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HomeMy WebLinkAbout06-28-1993 Council MinutesMINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 28, 1993 ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Councilmembers J. Diann Goetten, Charles Kelley, JoEllen Hurr and Gabriel Jabbour. 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. Candace Row Iette represented the Planning Commission. Susan Wilson and L i I i McMillan represented the Park Commission. Mayor Callahan called the meeting to order at 7:50 P.M. PRESENTATION TO MARY BUTLER Mayor Callahan presented Mary Butler a plaque expressing the City's appreciation for past service. • ( #1) CONSENT AGENDA Kelley removed Item #15. • Mayor Callahan added Item #8 and removed Item #16. It was moved by Jabbour, seconded by Mayor Callahan, 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) APPROVAL OF MINUTES It was moved by Jabbour, seconded by Mayor Callahan, to approve the minutes of the regular Council meeting held June 14, 1993. Ayes 5, nays 0. PARK COMMISSION COMMENTS Susan Wilson requested the Council to consider acceptance of the Lowry Woods nature preserve from the Nature Conservancy to maintain as a natural area and not be developed. Hurr suggested they hold a public hearing to get input from the neighbors. 1 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD.JUNE 28, 1993 LAKE MINNETONKA CONSERVATION DISTRICT Hurr reported the LMCD adopted the proposed budget at their meeting on Wednesday. They did reduce the amount in their reserve fund to 6 months operating expenses, and the rates will increase to cities. PLANNING COMMISSION COMMENTS There were no comments. PUBLIC COMMENTS There were no comments. ( * #3) #1734 JOHN BURGER, 3750 BAYSIDE ROAD - FINAL SUBDIVISION - RESOLUTION #3294 It was moved by Jabbour, seconded by Mayor Callahan, to adopt Resolution #3294 for Application #1734 for John Burger, 3750 • Bayside Road, approving final subdivision. Ayes 5, nays 0. ( #4) #1811 C. JACK REMIEN, 3237 CASCO CIRCLE - VARIANCE Mr. Remien was present. Mayor Callahan referred to a letter from Gary Nasiedlek, the only new item since the last meeting. It was moved by Hurr, seconded by Goetten, to approve Application #1811 for C. Jack Remien, 3237 Casco Circle, for lot area and lot width variances to construct a new residence. Jabbour apologized for not attending the last meeting. He reviewed approximately 5 years ago the Council changed the policy regarding lots owned in common ownership. He stated he personally does not want higher density, but also does not want to force people to develop lots so they do not lose the right to do so. Mayor Callahan clarified that Mr. Nasiedlek's letter infers that if the lot belonged to anyone else but Remien, it could be built upon with variance approval. Mabusth stated that the rights of someone else are no different than Mr. Remien's with respect to this lot. Both would need variance approval to develop. She stated the policy change intended • that ownership of lots not be considered with regard to development of a property. 2 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 28, 1993 ZONING FILE #1811 - CONT. Vote: Ayes 3, nays 2. Mayor Callahan and Kelley voted nay. Motion carried. ( #5) #1825 THOMAS L. MCCARTHY, 2490 OLD BEACH ROAD - PRELIMINARY SUBDIVISION Thomas McCarthy and Mark Gronberg were present. Mabusth referred to a plat map of the area indicating only one other lot large enough to possible be subdivided. She reminded them of the Hepp application, in the same neighborhood, which was denied because of an existing easement area that had to be deducted from the total acreage. The new shore land regulations allow for flag lots to be developed. The applicant is now proposing a 9.6' wide drive in the 250 -500' zone meeting the allowed 30% hardcover. Jabbour questioned whether the drive would be wide enough for • emergency vehicles. Mayor Callahan clarified that the shore land regulations were an overlay of existing ordinances, and therefore the flag lot could still not be approved. Gaffron explained with the adoption of the new ordinance, the definition of measuring lot width was changed for the entire chapter. Cook noted the road is only necessary to.be wider for emergency vehicles. He stated the road could easily be widened in the future even if approved at the narrower width. Hurr questioned the minimum standards for a private road. Gaffron replied a private road is required to be 28' wide when serving 7 or more residences. Mabusth stated there are parts of Shorehills Road that are only 10 1/2' wide. Gronberg stated the Long Lake Fire Department has indicated most trucks measure 7.8' across the wheel base, and the largest truck they have is 8.1'. • Jabbour felt they were obligated to consider public safety. 3 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 28, 1993 ZONING FILE #1825 - CONT. Dan Sad Iack, 2409 Old Beach Road, stated during the Planning Commission a petition of opposition was presented expressing concerns for environment, aethestic, and safety on the single lane. Mayor Callahan noted the objections raised at the Planning Commission were valid, but added if the applicant meets all the rules and regulations of the City, they are required to approve the application. Hurr felt there should only be one curb cut allowed for the property and should be on an outlot. Kathleen Ronald, 2480 Old Beach Road, stated they purchased their property because it was a two acre parcel with privacy. Because of the elevation of the McCarthy property and the addition of a new residence, that privacy will be lost. Paul Anderson, 2530 Old Beach Road, asked the required cul -de -sac • radius. Mabusth indicated a cul -de -sac is required to have a 100' platted right -of -way diameter and 80' paved width. The turnaround currently located at the end of the street does not meet the standards, but the right -of -way is available. Staunton stated the code indicates it is the obligation of the developer to bring the road up to standard. Jabbour reminded the public that the applicant is not requesting any variances with the most recent proposal. David Schneider, 2540 Old Beach Road, expressed opposition to the proposal. Jabbour noted if the application meets all standards, regardless of the affect it will have on aesthetics, they must approve. Hurr indicated the City Engineer suggested only one curb cut for the property because of safety reasons, and she felt they should listen to his recommendation. It was moved by Hurr, seconded by Goetten, to deny Application #1825 for Thomas L. McCarthy, 2490 Old Beach Road, for a preliminary subdivision because they felt there should only be one . curb cut for the property which does not leave enough acreage to subdivide, based upon the City Engineer's recommendation. 4 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 28, 1993 ZONING FILE #1825 - CONT. Gronberg asked if they would consider the application if the developer upgraded the road. McCarthy requested the application be tabled for 30 days: Hurr withdrew her motion, and Goetten withdrew her second. It was moved by Hurr, seconded by Goetten, to continue Application 01825 for Thomas L. McCarthy, 2490 Old Beach Road, to the July 26, 1993 meeting to allow the applicant time to revise his proposal. Ayes 5, nays 0. ( * #6) #1826 ROBERT & ANN HENSON, 2166 SHADYWOOD ROAD - VARIANCE - RESOLUTION #3295 It was moved by Jabbour, seconded by Mayor Callahan, to adopt Resolution #3295 for Application #1826 for Robert and Ann Henson, • 2166 Shadywood Road, approving variance for the construction of an attached garage and lakeside deck. Ayes 5, nays 0. ( #7) #1831 EDWARD ENGLER, 3450 BIRCH LANE - VARIANCE - RESOLUTION #3296 Mr. and Mrs. Engler were present. Mabusth explained the applicants propose the addition of a 10x20' lakeside addition to be placed over an existing patio, with the remainder of patio to be removed, and a 16x24' addition to the east side of the residence. Fourteen percent of the excessive hardcover in the 75 -250' zone is due to the asphalt drive which is used as a turnaround for Birch Lane and used by the City for snow storage. The Planning Commission requested an easement over the asphalt area, but the applicants did not wish to encumber the property with an easement. A condition of the approval resolution is that the City be allowed continued usage of this area, and the applicants have agreed to such. Staunton noted the condition of the resolution will not be binding to future owners. Hurr felt if this is being considered as a hardship for the granting of the variance, then they should require the easement. • Goetten objected as they have never required an easement in the past. 5 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 28, 1993 ZONING FILE #1831 - CONT. Staunton noted the City could deny any subsequent owners future improvements if the condition were not upheld. Gerhardson noted the City has been using the asphalt area for 27+ years without a problem. Kepley disagreed with the Planning Commission recommendation for approval as they are exchanging non- structural hardcover for structural hardcover. Mabusth agreed, but noted according to the applicants' contractor, the foundation could not support a second story Hurr noted one hardship stated is financial reasons. Mabusth said State Statute allows financial considerations as one of the hardships. It was moved by Jabbour, seconded by Mayor Callahan, to adopt • Resolution #3296 for Application #1831 for Edward Engler, 3450, Birch Lane, for variances to construct additions to his residence. Ayes 3, nays 1. Kelley voted nay and Hurr abstained. Motion carried. ( * #8) #1832 SCOTT A. MABUSTH, 740 BROWN ROAD NORTH - VARIANCE - RESOLUTION #3297 It was moved by Jabbour, seconded by Mayor Callahan, to adopt Resolution #3297 for Application #1832 for Scott Mabusth, 740 Brown Road North, for a variance to construct a shed in front of the front line of the principal residence. Ayes 5, nays 0. ( #9) #1838 ROBERT OWENS, 1700 BOHNS POINT ROAD - CONDITIONAL USE PERMIT - RESOLUTION #3298 Mr. Owens was present. Hurr questioned the hardcover percentages for the site. Mabusth responded that there will be an additional 82 s.f. of hardcover in-the 0 -75' zone because of the tiered walls. Hurr asked if this is the only way to repair the wall. • �-1 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 28, 1993 ZONING FILE #1838 - CONT. Mabusth replied this is the preferred design. She noted the Planning Commission requested screening of the concrete patio wall with vines. She added the slopes will be reduced to 3:1 making the area much easier to maintain. It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3298 for Application #1838 Robert Owens, 1700 Bohns Point Road, approving a conditional use permit to permit land alterations in excess of 100 cubic yards. Ayes 5, nays 0. ( #10) ORDINANCE AMENDMENT CHAPTER 5.42 - ORDINANCE #117, SECOND SERIES Gaffron referred to the draft ordinance presented in December 1992 which separates the joint use dock license from the marina licenses. He noted the addition of a suspension of the marina license in the ordinance allowing the City to remove the license • for a shorter period of time than an entire year. It would be considered a misdemeanor to operate without a license. • Staunton noted the City could build into its ordinance sanctions for the misdemeanor. Mayor Callahan stated it is as simple as no license, no operation ". Gaffron stated in the past Orono has been concerned that marinas do not make good neighbors. He referred to the list of permitted business uses included in the revised draft ordinance. He noted the license can be issued without meeting all the B -2 zone standards. Kelley felt some items on the list cannot be quantified. Gaffron replied that many of the standards included are directly from the existing B -2 standards. Jabbour asked if there has been input from marina owners. Gaffron noted that the marinas were notified of the proposed ordinance but he has not received any comments. Kelley asked if all marinas currently meet the 7 criteria set forth. 7 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 28, 1993 ORDINANCE AMENDMENT - CONT. Gaffron noted most meet the criteria, but things change frequently and they may not always meet all the operational criteria on a day - to -day or hour -to -hour basis. That is why it is important that marinas micro - manage their operations. Jabbour noted in the recent past marinas have gone out of their way to more fully comply. Gaffron concurred. He stated all the marinas have agreed to a site plan on file at the City, and they general 1:/ meet all the criteria. Jabbour stated they must realize that marinas exist and the City is not willing to go to court over this issue. He stated they must work with marinas to make them comply as often as possible. Hurr noted one condition of approval of the license is a current LMCD License. Mayor Callahan suggested they remove that condition. • It was moved by Mayor Callahan, seconded by Kelley, to adopt Ordinance #117, Second Series, Joint Use Dock and Marina Licensing, Section 5.42 -5.43, adding minimum operational standards and revocation clause and removing the condition of requiring the LMCD license. Ayes 3, nays 1. Hurr voted nay and Jabbour abstained. Motion carried. ( #11) 1993 MARINA LICENSES It was moved by Mayor Callahan, seconded by Kelley, to approve the 1993 marina licenses for the following: Windward Marina Minnetonka Boat Works Sailors World Lakeside Marina Gayles Marina Crystal Bay Service Ayes 3, nays 1. Hurr voted nay because staff could not assure her all the marinas meet the required criteria. Jabbour abstained. Motion carried. C] 8 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 28, 1993 ( * #12) 1993 JOINT USE DOCK LICENSE — NAVARRE COVE — RESOLUTION #3299 It was moved by Jabbour, seconded by Mayor Callahan, to adopt Resolution #3299 approving a 1993 annual Joint Use Dock License for Navarre Cove Homeowners Association. Ayes 5, nays 0. ( #13) ALAN NETTLES, 1940 SHORELINE DRIVE — SEWER REQUEST Mr. Nettles was present. Gaffron explained the Nettles property is adjacent to the Crystal Bay sewer project. The applicant requests permission to connect to the sewer as his septic system is failing. Gaffron said to do so the City must readjust the MUSA boundaries, and questioned whether the Council would like to consider other properties at the same time. The applicant also requests that the sewer connection charge be assessed to his property over 15 years_ He reminded them this is Lakeshore property. Mayor Callahan suggested inclusion of other properties with the request to extend the MUSA boundaries, such as the sewer plant property. Gaffron indicated there were other property owners near this residence who have inquired whether sewer could be extended to serve them. Mayor Callahan suggested staff research the possibilities and report back to Council. Jabbour recommended they go forward with the request to sewer Nettle's property. Kelley questioned whether the property would be reassessed if connected at this time and later sewer was installed in the area. Mayor Callahan suggested the City would be fair about the situation. Hurr suggested they request an easement across the property for future expansion of the sewer system. Shia asked that properties benefitting be required to pay the cost to realign the MUSA boundaries. She questioned the ability to subdivide this or other properties in the area. 0 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 28, 1993 1940 SHORELINE DRIVE - CONT. Gaffron stated this parcel could not be subdivided and he was unaware of any other in the area. He noted in the past the City has been able to uphold its requirement of larger parcels even in sewered areas. Jabbour asked the expected time frame'for a MUSA expansion. Gaffron stated the Metropolitan Council has indicated if the City is willing to do a trade -off of existing MUSA acreage, they could fast track the request and have approval within 4 to 6 weeks, otherwise it would be 90+ days for approval. He noted Noerenburg Park may be an option for a trade. Mayor Callahan suggested staff investigate whether a trade is available, and directed staff to review adjacent properties and others in the City for sewer expansion. Mayor Callahan recessed the meeting from 9:55 to 10:00 p.m. (*#14) SHORELAND ORDINANCE - DNR APPROVAL RECEIVED It was moved by Jabbour, seconded by Mayor_Callahan, to accept the information regarding the DNR approval of the Shoreland Ordinance as presented. Ayes 5, nays 0. ( #15) SHORELAND SEPTIC SYSTEM REQUIREMENTS Kelley questioned the number of properties affected by the shoreland regulations with regard to septic systems. He asked if variances will be allowed. Goetten noted she recently spoke with a resident, and indicated to him that the City may have some flexibility when requiring a system to conform. She felt it to be an undue hardship to require a property owner to immediately upgrade a non - conforming system. Gaffron explained most systems less than 10 years old most likely will not be affected. He noted out of 1,200 systems in the City, 600 probably will be required to be upgraded within the next few years, which is not a feasible number for staff to monitor or homeowners to comply with. He noted per the current septic program, owners have one year to comply if their system is found to be non- conforming. The DNR's ordinance suggests a 2 year grace period. Gaffron felt this may allow the City additional flexibility.. 10 • is 40 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 28, 1993 SHORELAND SEPTIC SYSTEM REQUIREMENTS - CONT. Mayor Callahan suggested they research the possibility of a program similar to sewer project financing whereby the public could borrow at a low rate for long periods for system repair /replacement. All members agreed with this suggestion. Goetten felt they should gather all pertinent information prior to holding an informational meeting. Gaffron explained under the current septic program, it will take three years to inspect every system and to do the necessary soil boring tests to confirm the separation. ( #16) KENNETH FIGGE, 2004 SUGARWOOD DRIVE - REQUEST TO VARY FROM COVENANTS REVIEW OF PLANNING COMMISSION ACTION It was moved is information Drive for a nays 0. is by Mayor Callahan, seconded by Jabbour, to accept the regarding the Kenneth Figge request for 2004 Sugarwood request to vary from covenants as presented. Ayes 5, MAYOR /COUNCIL REPORT A) Mayor Callahan reported both he and Todd Olson of Long Lake agreed they should press the mediator. Moorse reported he has talked with the mediator who indicated they are moving rapidly. B) Mayor Callahan noted Todd Olson also agreed that they need to do something regarding the intersection of Willow Drive and Highway 12 with regard to a signal light. C) Mayor Callahan referred to a letter from Minnetonka concerning ground water quality control, and suggested staff resend Orono's original response. D) Mayor Callahan noted the Metropolitan Council representative's for this areas term is up for reappointment. Goetten stated currently Mary Smith is the representative, and also a resident of Orono. 11 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 28, 1993 MAYOR /COUNCIL REPORT - CONT. E) Mayor Callahan referred to a Ietter from Mound regarding a signal light at County Roads 15 and 51. He suggested this matter to discussed by the County Road 15 Committee. F) Mayor Callahan noted the administrator is working with other cities on an agreement with the Metropolitan CouncPl to provide grants for technical assistant in researching a cooperative agreement. Moorse reported the next meeting will bs held at the City of Shorewood on Wednesday at 5:30 p.m. G) Hurr noted the second quarter payment is due the LMCD and requested the City decide if it is to be paid. Kelley suggested they pay the bill and discuss the strategy later. It was moved by Kelley, seconded by Goetten, to authorize payment • of the second quarter due the LMCD. There was no vote. H) Kelley reported the City Administrator will present the draft fire contract at the next meeting. I) Kelley inquired about the ball field at Hackberry. Gerhardson reported the pipe is in and the field is drying. J) Kelley suggested the crossing be marked for the Luce Line Trail at Willow Drive and Old Crystal Bay Road. Hurr felt if the crossing were marked, this would only encourage those using the trail not to be cautious. Mayor Callahan suggested they post signs._ K) Goetten reported Buckhorn Days was an enjoyable event. L) Goetten reported the next Highway 12 Task Force meeting will be held at the Norseman on July 15th. M) Kelley asked if the Old Crystal Bay Road bridge is scheduled for replacement this year, and felt it should not begin at this time as it is too near the opening of the school. • 12 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 28, 1993 POLICE CHIEF REPORT ( * #17) ACTIVITY SUMMARY COMPARISON 1991 -1992 It was moved by Jabbour, seconded by Mayor Callahan, to accept the information on the Activity Summary Comparison 1991 -1992 as presented. Ayes 5, nays 0. CITY ENGINEER'S REPORT ( #18) REQUEST FOR PAYMENT #6 - STUBBS BAY SANITARY SEWER. IMPROVEMENT It was moved by Mayor Callahan, seconded by Goetten, to approve Payment #6 to Progressive Contractors, Inc., for the Stubbs Bay sewer improvement in the amount of $77,011.11. Ayes 5, nays 0. ( #19) BIKE /HIKE TRAIL PROGRESS REPORT Lili McMillan reported the Park Commissior. has discussed the bids and the agreement and requests a work session with the Council. She • reported Hennepin Parks will provide a landscape plan by July 20th. The bids expire by the end of July. Kelley stated he was afraid their decision would be driven by the bids. He said he would not mind waiting another year. • Jabbour noted they can ask for a bid extension. Doug and Kim Hile stated they are still unaware of what is to happen on their property. Mayor Callahan explained that is because the City is waiting for a landscape plan from Hennepin Parks and cannot commit to any plan until that time. Jabbour suggested they share the landscape plan with the affected neighbors immediately upon receipt. Kelley reiterated the trail will go down a public street, Starkey Road, and the neighbors have not even been notified. A meeting was scheduled for Wednesday, July 21st at 7:45 a.m. ( #20) REVIEW OF BIDS - BIKE /HIKE TRAIL No action required. 13 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 28, 1993 CITY ADMINISTRATOR'S REPORT ( * #21) RECORDER'S CONTRACT ADJUSTMENT It was moved by Jabbour, seconded by Mayor Callahan, to approve a fee change for the recorder's contract as follows: $115.00 base fee per meeting for the first two hours, plus an additional $5.00 per 15 minutes thereafter, effective May 15, 1993. Ayes 5, nays 0. ( #22) ANIMAL CONTROL IMPOUND FACILITY Moorse explained Reo Raj Kennels will no longer be boarding dogs, but the City has worked out a program with Wright County Humane Society where by they would add onto their kennels and do the boarding. The City will be required to contribute $1,000 in the future for the expansion. The City will begin using the Humane Society as of July 1, 1993. It was moved by Mayor Callahan, seconded by Kelley, to approve the temporary use of Wright County Humane Society's facilities for the boarding of animals. Ayes 5, nays 0. • ( #23) DEMOLITION OF CITY BUILDINGS IN CRYSTAL BAY Callahan stated, "does $16,000 cover all the cost of the building and removing the tar, and all that stuff ?" Kelley said "no grass ". Gerhardson indicated "just the buildings themselves, and taking out the footings ". Moorse said "get rid of all the concrete footings and everything ". Callahan said "what happens with all the tar ?" Jabbour said "they are going to have to come back ". Goetten said "doesn't take care of the gasoline either ". Jabbour said "are you kidding? that's a 10 year project, I guarantee you ". Callahan stated "when are they going to take the tar out from around that is fenced in ?" • 14 U MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 28, 1993 DEMOLITION — CONT. Gerhardson noted "we will bring in a recycler that we would normally do if we were going to pave some road. We are going to do that anyway along the course of the summer during construction time. They just come in and grind it up and then haul it up here to our facility to stock pile for shoulder repair later on." Jabbour said "sounds good to me ". Kelley stated "when you rip all this out, what are we going to have left, just dirt ?" Gerhardson replied "yes ". Kelley asked "and are we going to seed it ?" Gerhardson replied "yes, the seeding is not in that amount, but I don't think we are talking $300 to seed something like that." • Hurr said "we're going to do that with our staff though." Gerhardson said "oh, yea." Jabbour asked "John, why aren't we burning the buildings ?" Gerhardson replied "I never really got a response from the Fire Department." Jabbour answered "josh, they do that for T_500 per residence." Kelley stated "one of those residences is awfully close to someone's house. I don't know which one it was, but.." Gerhardson said "there is also concern about lead paint and that was brought up particularly when we were going to grind up the rubbish and stuff." Kelley added "and the old City hall is all brick." Gerhardson said "yes." Hurr questioned "did you make a formal written request to Long Lake to respond to burning to it ?" is Gerhardson replied "just several phone calls." Hurr said "and they never returned your phone calls ?" 15 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 28, 1993 DEMOLITION - CONT. Jabbour stated "OK, if we are going to have to tear the brick building down, we might as well go for it." Hurr said "it is a good exercise to have a two story building like that, I should think that would have been a good fire exercise." Gerhardson said "the yellow house would have been the only one that could have been burnt where the gas pump is." Kelley said "isn't there a house close by ?" Gerhardson replied "and a very large tree, and we need to take the buildings out of there before we try to take out the gas tanks." It was moved by Hurr, seconded by Goetten, to approve the demolition of the City buildings per the memo. Ayes 5, nays 0. ( #24) LOWRY WOODS ACCEPTANCE FROM NATURE CONSERVANCY • It was moved by Mayor Callahan, seconded by Jabbour, to accept the Lowry Woods area from the Nature Conservancy. Hurr requested a public hearing be held prior to acceptance. Jabbour agreed a hearing should be held prior to the development of any trails within the area. Ayes 4, nays 1. Hurr voted nay. ( #25) LMCD USE OF LYDIARD BEACH FOR MILFOIL HARVESTING It was moved by Mayor Callahan, seconded by Jabbour, to approve the use of Lydiard Beach by the LMCD for miltoiI harvesting, and to close the beach from Wednesday to Friday, June 30 to July 2 from 7:30 a.m. to 5:00 p.m. Ayes 5, nays 0. ( #26) RECOMMENDATION FOR DISCIPLINARY ACTION It was moved by Hurr, seconded by Goetten, to approve staff's recommendation on this matter. Ayes 5, nays 0. • Irl • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 28, 1993 ( * #27) LICENSES It was moved by Jabbour, seconded by Mayor Callahan, to approve the following licenses: Special Event Application - Viking Bassmasters 10/3/93 - 6 a.m. - 3 p.m. Launch from North Arm Landing Site Evaluator /Designer License - Koch's Soil Testing Otto Associates, Inc. Residential Kennel License - L. James & Kathleen Marier Ann & Rod Crawford Ayes 5, nays 0. ( * #28) BILLS • It was moved by Jabbour, seconded by Mayor Callahan, to approve payment of the All Funds Account. Ayes 5, nay 0. ADJOURNMENT It was moved by Mayor Callahan, seconded by Kelley, to adjourn the regular meeting of the Council at 11:15 p.m. to executive session. Ayes 5, nays 0. ATTElST: thy 0 lal l irf, City Clerk 9 Edward J. CaI avian, Jr., MaKr 17