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HomeMy WebLinkAbout06-14-1993 Council MinutesMINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 14, 1993 ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Councilmembers J. Diann Goetten, and Charles Kelley. JoEllen Hurr arrived at 8:45 p.m. Gabriel Jabbour was absent. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Engineer Glenn Cook, City Attorney Kevin Staunton, and City Recorder Teri Naab. Charles Schroeder, Stephen Peterson, Sandra Smith and Charles Nolan represented the Planning Commission. Mayor Callahan called the meeting to order at 7:34 P.M. ( #1) CONSENT AGENDA Mayor Callahan added Items #7, 12, and 17. Moorse related that Hurr wished to removed Item #2. • It was moved by Goetten, seconded by Kelley, to approve the Consent Agenda as amended. Ayes 3, nays 0. Motions for all items adopted by consent agenda will be included in the minutes in their respective numerical order. ( #2) APPROVAL OF MINUTES Hurr asked that Page 5, Paragraph 3, be changed to read, "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 "; and Page 6, Paragraph 1, to read "reported at the LMLOA Government Affairs Committee of the Lakeshore Homeowners meeting ". It was moved by Hurr, seconded by Goetten, to approve the minutes of the regular Council meeting held May 24, 1993 as amended. Ayes 4, nays 0. PARK COMMISSION COMMENTS There were no comments. PLANNING COMMISSION COMMENTS There were no comments. 1 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 14, 1993 PUBLIC COMMENTS Harvey Reder, 3596 Livingston Avenue, explained there is a need to correct drainage on the 3500 block of Livingston Avenue. He noted he has discussed this with Gerhardson and asked the status of the consideration. Gerhardson reported he recently discussed the problem with residents along the street who have presented a landscaping plan which should permanently resolve the drainage problem. ( #3) #1737 RICHARD HOLLANDER, 680 NORTH ARM DRIVE - REQUEST FOR EXTENSION Mabusth explained the original after - the -fact variance was approved in 1992 subject to the removal of existing hardcover shown on the site plan. The applicant has requested a 60 day extension of that removal deadline due to weather conditions. • Mayor Callahan clarified that staff recommends a signed agreement with the applicant and the submittal of a Letter of Credit. He further clarified that the property is for sale and the resolution was not filed in the chain of title as the property is torrens. Mabusth concurred. Kelley questioned what happens if the house sells and the agreement has not been signed and the buyer is unaware of the conditions and does not wish the hardcover to be removed. Mayor Callahan suggested they approve the request based on the agreement signed within 10 days and the Letter of Credit submitted or the City will enforce the conditions of the original resolution. Kelley inquired what the next step would be if the extension were denied. Staunton replied the applicant was unaware that he needed to be present at this meeting. He stated litigation would be the last step and suggested the City send the applicant a letter asking for an appearance before the Council to explain why the removals have not been completed. Kelley asked if it is the responsibility of the City to contact the • selling real estate agent. E • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 14, 1993 ZONING FILE #1737 — CONT. Mabusth answered the agent has contacted the City and has been shown the entire file. She reported the gazebo, deck and deck above the boat house have been dismantled and need to be removed. It was moved by Mayor Callahan, seconded by Kelley, to approve the request for Application #1737 for Richard Hollander, 680 North Arm Drive, for a 60 day extension to the deadline date for removal of hardcover, subject to an agreement being signed within 10 days from this meeting and a Letter of Credit for 150% of the improvements be submitted to the City, and failure to provide such will result in the City enforcing the conditions of the original approving resolution. Ayes 3, nays 0. ( #4) #1811 C. JACK REMIEN, 3237 CASCO CIRCLE - VARIANCE • Mayor Callahan asked the City Attorney to summarize the position of the attorney's of the competing parties. Staunton reported the Council has broad discretion to grant or deny variances but they are required to articulate reasons from evidence as presented in doing so. Undue hardship must be present to approve a variance. He reviewed the many relevant facts presented by both sides, and said the Council needs to decide a reasonable use of the property, and based on the information presented Council has the discretion to either deny or approve. Mayor Callahan clarified that the applicant has a heavy burden to show hardship. Remien began by stating he has discussed the issue with several Council members who asked his intent in purchasing the property. He stated he purchased the property with the intent to add on to his existing residence, but always felt if those plans changed, the lot could be sold as a buildable lot. He referred to Mr. Bachman's letter which infers he will realize financial gain. He asked if it is a prerequisite that something must be gained from the approval of a variance, or is the purpose merely to prevent negative impact. He referred to the comment in the letter stating the development of this lot will have a negative affect on the Lake and stated every building has that same negative affect, and he felt this would be beneficial because it would provide a new structure on the • lake versus old dilapidated buildings. He added, with the new residence the old shed and sidewalk leading to the Bielkes house would be removed. He said as a resident of Casco Circle, he sees a benefit to allowing this lot to be developed. R1 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 14, 1993 ZONING FILE #1811 - CONT. Remien pointed out that Bielke claims that he will realize a substantial loss in property value if the variance is approved and asked to see a purchase agreement indicating the value has decreased because of said variance. Thomas Zapp1a, applicant's attorney, asked the Council to review the chronological order of events to find hardship. He stated when the Bielkes purchased their property, a variance had been granted for this vacant lot. He said if the lot were not owned in common, there would be no other reasonable use of the property. Mr. Bielke stated the benefit is greater to Remien if the property is combined and then sold, and added Remien has already attempted to sell as a whole. Peter Bachman, Bielkes' attorney, stated that Zappia's letter does • not present any new facts, and referred to a letter from the DNR indicating opposition to the variance. He reiterated that Remien opposed the variance prior to his owning the property, purchased the property knowing it was an unbuildable lot with an expired variance, and purchased the property with the intent to add onto his existing residence. Gary Nas1edIek, potential buyer of the lot, stated he believes the hardship is the fact that they purchased the property based on the information and recommendation of staff. He referred to a policy change which requires the City to consider all commonly owned parcels individually. He said they have purchased the property contingent upon variance approval, and this contingency affects other buyers. Kelley referred to the staff finding that the property was not assessed individually for sewer and water. He felt the applicant has not presented adequate hardship. Gaffron explained Lots 16, 17 and 18 were commonly owned and assessed for one sewer and water unit at the time those utilities were installed on casco Point. The as -built maps indicate the three parcels were considered by the City or its engineer as one existing building site. Lots 16 and 17 contained the residence now owned by the B i e I kes. The sewer stub on Lot 18 is the only stub provided for the group of 3 lots and was used for the Bielke house as that was • probably the most likely location for easy connection due to site topography, etc. He stated the facts have changed as ownership has changed and felt that just because additional sewer and water units were not originally assessed does not mean that it was formally N • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 14, 1993 ZONING FILE #1811 — CONT. determined to be unbuildable at the time, but merely reflected the City code at the time. He noted that a variance review had not been applied for nor completed at the time. Goetten stated she appreciates the difficult position of both parties, but added her position has not changed, that being that previous approval was based on hardship, and in good faith the Council must grant the variance. She felt the development of this property would be consistent with that of the neighborhood. Hurr agreed that the property is very consistent with surrounding properties. It was moved by Hurr, seconded by Goetten, to approve Application #1811 for C. Jack Remien, 3237 Casco Circle, granting a variance renewal for the construction of a new residence. • Mayor Callahan stated he has difficulty finding a hardship to grant the variance as he feels using the property as lawn a reasonable use of the land. He said larger lots typically on the lake are more des Ireable, and would facilitate expansion of the existing house in the future. He said he was troubled by the comings and goings of the variance, and agreed a hardship must be found at this point to approve the variance and not just base it on past practice. He thought perhaps the previous renewal variances were granted due to the lack of objection at that point. Kelley stated they just approved a variance that evening based on no additional land available to expand. He hoped they could prohibit such on other lots by maintaining a minimum standard. He noted that as an elected official, he has individual thoughts, which may or may not be in agreement with past Council action. Hurr questioned the assessed value. Remien replied the valuation is $57,000. Hurr reiterated the development of this lot is consistent with the neighborhood, and the value would suggest it is a buildable lot. Kelley felt the issue of assessed value was not quantifiable. • Remien questioned why the Council chooses to ignore the policy established in 1983 to deal with commonly owned parcels on individual merits. 5 .7 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 14, 1993 ZONING FILE #1811 - CONT. Mayor Callahan replied the Council is trying to determine 1f there is justifiable hardship to approve the variance. Vote: Ayes 2, nays 2. Mayor Callahan and Kelley voted nay. Motion failed. It was moved by- Mayor Callahan, seconded by Kelley, to table Application #1811 for C. Jack Remien, 3237 Casco Circle, until all Council members can be present. Hurr felt by tabling action, they were placing undue hardship on the potential buyers and sellers involved with this situation. Vote: Ayes 3, nays 1. Hurr voted nay. Motion carried. ( #5) #1820 HENNEPIN COUNTY DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, NORTH ARM ACCESS - CONDITIONAL USE PERMIT It was moved by Mayor Callahan, seconded by Kelley, to table Application #1820 for Hennepin County Department of Environmental Management, at the request of the applicant. Ayes 3, nays 0. ( #6) #1822 MARK PRUETER, 3215 CRYSTAL BAY ROAD - VARIANCES - RESOLUTION #3287 Mr. Prueter was present. Mabusth explained the applicant proposes an 18x26' addition to the rear of the existing residence and a smaller 15x10.6' lakeside deck in exchange for the removal of existing sidewalks on the west side of the house, pavement areas, replacement of steps and a 19x15' lakeside deck. The proposal has minimumal impact on the average lakeshore setback. The applicant has expressed concern about removal of the existing wooden walk to the rear needed to traverse a low area of the property. It has been noted that a hydrant exists to the rear of the property for emergency use. Prueter requested that Condition #1 of the resolution be amended to postpone the removals until the completion of the project. Kelley inquired about neighbors' response. • Mabusth noted the applicant has discussed the plan with neighbors and there have been no objections. 2 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 14, 1993 ZONING FILE #1822 - CONT. Kelley stated he felt with this addition the property would be developed to its maximum and noted it may be difficult for the Council to consider additional variance requests. Prueter indicated the only other addition they could consider would be a second story. He said his goal was to provide enough space for a future family. Goetten asked the total lot coverage percent and hardcover percents in each zone. Mabusth answered lot coverage is 14.1 %; existing 0 -75' hardcover is 18.9 %, proposed 17.2 %; and existing 75 -250' hardcover is 29.4 %, proposed 30.2 %. She asked if the applicant has considered a drainage plan. • Prueter indicated they do have a drainage plan which provides for the filling of the low area between the house and garage to improve the drainage situation. • Goetten said this is a substandard lot and asked if the applicant could propose further removals of hardcover. Prueter suggested the removal of the walkway along the lot line. It was moved by Goetten, seconded by Mayor Callahan, to adopt Resolution #3287 for Application #1822 Mark Prueter, 3215 Crystal Bay Road, for side setback variances, average lakeshore variance, and hardcover variances to permit the construction of an addition to the existing residence, subject to Condition #1 of the resolution amended to reflect the removal date be upon final inspection of the project, and the inclusion of the additional 65 square feet of hardcover to be removed. Ayes 3, nays 0. Mayor Callahan asked the applicant if he has an easement to cross the railroad. Prueter replied he has not discovered an easement in the title, and questioned the City's objection should a problem arise. Mayor Callahan said they would be monitoring the situation regarding precedent set by other communities. 7 0 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 14, 1993 ( #7) #1824 ERIC & SHELLY LILJEQUIST, 3490 BIRCH LANE - VARIANCE - RESOLUTION #3288 It was moved by Goetten, seconded by Kelley, to adopt Resolution #3288 for Application #1824 Eric and Shelly Liljequist, 3490 Birch Lane, approving a rear yard setback to permit the construction of a detached garage. Ayes 3, nays 0. ( #8) #1825 THOMAS L. MCCARTHY, 2490 OLD BEACH ROAD - PRELIMINARY SUBDIVISION Thomas McCarthy and Mark Gronberg were present. Mabusth explained this is a request for a 2 lot subdivision within the LR -1B 1 acre zoning district. The applicant has proposed two options: 1) to create an easement through Lot 2 for access to Lot 1 which would reduce an area variance and would not be acceptable; and 2) access via a platted corridor. She explained under the • former ordinance, the lot width would have been measured at the 35' rear /street setback and 75' lakeshore setback and the property could not have been developed as a flag lot due to the lack of width at the 30' setback. The current ordinance allows for the lot width to be measured at the shoreline and the 75' setback. She indicated the Planning Commission was asked to consider the combination of zones 75 -250' and 250 -500' with regard to hardcover to compensate for the excess hardcover within the platted corridor. The application was denied based upon the excess of hardcover within the 250 -500' zone. Gronberg suggested the recent Lund application was very similar in that there was an overage of hardcover within one zone and a shortage 1n another, and Council was asked to consider the property as a whole. He suggested the platted corridor be maintained at 27' wide, but the paved surface be reduced to 8' wide, thereby maintaining the allowed 30% in that zone. However, this would create an undesirable looking lot. McCarthy noted the 2 -way travelled road currently used 1n the Shore Hills neighborhood is reduced to 10' wide in some areas. Goetten felt the subdivision should meet the 1 acre standard exclusive of the roadway area. Kelley stated he is not in favor of the subdivision, but if it • meets all the standards, he would vote for it. Goetten felt if they were creating an unsafe drive, that would be grounds to deny the application. She stated the Lund application was dissimilar due to the size of the property. 8 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 14, 1993 ZONING FILE #1825 — CONT. Mabusth indicated by including the drive in the total hardcover calculation, they would limit development closer to the lake. Mayor Callahan noted this is the first variance request before the Council to the new shoreland regulations and suggested tabling until a full Council is present. It was moved by Mayor Callahan, seconded by Goetten, to table Application #1825 for Thomas McCarthy, 2490 Old Beach Road, until all members of the Council are present. Ayes 3, nays 0. Gronberg asked Council for direction regarding the width of the drive. Mayor Callahan said he would prefer to see the application vanish, but if it were to proceed would like to see the drive at a width • sufficient for emergency vehicles. ( #9) #1826 ROBERT & ANN HENSON, 2166 SHADYWOOD ROAD - VARIANCES Mr. and Mrs. Henson were present. Mabusth explained the applicants propose an attached garage and associated drive to the rear of the residence, an 8x25' lakeside deck (a portion of which is within the 0 -75' zone and encroaches the average lakeshore setback), in exchange for the removal of the tennis court, brick patio, walkway under an overhang, and a storage shed area. The deck has been reduced per the Planning Commission suggesting, however, the application was still denied. Since that meeting, she said she has discussed the drainage issue with the Planning Commission Chair explaining the catch basin leading to the t I to the drainageway. Staff had hoped a storm water treatment facility could be incorporated, however, the City Engineer has cautioned against as there is very little land available. The County has advised there is no sediment control devise within the catch basin, and staff feels this device should be incorporated during the construction of the drive. The Hensons are willing to dedicate a 5' easement along the north property line. Mr. Henson said he understood the sediment control would not be effective, and that is why they would be willing to dedicate the is drainage easement in anticipation of the installation of storm sewer. Kelley expressed concern about the addition of another garage on the property. 0 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 14, 1993 ZONING FILE #1826 - CONT. Goetten stated she appreciates the size of the proposed hardcover removal and the fact that they need additional storage. She said in the past she has been very strict enforcing the 0% hardcover in the 0 -75' zone, but because of the vast benefit derived from the removal of the tennis court, would be willing to allow the lakeside deck. A neighbor presented the Council with a petition in support of the variance and stated he felt the removal of the tennis court would be an improvement in appearance and drainage in the area. Kelley pointed out a two car garage currently exists on the property and the proposed garage, the owners would have four stalls. He suggested they consider the removal of the existing garage. • Mr. Henson stated they have ruled out the removal of the existing garage because of the following: it provides privacy from the County road, they have three vehicles, with the removal of the existing storage shed they will need additional storage space, and it would be very expensive to remove the garage as it has a very thick concrete base. Mayor Callahan questioned what they currently use for storage. Mr. Henson answered the shed proposed to be removed is used for storage, and the tennis court is used for parking of their vehicles and boat in the winter. He added the house does not have a basement for additional storage. Kelley noted upon approval of other similar applications, it has been the City's experience that properties tend to accumulate additional items. Mrs. Henson stated the existing garage was built in 1978, and is maintained in perfect condition. Mr. Henson said they have lived on the property for nine years and can assure the Council they are not junk collectors. He added, if they are forced to remove the existing garage, they will not pursue the project. • Mayor Callahan questioned if the application would be allowed if the applicants were not proposing the removal of the tennis court. Goetten stated it would have to be considered on its own merits. 10 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 14, 1993 ZONING FILE #1826 — CONT. Hurr questioned the location of the drive. Mr. Henson stated the drive will be located on the north lot line as access off the County road is already provided at this location. Kelley questioned the width of the drive and asked if it could be reduced. Mr. Henson replied it will be 10' wide and anything less would not be adequate for emergency vehicles. Hurr questioned whether the bituminous would be removed around the existing garage. Mrs. Henson stated it would remain. • Kelley indicated he sees no hardship for the granting of the variance in the 0 -75' zone. He added he would be willing to approve stairs to the lake as they have done in other applications. Mr. Henson stated their lawn is very wet and soft and they need support for seating. Charles Schroeder asked the applicant if he has considered the possibility of a smaller garage. Mr. Henson stated because of the location of the existing garage, they need a two stall garage near the house. It was moved by Goetten, seconded by Hurr, to approve Application #1826 for Robert and Ann Henson, 2166 Shadywood Road, approving lot coverage, setback, and hardcover variances to permit the construction an attached garage and smaller lakeside deck, subject to the hardcover removals listed in the application. Mayor Callahan suggested they discuss the drainageway. Mabusth noted staff has recommended a 5' wide drainage and access easement along the north lot line. Kelley suggested the applicants submit a grading plan to the City for review. is Hurr asked if the drive will be located over the easement. 11 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 14, 1993 ZONING FILE #1826 — CONT. Mr. Henson noted it could be moved to the south to avoid the easement, except at the entrance. Goetten amended her motion, Hurr seconded, requiring the applicants to dedicate a 5' wide drainage and access easement over the north lot line. Mayor Callahan asked if the concrete wall along the County road would be removed. Mr. Henson noted that is needed to support the existing garage. Vote: ayes 4, nays 0. Mayor Callahan recessed the meeting from 9:00 to 9:11 p.m. • ( #10) #1827 RICHARD HENRY NELSON, 3908 CHERRY AVENUE - VARIANCES - RESOLUTION #3289 Mrs. Nelson and Don Bonickson were present. Mabusth explained the residence is located completely in front of the average lakeshore setback and one half is within the 0 -75' zone. The applicant proposes a new roof, an expansion of the existing building envelope, an addition to the rear with a grade - level deck, and a slight roof extension over the existing lakeside deck. The applicant currently proposes the removal of 480 square feet of rock underlain with plastic, a walkway on the west side of the property, and a concrete pad. The Planning Commission recommended approval subject to the removals. Mrs. Nelson reported they suffer from severe water problems and the Planning Commission recommended a grading plan, which they intend to do. Kelley asked if the area of plastic to be removed will be replaced with sod. Mrs. Nelson indicated that is probably what they would plant in that area. is Hurr expressed concern over the addition within the 0 -75' zone. Mabusth explained it is a 4' overhang over an existing deck, which is considered an intensification. 12 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 14, 1993 ZONING FILE #1827 - CONT. Bonickson explained the reason for the overhang is to carry the roof design throughout the residence. Kelley noted aesthetics are not a viable hardship for variance approval. Hurr said she f -inds little credibility with removal of non- structural hardcover for structure. She asked if the plastic could be removed under the other rocked area. Mrs. Nelson explained that plastic is necessary to prevent water seeping into the house. Goetten questioned the elevation of the property. IS Mrs. Nelson replied the lot slopes from the rear to the lake. Hurr asked if the concrete patio could be removed or reduced. Mrs. Nelson stated the area was essential. Hurr reiterated that they must be consistent with past decisions on other properties. It was moved by Goetten, seconded by Mayor Callahan, to adopt Resolution #3289 approving Application #1827 for Richard Nelson, 3908 Cherry Avenue, for variances to permit the construction of a new roof and 1 7x1 2 roofed deck addition to the rear of the existing residence, with the additional condition that the rock landscape area underlain with plastic in the lakeshore yard be replaced with sod. Ayes 3, nays 1. Hurr voted nay. ( #11) ORDINANCE AMENDMENT CHAPTER 5.42 Gaffron explained past policies related to controls of marina licenses. Recently it has been suggested and the Lake Use Committee has come to some conclusion that if the B -2 Code were revised, the licensing process should be a very simple annual process, and they should deal with issues through the B -2 Code. Staff's position is that is fine and will be very functionalif the B -2 Code addresses all the concerns and issues that come forth from time to time, such • as traffic control, aesthetics, passive and active control, and environmental control. 13 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 14, 1993 ORDINANCE AMENDMENT - CONT. The drafted ordinance would separate business license from joint use licenses, includes a short list of business use standards that first of all suggests that businesses be required to adhere to the B -2 requirements, but not make that a condition of licensing, require proper insurance, and require them to notify the City of any change in business or use of the property. The proposed ordinance does not require that marinas show that they are in compliance with the B -2 standards prior to licensing (none can meet those standards anyway), does not address boat length, dock, density or any other zoning issues, and it does not establish standards for information to be collected with the license application, or conditions of the license. Currently there is nothing in the code that requires the business to upgrade property until an improvement is initiated. Mayor Callahan felt they should issue the licenses, which should • contain a provision to revoke based on unwanted activities or if found to be non - conforming with the B -2 section. He agreed businesses should be required to file a new site plan with any changes, and felt staff should have the authority to approve subject to the owner having the right to appeal to the Council. Hurr asked how they would regulate hours of operation. Mayor Callahan felt they should also include a provision in the license that if it is revoked, the business is ineligible for another license for 12 months. Hurr asked if they intend to force a marina to cease operations if license is revoked. Mayor Callahan said they should begin the process with the assumption that the business will comply, and if not, the license will be revoked. Goetten noted the licensing process has not worked in the past, but she is willing to try something new. Kelley asked if the City licenses gas stations or grocery stores. He clarified that they are licensing a specific industry and felt this to be over regulation in some cases. • Gaffron clarified that other business zones, such as B -1, B -3, etc., do not have many of the restrictions that apply to the B -2 zone. 14 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 14, 1993 ORDINANCE AMENDMENT - CONT. Mayor Callahan noted that the hours of operation for other business do not disturb the surrounding neighborhood, unlike marinas. He felt staff should collect the information on the license that they deem appropriate and necessary. Hurr questioned if they do not count boats, how they intend to control parking. Gaffron stated it would be impossible. He asked what the Council perceives as the magnitude of the problem from the public's standpoint. Goetten replied they rarely hear any comments. Hurr felt the City was trying to regulate businesses differently. • Mayor Callahan stated he felt the business should be required to have enough parking for customers. Gaffron noted most streets near marinas are posted "no parking ". Mayor Callahan said he felt it was unfair that at public landings people were allowed to park anywhere while marinas are required to establish parking areas. He said if it is felt that a business does not have adequate parking, that can be adjusted. He stated he thought they had agreed not to count boats. Hurr stated she never agreed to that as the City would lose the ability to regulate parking. Mayor Callahan suggested they table consideration on the proposed ordinance and licenses until the next meeting. All agreed. ( * #12) 1993 JOINT USE DOCK LICENSE — FOREST ARMS ASSOCIATION — RESOLUTION #3290 It was moved by Goetten, seconded by Kelley, to adopt Resolution #3290 granting a 1993 joint Use Dock License to Forest Arms Improvement Association. Ayes 3, nays 0. ( #13) 1993 MARINA LICENSES • Mayor Callahan suggested they table consideration of this item. All agreed. 15 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 14, 1993 ( #14) 300 TONKA AVENUE - CONCEPTUAL REQUEST FOR SUBDIVISION /DROP UNIT Dave Christensen was present. Gaffron explained the applicant and his neighbor propose the vacation of Hill Street and splitting of 2 vacant lots, to be combined with their respective properties. They also request that the sewer unit for the vacant lots be dropped. All members agreed the concept is a good idea. MAYOR /COUNCIL REPORT A) Hurr reported she has been working with Marge Gasch on amenities for the new City Hall. A banner is proposed made out of fabric to hang above the entrance in the Administration building, and the Historical Society is arranging pictures to be hung. There has been • discussion regarding on -going displays from either the schools or Art Center. They have discussed using the brick wall in the Council Chambers for name plates to honor Mayors of the City and citizens. It is hoped some of the items wi I I be in place for the open house. Kelley said he thought the ideas were great and did not have the time to dedicate to make them happen, but trusted Hurr to use her discretion. Hurr asked that staff arrange for a fire truck and police car to be available for children to view at the open house. B) Goetten reported she and Hurr attended the League of Minnesota Cities' conference in St. Cloud, at which she also gave a presentation regarding the process they went through obtaining the City Hall. The subject was controversial issues. C) Kelley reported he and Moorse met with representatives of the Fire Department to go over the budget. He explained a large portion of the budget goes to the firemen for making calls, but that pay is based on the number of calls made, which fluctuates. Historically, if the amount budgeted was inadequate, Long Lake would pay the difference until the following year. They have discussed ways in which Orono could help offset this unbalance. Moorse is working on a draft of the 1994 fire service contract, to be reviewed early July. • 16 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 14, 1993 MAYOR /COUNCIL REPORT - CONT. D) Kelley reported he spoke with a neighbor wishing to put an addition on to his house, but because he is within 1,000 feet of French Lake, must have a conforming septic system. This person's system was found to be non - conforming but is still functional, and must now upgrade his system prior to being allowed the addition, which is a financial hardship. Kelley felt the City will be faced with many issues as such in the coming future and should establish guidelines or policies. E) Kelley reported he went on the Park Commission's park tour at which they witnessed the flooding of a tee ball field at Hackberry Park due to leaking tiling system. He suggested this leak be repaired immediately. Gerhardson explained originally the leak was to be repaired during a larger drainage project, but it has been determined the leak • should be repaired immediately. Goetten reported during the repair of the railroad line in her neighborhood, workers on that line collapsed the drain tiling in the area in several places. The problem was resolved by a neighbor, but Goetten felt the City should contact the railroad to let them know of the potential damages they cause. Mayor Callahan suggested staff draft a letter to the railroad. CITY ENGINEER'S REPORT ( #15) BIKE /HIKE PROGRESS REPORT Kelley noted as the trail leaves Baker Park it runs along a City street, Starkey Road. He asked if those residents have been informed of the plans. He expressed concern that many bikers and /or roller bladers would be riding on a neighborhood street and it may not be safe. Hurr noted Hennepin Parks have the first option to acquire all these properties in the future. Mayor Callahan said the Hennepin Parks considers this their trail and has announced they will decide allowed uses. Cook reported they have discussed with the property owners the • plantings along the trail between Highway 12 and Watertown Road. Hennepin Parks has agreed to replace the plantings, but with only approximately one -half of what owners expect. He reviewed the cost if plantings are replaced as the owners desire. 17 • • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 14, 1993 BIKE /HIKE PROGRESS REPORT - CONT. Mayor Callahan pointed out the City is not obligated to replace any of the plantings because they are on public right -of -way. Hurr agreed and noted she is willing to replant something, but not what the owners expect. Kelley stated this 1s exactly what he thought would happen, and did not feel that is the right thing to do. He stated they should replace the screening as it stands. He added, the trail should be similar to that along Willow Drive, and does not need to be 8' wide. He asked if the City has contacted the owner of the property north of Watertown Road. Cook stated they have discussed the plan with him. Kelley reiterated Hennepin Parks has agreed to replace the plantings with their stock. Mayor Callahan agreed, but added Hennepin Parks has an idea of what they are willing to provide, and they believe it would be best to replace the plantings with similar plantings, and do not believe spruce plantings would do well in this area. He reminded them that Hennepin Parks has not signed the amended agreement. Essentially, the City is leasing the trail area to Hennepin Parks to use as a regional park. The people in charge of the plantings want to do as the City wishes, but it still is considered a regional trail. He directed staff to send a copy of the agreement to all Council members. He added, Council needs to assess whether they wish to proceed with the trail at all. Hurr stated she is still in favor of the trail, and if there is a question about continuing the process, they should invite the Park Commission to be heard. Mayor Callahan reiterated that all members are 1n favor of the trail, but circumstances may prevent it from happening. Kelley stressed the need to fulfill promises made to homeowners. Mayor Callahan stated the City cannot make any decision regarding the plantings until they know what help they will receive from Hennepin Parks. He felt they should not even be discussing the • project with homeowners at this time. He directed staff to discuss with Hennepin Parks what possible plantings are available. Hurr asked when the bids will be released. 18 r L_ • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 14, 1993 BIKE /HIKE PROGRESS REPORT - CONT. Cook reported on June 18th. Hurr stated the Council needs some understanding by the next meeting, and suggested staff also contact the Hennepin Parks Commissioner representing this area. Moorse reiterated Hennepin Parks believes this to be a part of their regional trail system and not the City's trail, and needs to be operated consistently as such. Goetten noted all members felt this to be a City trail until Mayor Callahan met with Hennepin Parks and discovered their position on the trail. Hurr stated she is not sure the City should be "part- owner" of the trail. CITY ADMINISTRATOR'S REPORT ( #16) GOOSE RELOCATION PROGRAM Moorse reported he has taken a survey of surrounding communities regarding their response to such issues. Most cities have a policy to pay for programs if on public property, but private citizens must pay if on private property. The City of Plymouth has recently initiated a program whereby payment is based on the number of complaints in a certain area, not the status of ownership. He said the question here is whether the program benefits other areas of the City and should be considered a service. Ray Hartman, resident of the Pheasant Lawn area, asked who the government should service and why are they obligated to do so. He felt the area benefitting from the program is much larger than the immediate Pheasant Lawn area. He felt the geese should be treated as a nuisance and should be the responsibility of the City to help eliminate. He reported the geese are gathered on both sides of the bridge and collected while on the water. There are only two other areas in the metro area that surpass the Pheasant Lawn area in numbers of geese collected. Out of 1,000 geese collected last year, 200 came from the Pheasant Lawn area. He felt a small neighborhood was subsidizing the removal of geese for all surrounding residents. He said if they were not collected at all, the residents would • experience a much larger problem. He stated the City should consider additional participation and additional pick up sites in the City. 19 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 14, 1993 GOOSE RELOCATION PROGRAM — CONT. Hurr stated geese in her area also keep her up in the evening, but if she wanted to get rid of them, she would be willing to pay for the removal. She questioned whether Hartman felt they should subsidize all other requests the same, i.e. if Woodhiil Country Club requested similar support. Kelley said he lives on a private road where the homeowners must pay for snow removal. Many times they have asked the City to take over the road and the expense of the snow removal, but to no avail. He felt this was the same concept. Hurr said before she could approve this funding, the City would have to look at reimbursing all taxpayers equally for the removal of nuisances. Mayor Callahan reported the first year when the program was carried • out in another bay, many residents called to complain as they did not wish to see the geese removed. He said it appears that the program is not universally desired, and it appears that the program is not really helping to control the geese. Hartman reported the Pheasant Lawn area has many small children who cannot even play in their yards because of the goose droppings. He felt there was benefit in the program. Kelley stated swan decoys in the area may.help to deter the geese from using this area. Hartman noted they have tried this and many other remedies, but to no avail. Kelley noted the government cannot be asked to solve all homeowners problems. Hartman indicated they are very restricted in how they can solve the problem. Goetten urged him to contact the LMCD for support. Moorse suggested the Pheasant Lawn residents ask surrounding residents to help pay for the program. is Hartman asked if notice could be printed in the next City newsletter. Hurr felt that would be endorsing the program and was not in favor. 20 C] MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 14, 1993 GOOSE RELOCATION PROGRAM - CONT. Mayor Callahan suggested he also contact the LOLMA. Goetten asked that the City be kept informed of the progress. ( * #17) 1992 GENERAL FUND BUDGET YEAR END SUMMARY & ADJUSTMENTS It was moved by Goetten, seconded by Kelley, to approve the 1992 General Fund Budget Year End Summary and Adjustments. Ayes 3, nays 0. ( #18) ADJUSTMENT TO RECORDER'S CONTRACT Hurr expressed concern about discussing a personnel matter at an open meeting. It was moved by Mayor Callahan, seconded by Hurr, to table • discussion to the work session to be held June 16th. Ayes 4, nays 0. • ( #19) LMCD 1994 BUDGET Mayor Callahan said it is intolerable that the LMCD exists, much less that they have increased the rates. Hurr reported the LMCD is discussing making the rates more equitable. Mayor Callahan directed staff to draft a letter to the LMCD expressing Orono's views. Hurr stressed need to maintain funding for environmental issues as the lake is Orono's greatest asset. ( #20) CITY OF INDEPENDENCE - COMP PLAN AMENDMENT Gaffron explained the letter drafted states, "we support the amendment as long as it does not require upgrading of interceptor capacity downstream of Maple Plain through Orono % All members agreed to the wording and directed the Mayor to sign and staff to send the letter. 21 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 14, 1993 ( * #21) ABOVE GROUND FUEL STORAGE TANKS — ORDINANCE #116, SECOND SERIES It was moved by Goetten, seconded by Kelley, to adopt Ordinance #116, Second Series, amending Ordinance #9.34 adopted April 1, 1984, and entitled "Fire Protection and Prevention ". Ayes 3, nays 0. ( * #22) PROCLAMATION LESTER KELLEY - RESOLUTION #3291 It was moved by Goetten, seconded by Kelley, to adopt Resolution #3291 dedicating Kelley Parkway in memory of Les Kelley. Ayes 3, nays 0. ( * #23) PROCLAMATION WINTON BURMASTER - RESOLUTION #3292 It was moved by Goetten, seconded by Kelley, to adopt Resolution #3292 dedicating the Orono Police facility to the memory of Winton • Burmaster. Ayes 3, nays 0. ( * #24) GREGG PALMER STEP INCREASE It was moved by Goetten, seconded by Kelley, to approve the adjustment to Gregg Palmer's salary to Step 4, Level 5 of the Compensation Plan effective May 21, 1993. Ayes 3, nays 0. ( * #25) LICENSES It was moved by Goetten, seconded by Kelley, to approve the following licenses: Septic System Installers: D.S. Enterprise Fuhr Trenching Raffle Permit - Methodist Hospital Foundation at the home of H. Kahler July 30, 1993 Special Event - Gear West Duathlon Orono High School June 20, 1993 Ayes 3, nays 0. ( * #26) BILLS It was moved by Goetten, seconded by Kelley, to approve payment of the All Funds Account. Ayes 3, nay 0. 22 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 14, 1993 ADJOURNMENT Mayor Callahan adjourned the regular Orono City Council meeting at 11:50 a.m. allin, City Clerk is Pi Edward J. CplaF n, Jr., Mayo 23