provided to Highway 12. Goetten inquired how much wider the road would be than the is existing. Murphy said they would have to widen the road and acquire easements in some areas. Goetten reiterated the Comprehensive Plan calls for this road to be a scenic road. She questioned how they will handle the increased speed limits. Murphy said they propose essentially the same road as existing with safety improvements. Polancheck noted they could considered the elimination of the right turn lane between Spates Avenue and Heritage Lane to make the road narrower in this area. Hurr questioned whether the left turn lane proposed near Heritage could be used by traffic turning off Heritage going eastward. Polancheck said that is not the intended use, but people could use it for such. He said they have tried to provide a turn lane onto every public right -of -way. Kelley suggested they consider eliminating the turning lanes by Spates Avenue to force the traffic to use County Road 51. is Jabbour noted some residents in Orono believe County Road 15 should remain a narrow, hard to travel roadway. • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 COUNTY ROAD 15 SAFETY IMPROVEMENTS — CONT. Polancheck referred to the curve near Bracketts Point, and noted the County felt it their duty to remove the undesirable curves in this area reducing the curve to a 12 degree curve versus a 28 -30 degree curve. However, this substantially impacts the property to the north. Jabbour noted a previous City Council during a subdivision process for Green Trees voted against the right -of -way moving northward in this area. Murphy reiterated the County can build any portion presented, or rebuild any portion of the road as it currently exists. Goetten felt if the curve were reduced in this area it would only encourage speeding. Jay Richards inquired about provisions for a bike path along the • road as he felt in the current state, the road was very dangerous for bikers. Goetten noted Councils in years past have not been in favor of widening the road. Hurr agreed that paved shoulders would make it much safer for bikers. Murphy said it would be possible to mark the shoulder for bikers where it meets recognized standards. Richards felt the trail should run the entire length of the project. Jim Rivers noted they need to slow down traffic on the road, not provide for it to go faster. Murphy said the County is not trying to make the road easier to speed on, but they are obligated to place safety features during a reconstruction. Rivers felt paved shoulders would create more traffic problems. Goetten inquired about the funding for the project. 41 Murphy replied if Council approves the project, it will be put into the Capital Improvement Program for 1996. 3 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 COUNTY ROAD 15 SAFETY IMPROVEMENTS - CONT. Goetten asked about a signal light at County Roads 15 and 51. Polancheck said one is not proposed. Jabbour expressed opposition to such. Goetten stated it is difficult to access onto County Road 15 from Orono Orchard Road, and felt a light further westward may help that situation. Jabbour inquired about the width of the existing right -of -way. Polancheck said the road could be built within the existing right - of -way of 66', however, some portions may extend beyond. Murphy added wherever turn lanes are proposed, they may need the additional right -of -way. • Polancheck reported that City staff was also opposed to reducing the curve near Bracketts Point. Murphy indicated all the necessary survey data is not available. He said to date they know the surface road will be close to the existing roadway, but stressed the plans presented are only conceptual. Goetten asked about the maintenance option. Murphy noted that would include resurfacing of the existing road with the addition of turn lanes wherever possible. Goetten asked the cost of the project excluding acquisition of easements. Murphy replied the project would cost just under $5 million. Gerhardson questioned funding responsibilities of the City. Murphy stated the City may be required to fund a portion of storm sewer, but he anticipated this amount to be minimal and said they could define the cost better at the layout stage. He requested the Council to consider the proposal and reply at its earliest convenience but no later than next fall. • It was moved by Mayor Callahan, seconded by Goetten, to table act ion on the County Road 15 safety improvements unt i I after a work session is held on the issue. Ayes 5, nays 0. 4 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 ( * #3, 4 & 5) APPROVAL OF MINUTES It was moved by Hurr, seconded by Jabbour to approve the minutes of the regular Council meeting held May 10, 26, 1993; the Board of Review meeting held April 29, 1993; and the Reconvened Board of Review meeting held May 10, 1993. Ayes 5, nays 0. PARK COMMISSION COMMENTS There were no comments. LAKE MINNETONKA CONSERVATION DISTRICT COMMENTS Hurr reported the next Board meeting is Wednesday, May 26th. The LMCD will conduct a tour of the lake on an upcoming Friday evening. The Board is considering changes to the regulations regarding multiple dock side setbacks and unrestricted watercraft storage (i.e. sailboats), trying to establish consistency. The Environmental Committee will be looking at the goals needed to meet the Management Plan and the time table on ways to fund the necessary tasks. She reported Mr. Dunn will be present at the next meeting because the LMCD has challenged his in /out storage of boats. Mayor Callahan questioned whether the LMCD is considering requiring the marina owners to contribute with the use of their marinas for public access purposes as a condition of getting a license. Hurr replied she was unaware of such a condition. Goetten asked for a status of the Lake Access Subcommittee. Jabbour noted the paper reported incorrect information. Hurr noted the Maxwell Bay access was not listed in the paper because Orono asked the LMCD not to be involved with the DNR access. Jabbour stated the City withdrew from the Task Force because of the prejudice displayed towards the City; that does not mean the City's interest in the Lake has ceased. If anything the City's obligation has doubled. He indicated the LMLOA has also removed themselves from the Task Force and many cities have been absent throughout the process. He expressed concern that a document will be generated drastically biased towards Mr. Grathwol's point of view indicating Orono has been a part of the process and agrees with the outcome. He felt they should object to the document. 5 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 PUBLIC COMMENTS Jennifer Dotzenroth, 3225 Casco Circle, reported at the LMLOA Government Affairs Committee meeting of the lakeshore homeowners held that evening there was discussion that the DNR has made an option on Gayles Marina. Moorse stated he has not received information confirming that. Dotzenroth asked to be updated regularly as this matter proceeds. Carol Burgess, 2800 Pheasant Road, expressed appreciation for the Council's past support for the goose removal program. She asked the Council to reconsider its continued support, and asked them to look at how the problem impacts other areas of Orono. She noted throughout the lakeshore community, other cities have supported this program with funding. • Mayor Callahan questioned how the project was funded. Burgess replied the residents of the area have paid $800 per year and the City has paid $200 per year. Mayor Callahan noted that during the past year, some residents expressed horror regarding the program. Burgess said the area is so filled with geese that children cannot play in their yards. She noted that Dr. Cooper of the University may have other suggestions to remove the geese. Mayor Callahan suggested the residents approach the LMCD for help funding the project. Hurr noted that other cities around the lake are funding removal only from public lands. She felt they must provide the same financial support for any problem if they authorize this funding. Mayor Callahan directed staff to obtain information from other lakeshore cities regarding their support of the program and report to the Council. ( * #6) COMPREHENSIVE PLAN AMENDMENT #3 — RESOLUTION #3283 It was moved by Hurr, seconded by Jabbour, to adopt Resolution #3283 approving Comprehensive Plan Amendment #3. Ayes 5, nays 0. 2 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 ( #7) #1691 & #1702 CITY OF LONG LAKE, 130 ORONO ORCHARD ROAD - FINAL SUBDIVISION - RESOLUTION #3284 Kelley inquired about the landscape plan and a provision in the covenants to ensure the plantings will be installed. Staunton replied there are provisions within the covenant that would allow Orono to obtain an injunction and to take litigation to enforce if such violations are determined. Mayor Callahan suggested the City should contact Long Lake if a provision is not being adhered to prior to litigation. He said the City of Orono will be the primary party to enforce the covenant, not the residents, and added the covenants are perpetual. Kelley questioned the time frame for the landscape screening to occur. Moorse replied as the properties are developed, screening will be • planted. It was moved by Mayor Callahan, seconded by Jabbour, to adopt Resolution #3284 for Application #1691 and #1702 the City of Long Lake, 130 Orono Orchard Road, approving the planned residential development and plat of Fleming Trail. Ayes 5, nays 0. ( #8) #1734 JOHN BURGER, 3750 BAYSIDE ROAD - FINAL SUBDIVISION It was moved by Hurr, seconded by Jabbour, to table action on Application #1734 John Burger, 3750 Bayside Road, at the request of staff, pending receipt of the required easement documents. ( #9) #1811 C. JACK REMIEN, 3237 CASCO CIRCLE - VARIANCES Mr. Remien was present. Gaffron explained this is a request for a third renewal of a variance for lot area and width originally approved in 1984. When the original variance was granted the property was owned in common by the property owner to the north. The property is in a half acre zoning district, and contains 77% of the area requirement, and 55% of the lot width. The Planning Commission voted in favor of this • on a vote of 3 to 2. A question has been raised about the consistency with the DNR shoreland regulations. 7 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 ZONING FILE #1811 - CONT. In staff's opinion, based on a letter received from the DNR, the City's codes are in compliance with the DNR regulations and the City may grant the variance if the City finds a hardship exists. He stated previous to 1984, the City would not have considered a variance for common ownership property. He referred to a study in 1983 regarding common ownership revealing the number of lots in the City in common ownership and the size of lots throughout the various zoning districts, and concluded that the number of common ownership lots that might end up requesting variances is relatively small compared to the number of properties in the varous zones, and therefore upon the recommendation of the City Attorneys at that time, changed the policy to accept variance applications for common ownership lots. Gaffron noted that the first and second renewals were fairly non- controversial using the same documentation and hardship statement as the original approval. It appears the neighborhood now questions whether or not this variance should be granted. • Staunton said there is still some dispute whether the DNR shore Iand regulations would prohibit approval of a variance. He opined that the regulations provide an opportunity for a variance and the DNR regulations were only designed as guidelines for development of the City ordinance. He felt the real issue for this case is whether or not a hardship exists to allow the granting of a variance. Mayor Callahan asked if it was the City Attorney's opinion that the Council's only task is to apply the City codes. Staunton concurred. Mayor Callahan read a letter from Robert Hare, realtor for the Bielkes. Tom Zappia, attorney for Remien, felt the real issue is the variance under the Orono ordinance. The primary issues are: the property in question has a history of variance approval proclaiming buildability; the applicant acquired it as a buildable lot; there is no other reasonable use for the property; and the variance would not adversely impact the neighborhood as there are several other substandard lots in the area. Warren Bielke, 3241 Casco Circle, said he purchased his property in November 1985 and at the time the former owner of this lot • requested a variance which both he and Remien stated objections to. Mr. Remien purchased the vacant parcel after that variance was approved to use for the addition to his residence. 93 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 ZONING FILE #1811 — CONT. Jennifer Dotsenroth, 3225 Casco Circle, stated an objection to the variance citing additional hardcover and severe erosion problems in the area as reasons to deny. She felt most parcels in this area meet the lot area standard, and noted that Casco Circle is very narrow and they do not need the additional traffic on the road. Dick Kunz, realtor, said he disagrees with the adverse affects of this development on other property values. He noted the buyer of this property intends to build within the hardcover guidelines and one additional residence will not create that much more traffic. Dave Stilseth, 3233 Casco Circle, said if this property is developed there will be minimum separation between the three residences and be very congested. This does not fit the general look of the area. He felt the properties should be combined. Hurr inquired the width of his lot. • Stilseth stated his lot is a bit larger than 60' wide, but added was grandfathered in and he purchased it 14 years ago. Gary Nasiedlek, buyer of the vacant lot, said they began their procedure by calling Orono and getting the specifications to build for this property. They agree to remove the garage on the lot. He felt the house will fit the neighborhood, and added the road could be widened. He said he has offered to postpone building until the Bielkes sell their property. Mayor Callahan clarified that the buyer has a contingency in his purchase agreement based on approval of this variance, and that he was aware of the need for the variance at the time the purchase agreement was drafted. Nasiedlek concurred. Chuck Plain, 3227 Casco Circle, expressed opposition as most parcels in the area are larger pieces of property and approving this variance would place three residences in close proximity. Jay Richards, 3243 Casco Circle, stated he was excited when Remien purchased the property to add onto his residence. He concurred that if approved this will be the only area where three residences are • placed in close proximity. He agreed there is a need to minimize hardcover in this area because of the erosion problems, and stated the Counc i I may w i sh to cons i der mak i ng Casco C i rc I e a one way road in the future because of its narrow width. • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 ZONING FILE #1811 - CONT. Richards asked that if approved the concept plans be a part of that approval as it is crucial that a smaller residence be placed on this parcel. Peter Bachman, attorney for the B i e I kes, referred to the Lorge case where the City was sued over the common ownership issue in 1982. He said this case does not set a precedent as it was settled out of court. He presented that even though variances have been approved in the past, there are major issues preventing approval at this time, including: the common ownership issue, and undue hardship. He referred to a case whereby the Court indicates that without the presence of a demonstrated hardship a variance cannot be approved. He felt the applicant's plight is partially of his own doing. The Courts also have stated that if the property adjacent to the substandard parcel is owned in common, the properties must be combined. The Courts have also indicated that past variance approval does not entitle automatic approval of the present request. He felt the law is very clear in these areas. is Mayor Callahan questioned whether the thrust of his argument is the Council's ability to deny. Bachman replied he is trying to point out that the Council has the authority to deny, but not the authorization to grant the variance if there is no undue hardship. Mayor Callahan said they are trying to determine if there is a hardship. Bachman distinguished that the owner purchased the property knowing that it was substandard and owns the property adjacent to the vacant parcel. Hurr pointed out when the owner purchased the parcel it was declared buildable. Bachman disagreed, noting that the variance had expired. Hurr noted the parcel has been assessed for sewer and water and historically been taxed as a buildable lot. Bachman stated the applicant has used this parcel in common with his homestead property. He said he has asked other city attorneys • and the uniform response has been that it is nonsense to grant variances based on the property being taxed a buildable parcel. He suggested one could request the assessor to tax a parcel at a higher rate and then request a variance based on such. 10 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 ZONING FILE #1811 — CONT. Goetten felt that reply rather simplistic. She inquired about the assessment of sewer units. Gaffron reported that the properties in this area were assessed footage and there was no unit or area charge. This parcel was assessed the front footage charge and would have to pay incremental charges based on recent sewer upgrades. He added the sewer stub on this parcel is used by the Bielkes and needs an easement. Bachman clarified the point he was trying to make is the City has the right to control land use and it should not be based on historical taxing practices. He felt the only reason why these properties were not combined is the owner feels he will make more money if sold separately, and a variance cannot be approved based on economic reasons. He said an applicant for a variance must meet all applicable City and State standards. He said the property does not have any unique characteristics to distinguish it from other substandard parcels. He felt denial of the variance does not prohibit the use of the property as it can be combined with the adjacent parcel. Bachman reviewed the findings included in the draft resolution and felt they were lacking. Steve Silus, potential buyer of Remien's developed parcel, stated he has agreed to this purchase knowing the adjacent parcel will be developed. Hurr asked him if he felt that to be a negative. Silus replied he did not any more than the property developed on the south side. Chris Bielke noted the three variances approved in the past have been to owners not owning the parcel in common with adjacent parcels. Jabbour questioned whether the owner could sell the two parcels independently and the new owner come back with the hardship that there is no available land and this is a reasonable use. Staunton opined that could be done. is Bachman retorted that the law provides that anytime property is owned in common ownership it must be combined. 11 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 ZONING FILE #1811 - CONT. Kelley asked the applicant his hardship. Remien said he purchased the parcel as a buildable lot and if combined he would suffer a substantial loss. He stated he purchased the parcel for $80,000 and intends to sell for $92,000, but will not realize a financial gain as he must pay the realtor fees, attorney fees and has paid taxes on the parcel. He felt the hardship is that there is no additional property to combine to this property to make it conforming, but added it does contain the necessary square footage. He said he has maintained the vacant parcel, but has viewed it as completely independent from is homestead parcel. Mayor Callahan asked the applicant if he had opposed the previous variance request. Remien replied his former wife opposed the variance in 1987, and • in fact, she was not I i sted as a property owner at the time. In final resolve, he purchased the property after the variance approval with the intent to maintain or sell as a buildable lot. Hurr clarified that he receives two separate tax statements. Remien stated that is correct. Hurr asked about the narrowest developed property in the area. Bachman noted the staff report indicates this parcel is 5' narrower than the next smallest developed property. Gaffron clarified that the two parcels next to this property are also 55' wide, but there are no lots narrower than this property. Dotzenroth stated there are no lots narrower than this property, and requested Council to again consider the environmental impacts. Jabbour replied that the vacant parcel could contain hardcover even if combined with the adjacent parcel. Dave Truax, Remien's realtor, disagreed with the position held by Hare that the values in the area will be reduced. He stated both the Remiens and the Bielkes enjoy the benefits of the vacant parcel. 12 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 ZONING FILE #1811 - CONT. Chris B i e l ke stated they do have a privacy fence long the lot I i ne. She added during a recent open house of their property, there was conversation regarding this property and interest in their property has dwindled. Kelley said he would vote to deny as no undue hardship has been shown. Goetten stated prior Councils have decided this to be a buildable lot, and she feels honor -bound to rely on their decision. Staunton indicated that it is correct that prior action does not bind the Council to grant the renewal variance as approval is time limited and lapsed. He said the Council needs to independently confirm the hardship for this request and previous action cannot act as the sole support for this approval. However, he added that the Council is not legally prohibited from granting the variance is based on hardship. C7 Mayor Callahan questioned past ownership regarding variance approval. Gaffron stated the variance was originally approved while under the common ownership with the property to the north, then it was sold to a separate owner, and now is owned by an adjacent property owner again. Mayor Callahan stated other than economic reasons, he did not see any claim of hardship. Hurr felt they have set a precedent in the past by granting variances where the area meets 77% of the standards. She felt the only question is the ownership. She felt they were bound by previous approvals. Mayor Callahan reiterated that they must find a hardship to approve, and the property could be combined and provide a reasonable use of the property. Hurr disagreed, that they declared this property buildable and now are disagreeing because it is owned in common ownership with the adjacent property. 13 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 ZONING FILE #1811 — CONT. Mayor Callahan asked if the Council was mistaken with the first approval, why should they repeat that mistake. Hurr asked about the City's past policy to consider taxing history. Kelley noted they cannot look at valuations. Goetten stated the Counc i I has approved var i ances i n the past based on sewer ava i I ab i I i ty. She f I t the Counc 1 1 does not have the r i ght to require the combination. Jabbour said he is sensitive to the fact that a hardship must be demonstrated and also to the former promise of past Councils. He felt the applicant could demonstrate a hardship if the two parcels were sold independently. Mayor Callahan stated the hardship would have then been created by • the applicant. Goetten indicated the issue is not the common ownership, but rather the fact the property was purchased subsequent to being declared buildable. She felt they would be taking a right away by denying. She felt if they deny this application, the Council would be setting a real precedent and reiterated past practice has been to consider sewer and water availability and taxing history. It was moved by Hurr, seconded by Goetten, to approve Application #1811 for C. Jack Remien, 3237 Casco Circle, approving variance to permit construction of a new residence. Jabbour asked the applicant to try harder to demonstrate a hardship. He said he would like to do the honorable thing. Kelley disagreed and stated they are elected officials and can be replaced if their actions are not agreed upon by their constituents. He felt they were not bound by past decisions. Goetten felt the hardship is the availability of the sewer and water. Vote: Ayes 2, nays 3. Ke I I ey, Mayor Cal I ahan and Jabbour voted nay. • It was moved by Kelley to deny Application #1811 for C. Jack Riemen. 14 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 ZONING FILE #1811 - CONT. Mayor Callahan asked the applicant if he would like additional time to demonstrate hardship. Riemen stated he would like the application to be tabled. Kelley withdrew his motion. I t was moved by Mayor Ca I I ahan, seconded by Jabbour, to tab I e unt i I June 14th Application #1811 for C. Jack Riemen, 3237 Casco Circle, to allow the applicant time to demonstrate hardship. Ayes 5, nays 0. Mayor Callahan called for a recess from 10:30 to 10:40 p.m. ( #10) #1828 CHRISTOPHER TULLY, 1355 NORTH ARM DRIVE - CONDITIONAL USE PERMIT - RESOLUTION #3285 is Mr. Tully was present. Gaffron explained the applicant seeks a conditional use permit for an accessory structure in the rear yard of a through lot, meeting the required 15' side setback and the 30' rear setback. The applicant has agreed to combine all seven of his parcels. It was moved by Mayor Callahan, seconded by Goetten, to adopt Resolution #3285 for Application #1828 for Christopher Tully, 1355 North Arm Drive, approving a conditional use permit for the construction of an accessory structure on a through lot. Ayes 5, nays 0. Hurr asked the intended use of the structure. Tully replied it would be used for storage. ( #11) 1993 MARINA LICENSES Gaffron explained this issue involves six applications for 1993 marina licenses, in staff's opinion three of which are without controversy and similar to past applications: Crystal Bay Service, Windward Marine, and Minnetonka Boat Works. Lakeside Marina has made an application requesting 30 to 50 boats intended to be stored on land for lake use in addition to their 77 normal slips. They • have not paid the slip fee for these 30 to 50 as part of the application. The question is whether or not the City is still in the business of regulating boat density. 15 C� MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 1993 MARINA LICENSES - CONT. Resolution #938, ref adoption, coupled wit if the operation of t the environment or n leads to a conclusion to 50 boat addition. boat density does cre be a conflict in i recommends that based 77 slips, and not rei He noted the B -2 zon i r but does not address past practice of reco arenced in every license issued since that i the existing code sections which state that ie marina is to be a detriment to the lake or �ighbors, the license should not be issued, that no license should be granted for the 30 Resolution #938 states that increasing the ite an environmental problem. He felt that to ;suing a license for the extra slips. He on this analysis a license be issued for the ;ognize the additional boat storage on land. g section of the code discusses dock lengths, )oat density. His concern is that in light of inizinq Dast boat density. if boat density is not addressed with these license applications, the City may not maintain continuity and may give up some authority it may want to maintain. Mayor Callahan asked if the three applications in question directly related to the number of boats. Gaffron replied all of them are historically related to boat density, and the form and fee schedule used for the application are tied to boat density prohibiting an increase in density. Mayor Callahan felt the issue was properly brought to the attention of the City and the staff's analysis of the history is correct. He felt the thrust of the regulation suggested in Resolution #938 is related to length of docks, not boat density. The Lake Use Committee came to the belief that the City ought to regulate the marinas as a business and as such confine efforts to ensure they do not engage in activities which might be considered nuisances, and regulate them in actual use of the land similar to the way other land owners are regulated. Consideration was given to whether the B -2 section of the code should be revised, and that is under consideration at the Planning Commission level. The two issues that the Committee was concerned about was that the land use be in accordance with the general views of the City and the marinas do not act in such a way as to be a nuisance or obtrusive in the neighborhood. One major issue to consider is adequate parking. Specifically, the Lake Use Committee did not want to regulate the number of boats at the marina, and more specifically did not want to regulate dry stacking. The Committee generally believed that the marinas should be allowed to run as a business in any way deemed useful. He felt that marinas, kept within those parameters, were des ireable within the City and serve a useful purpose in getting the public on the lake. 16 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 1993 MARINA LICENSES - CONT. Mayor Callahan suggested the Council grant all six licenses, not based on the number of boats, and modify Resolution #938 to abolish any reference to boat counts, and change the basic fee structure so as not to be based on the boat slips. Jabbour asked the Council to address Mr. Dunn's most recent request that Jabbour be allowed to be involved with discussion regarding marinas. Mayor Callahan explained Dunn originally suggested Jabbour not be allowed to be involved with discussion regarding marinas as he is also a marina owner and Dunn felt it to be a conflict of interest. Mr. Dunn recently has expressed a wish that Jabbour be allowed to participate. Mayor Callahan felt Jabbour could act responsibly and urged him to participate in discussion. Rivers agreed that he felt that Jabbour is an elected official and . should carry on as such and would look at the issues from the City's standpoint. Kelley and Goetten concurred that they felt Jabbour would act in accordance. Jabbour felt marinas have to be run as a serious business and noted many regulations governing them. He felt counting boats was counter - productive and felt they should consider envelopes of use rather than boat density. He acknowledged that they need to know the number of slips to justify required parking. Hurr felt the perception is as bad as reality. She questioned Dunn's original request to have Jabbour not participate. Mayor Callahan stated that one can only assume that Dunn felt Jabbour did not need to step down in the first place. Rivers questioned the conflict between the LMCD and the City's position on boat density. He asked who governs. Jabbour noted that the City is not indicating that a marina can have as many boats as they wish, but rather that the City should not concern themselves with actual boat density and should only be concerned with defining parameters and an acceptable use of the • property. 17 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 1993 MARINA LICENSES - CONT. Hurr noted that the plan for Windward Marina indicates no storage is allowed on the east side of the gazebo, but boats were stored there all winter. Gaffron noted the Council approved a plan that supersedes the original plan, allowing such storage. Jabbour commented that the LMCD has difficulty understanding that all boats are used in the lake, yet they have a very distinct difference between boats to be launched on a daily basis and boats to be launched that are dry stacked. He felt it would best serve by the City if they acknowledge that all boats will at some time be launched in the lake, and felt the City does not wish to restrict marinas and their types of service. He added, the City does not intend the street to be used for parking and the entire marina property used for boat storage. • Mayor Callahan stated he has read the applicable Statute and found out that it was completely revised in 1991, and the word parking appears in it once, so he assumed that there is only one occasion where the LMCD has control over parking. The area which it appeared in the Statute had to do with parking in connection with marinas. Mayor Callahan surmised that the only place which the LMCD has been given power by the State to regulate parking has to do with parking in marinas. The Statute goes on to say, "the regulation by the LMCD has to be in accordance with and conforming to the zoning ordinances of the City ". He opined that if the City's view about the use of the land is that you allowed to park as many boats on the property as you wish, the LMCD cannot govern this density. The LMCD is beyond its authority if it tries to govern boat parking on land based on the fact that the boat will be launched into the lake. Resolution #938 indicates a joint control with the LMCD over dock use, as long as the dock is attached to land in Orono. He said if the LMCD is planning to condition the grant of licenses on any connection with parking, he opined they are not empowered to do so. He felt the LMCD is trying to prohibit or limit the use of marinas and encourage free access for the public, and the reason for restricting marinas appears to be to encourage free access. He said, "access is access, and the damage to the lake does not depend upon who pays to get the boat into the lake ". Jabbour reiterated in the past the City has established • unattainable goals, and is now trying to change that philosophy. He felt they could not rely on the LMCD to come up with logical uses as the LMCD has expressed a bias toward a certain type of boaters. 18 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 1993 MARINA LICENSES - CONT. It was moved by Mayor Callahan, seconded by Goetten, to approve the 1993 marina license for the following: Windward Marina, Minnetonka Boat Works, Sailors World, Lakeside Marina, Gay Ies Marina and Crystal Bay Marina, and directed Resolution #938 to be amended to revoke language related to boat density. Hurr questioned what they intend to base parking standards on if the boat density is no longer an issue. Mayor Callahan noted marinas will still be required to be in compliance with the B -2 zoning section. Gaffron expressed concern that the City would no longer require an exhibit attached to the license indicating factors such as dock layout, required parking spaces, etc. and felt this may create problems. He suggested staff return with an amended exhibit. • Mayor Callahan agreed and suggested that may be important to complete first. He changed his motion to direct staff to change the license form and exhibit and report back at the June 14th meeting to Council with a new license ordinance, including matters previously discussed at the Lake Use Committee meetings and by Council. He directed staff in the mean time to not interfere with marina operations for the lack of a license. Jabbour expressed concern that this not be construed that the City is not concerned with boat density. Hurr said, "some of us very clearly had not been for their involvement doing "diddly squat" with marina gotten done." She said she does no confidence in Orono with regard to operation. criticize the LMCD, but if it for the years that Orono was licenses, nothing would have t have the greatest amount of regulations involving marina Jabbour and Goetten agreed with Hurr that the City has waited too long to enforce the ordinances. It was moved by Mayor Callahan, seconded by Jabbour, to table action on the 1993 marina license to the June 14th meeting, and enforcement of the ordinance requiring a license be suspended, and d i rected staff to report to the Counc i I w i th a draft of the I i cense • ordinance reflecting previous discussions. Hurr asked if they would have a chance to review the ordinance prior to its adoption at the June 14th meeting. 19 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 1993 MARINA LICENSES - CONT. Mayor Callahan noted he did not anticipate adoption of the ordinance at the next meeting. Vote: Ayes 5, nays 0. MAYOR /COUNCIL REPORT A) Mayor Callahan explained after meetings with members of the Hennepin Parks, it has come to his attention that they consider the bike trail as their project and are allowing Orono to contribute. It was his impression that the Hennepin Parks interprets the agreement differently than the City does. He noted at the meeting there was discussion that the screening along the trail should be replaced similar to what is currently there. Hurr questioned the allowable speed on the trail. • Mayor Callahan said the agreement reads "only used by pedestrians and bicycles' and does not address speed limits. Mr. Byrant of Hennepin Parks interprets this section to mean, he will decide the use of the trai I , and said, "for instance if we decide that we want to have roller skating, skate boarding, and etc., we will put them on. We will place it and maintain it." Hurr asked if there will be a center line. Gerhardson confirmed there would be. Kelley questioned the 8' width of the trail and noted the trail through Baker Park is narrower. Hurr felt the 8' is essential as it is next to a roadway. She questioned who is responsible for maintenance of the trail. Gerhardson replied Hennepin County will provide maintenance. B) Kelley reported he and Moorse have met with City officials of Long Lake to discuss the Fire Department. They have reviewed the historical budgets and reported all money has been accounted for the past 5 years. They will meet again to review the 1994 budget. Jabbour said the City is fortunate to have Rick Perry as Fire • Chief. Kelley stated they need a philosophy established on the ownership of equipment. 20 r. • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 MAYOR /COUNCIL REPORT - CONT. C) Goetten reported the City of Long Lake has appointed two residents to approach MnDot regarding the light situation at Willow Drive. Long Lake has suggested Orono and Medina join with them. D) Jabbour expressed concern by residents that Orono has ceased to be involved with the Lake Access Task Force. He said he explained to these people that Orono was unhappy with the chair of the committee, and Jabbour felt the committee is winding down. He stated he wants the archives to reflect that only 2 or 3 members of the committee have been attending the meetings of the Task Force. Orono was only involved in establishing the criteria and counts. He expressed his frustration with the process to the LMCD. Mayor Callahan noted that was always the major danger of the report. He stated the press reported the names of many members of the Task Force, many of which did not know they were even on the Committee. • E) Hurr volunteered to serve on an ad -hoc committee to review the County Road 15 improvements. Goetten volunteered also. F) Mayor Callahan expressed pleasure with the addition of a Police Department report on the agenda. Sullivan reported Reo Raj Kennels will be going out of business as of June 30th, but the City may have an opportunity to use Wright County Humane Society. He said he would keep them posted. POLICE CHIEF REPORT ( * #12) MONTHLY REPORT It was moved by Hurr, seconded by Jabbour, to accept the monthly activity summary report. Ayes 5, nays 0. ( * #13) NORTH TONKA CRIME PREVENTION COALITION It was moved by Hurr, seconded by Jabbour, to accept the information regarding the North Tonka Crime Prevention Coalition. Ayes 5, nays 0. • ( * #14) NORTH MEMORIAL HOSPITAL DONATION It was moved by Hurr, seconded by Jabbour, to accept the information regarding the North Memorial Medical Center Donation. Ayes 5, nays 0. 21 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 ENGINEER'S REPORT There was no report. CITY ADMINISTRATOR'S REPORT ( #15) ABOVE GROUND FUEL STORAGE TANKS Moorse explained the tanks will be located 32 1/2' from the property line and the code requires a 50' setback, but that standard was written for basic steel tanks. Staunton suggested amending the code. It was moved by Jabbour, seconded by Mayor Callahan, to direct staff to draft an amendment to Section 9.34 adding an exception to the 50' setback for 1 hour f i re rated tanks to be setback 30' . Ayes 5, nays 0. • ( * #16) SALARY ADJUSTMENT D.J. GOMAN It was moved by Hurr, seconded by Jabbour, to approve a salary increase for D.J. Goman to $6.61. Ayes 5, nays 0. ( * #17) TEMPORARY EMPLOYMENT - GOLF COURSE It was moved by Hurr, seconded by Jabbour, to authorize hiring Don Kvam as temporary starter at the Orono Golf Course effective May 25, 1993 at an hourly rate of $5.50. Ayes 5, nays 0. ( #19) 1992 BUDGET ADJUSTMENTS Mayor Callahan noted he did not receive the information in his packet. It was moved by Mayor Callahan, seconded by Jabbour, to table action on the 1992 budget adjustments. Ayes 5, nays 0. ( * #20) WILD FLOWER SEEDING - FRENCH LAKE PARK It was moved by Hurr, seconded by Jabbour, to approve the expenditure of $1,500 to do the finish grading and seeding at the sewer pond property, to be paid for from the Park Dedication Fund. Ayes 5, nays 0. • Hurr asked that the name French Lake Park not be recognized as it has not been approved by the Council. 22 s r MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 ( * #21) ESTABLISH PLANNING COMMISSION TERMS - ORDINANCE #115, SECOND SERIES It was moved by Hurr, seconded by Jabbour, to approve Ordinance #115, Second Series to establish the Planning Commission terms. Ayes 5, nays 0. ( #21A) SEWER PLANT PROPERTY UPDATE Kelley asked each Council member their opinion of the value of the property to the City. Goetten said she was not against selling two lots, and reminded him this sale is to help offset the cost of the new facilities. Mayor Callahan believes it ought to be sold. Jabbour said, "if I owned the property, I would keep it ", but expressed concern that they had promised the public the property would be sold to offset the cost of the new facility. • Hurr stated no opinion. Jabbour said he agrees with Kelley that it is important to maintain open lands, and suggested they could acquire land in a more desireable location. Kelley asked if they would be willing to change their minds if a number of the public opposed the sale. Hurr stated there will still be many reminding them of their promise. Mayor Callahan said he is not opposed to selling the property regardless of the promise to the public. Moorse indicated if the subdivision is to move forward they must prepare a Comprehensive Plan amendment for sewer. Mayor Callahan felt they should not start the process until a price for the land is arrived at. Moorse stated the appraisal would be done early June. Kelley questioned the need for a private road to serve the three residents. • Mayor Callahan stated he was not excited about going to the Metropolitan Council with an amendment to the Comprehensive Plan. No action required. 23 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 ( #21B) OLD CRYSTAL BAY BRIDGE EASEMENT ACQUISITION It was moved by Mayor Callahan, seconded by Goetten, to approve the permanent and temporary easement for the Old Crystal Bay bridge project, and to authorize the Mayor and City Clerk to sign the easement. Ayes 5, nays 0. ( #22) LICENSES Moorse added an application for a septic license from Olson Construction. It was moved by Mayor Callahan, seconded by Goetten, to approve the following licenses: Septic System Installers: Olson Construction Clover Hill Co., Inc. Garbage Haulers: Baldy Sanitation Inc. • East Tonka Sanitation R &W Sanitation Inc. & R &W Roll -off Service, Inc. Ayes 5, nays 0. • ( * #23) BILLS It was moved by Hurr, seconded by Jabbour, to approve payment of the All Funds Account. Ayes 5, nay 0. ADJOURNMENT Mayor Callahan adjourned the regular Orono City Council meeting at 12:15 a.m. Edward J. C Ilahan, Jr., a or ATTEST: Dorothy M. Hallin, City Clerk 24