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HomeMy WebLinkAbout12-11-1995 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 11, 1995 • ROLL The Council met on the above date with the following members present: Mayor Edward J. Callahan, Jr., Council Members J. Diann Goetten, Gabriel Jabbour, and JoEllen Huff Charles Kelley was absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Public Works Director John Gerhardson, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Engineer Glenn Cook, City Finance Director Tom Kuehn, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 6:50 p.m. ( #1) TRUTH IN TAXATION FINAL HEARING - ADOPTION OF 1996 BUDGET AND TAX LEVY - 6:50 -7:05 P.M. - RESOLUTIONS #3646,3647,3648, AND 3649 Callahan asked and received no public comments regarding the resolutions. Callahan moved, Jabbour seconded, to adopt Resolution #3646 adopting the Final 1995 Tax Levy Collectible in 1996. Vote: Ayes 4, Nays 0. Callahan moved, Hurr seconded, to adopt Resolution #3647 approving the 1996 General Fund Budget. Vote: Ayes 4, Nays 0. • Callahan moved, Jabbour seconded, to adopt Resolution #3649 adopting the 1996 Special Revenue Funds Budgets. Vote: Ayes 4, brays 0. Callahan moved, Goetten seconded, to adopt Resolution 93648 to approve the 1996 Debt Service Budget. Vote: Ayes 4, Nays 0. ( #2) AWARD SALE OF BONDS - RESOLUTION #3650 Finance Director Tom Kuehn handed out information regarding the bond sale to the Council members. Moorse outlined the bond sale to refund two bonds issues. Carolyn Drude of Ehlers Associates was present and noted the excellent market for municipalities. The interest rates are now down and currently reflect the second lowest rates with February of 1994 being the low point. Drude commented that Moody Investments has maintained the City's rating of AAL There were 14 bidders from several large cities around the country with the best bid from Piner Jaffrav of a tnie rate of 4 115%, and a coiinon rate of 3 85- 4.15% on the bonds. 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 11, 199.5 ( 92 Award Sale of Bonds - Continued) • Drude reported that the original issue of the 1985 bond was at 8 -8.25% and the 1989 bond was at 6.25 - 6.60 %. Projected savings were estimated at $158,000 for future value with a present value of $139,000. Today's actual bid resulted in a savings of $189,022.50, future value, with a present value of $168,000. Drude said it cost the City $27,800 to obtain this savings, but the estimate had been $38,000. She noted that Piper Jaffray did not take much of a discount. Jabbour asked about call dates on the City facility bonds. Drude said she would check on this. Callahan said he was grateful for the service and excellent timing of the sale and voiced his appreciation to both Drude and City Staff. Drude said the resolution, drafted by Faegre Benson, establishes the fund for payment of the bonds and the promise to pay back. Callahan moved, Hurr seconded, to adopt Resolution #3650 awarding the sale of $1,910,000 General Obligation Refunding Bonds of 1995 to Piper Jaffray, Inc., at the price of $1,907,899.00, with a true interest rate of 4.115 %. Vote: Ayes 4, Nays 0. ( * #3) CONSENT AGENDA i Items 916, 19, 24, 28, 29, and 30 were added to the Consent Agenda. Jabbour moved, Goetten seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES ( * #4) REGULAR MEETING OF NOVEMBER 27, 1995 Jabbour moved, Goetten seconded, to approve the Minutes of the Regular City Council Meeting of November 27, 1995. Vote: Ayes 4, Nays 0. ( 45) TRUTH IN TAXATION HEARING OF NOVEMBER 29, 1995 Jabbour moved, Goetten seconded, to approve the Minutes of the Truth In Taxation Hearing of November 29, 1995. Vote: Ayes 4, Nays 0. 0 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 11, 1995 • PARK COMMISSION COMMENTS No member of the Park Commission was in attendance. 0 Moorse remarked that he had attended the Park Commission work session where park planning was discussed and will be writing a report on the results. PLANNING COMMISSION COMMENTS No member of the Planning Commission was present. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT ( #6) #2084 THOMAS R. MCCUNE, 1473 BAY RIDGE ROAD - VARIANCES - RESOLUTION #3651 The applicant was present. Gaffron reported that the application was for variances to the side setback and hardcover in the 75 -250' zone for property located in the LR -lA 2 acre zoning district. This area is not sewered but is in the "hot spot" area and has been petitioned for sewer by the 8 homeowners. The proposal is for two additions on the existing residence with an addition for a bedroom and attached garage, to replace the detached garage, located 14' from the north lot line. The proposal calls for the removal of the old driveway and addition of a new driveway to the new garage location. The proposed side setback is 10' at the northwest corner. This is common in this area and consistent with other homes in the neighborhood. The side setback standard is 30'. The deck is proposed to be enclosed with a sunroom at 27' from the south lot line, where the required side setback is 30'. Hardcover in the 75 -250' zone exists at 23.9% and is proposed at 26.7 %, where 25% is allowed. Gaffron noted that the garage addition on the north will minimize the hardcover in the 75 -250' zone. If the proposed wing was moved to meet the setback, it would not be consistent with the design of the house and would also add hardcover. The Planning Commission recommended approval. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 11, 1995 ( 96 - #2084 Thomas McCune - Continued) • Gaffron commented that since the Planning Commission meeting, Staff realized the septic system was non - conforming and subject to upgrade concurrent with any permits. Because of the likelihood that City sewer will be installed, the applicant would like to do the sunroom addition and remodel. The code calls for an upgraded septic. It was discussed that a letter of credit along with a septic agreement might be appropriate. A letter from the applicant noted that the time of year made septic testing impossible to perform. Staff believes that there is a probable location for septic and testing would not be critical. Staff would like a review before a new septic is installed. Gaffron asked the Council if they would accept the variances without septic testing being performed. Callahan asked if the letter of credit without testing can be arranged. Gaffron confirmed this and noted that this was brought up for consistency. Hurr asked if a different letter would be used for winter time. Gaffron said different wording would be required. Hurr said she had a concern with the hardcover over 25% with new construction. Hurr noted the other zones contained less than the allowable hardcover and questioned what would occur if the applicant proposed to add more structure at a future date within these other zones. Hun questioned if this was a package for the entire property. Gaffron said Staff was looking at it as a package but the code does not stipulate that. He asked the Council whether future proposals should be allowed. Jabbour said the combination of the proposal could determine what happens at a future date. He reported being concerned with clustering by the lake. Jabbour said if a 5 -10% variance was allowed, it should be decided whether the 250 -500' zone should lose that much in allowable structure. Hun concurred that it should be tied in together. Gaffron said he could amend the wording of the resolution to stipulate that the 30% allowed in the 250 -500' zone would be reduced by the square footage for the 75 -250' area that was over the allowable. Hurr asked that the resolution be amended to deduct the amount over the allowable. Callahan said he was concerned with approving the garage when the applicant does not plan on constructing the garage until the sewer comes to the property. He would like to see the applicant ask for approval when construction can be done. Jabbour said he would rather let the applicant make that choice, a mound system, hook up to sewer or the addition. Gaffron said the proposal is to for construction to occur when sewer becomes available. Jabbour commented on the letter of credit for the new septic. Gaffron agreed that this was the purpose of the letter, but the applicant did not plan on replacing the septic. 40 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 11, 1995 • ( #6 - 92084 Thomas McCune - Continued) The applicant said this was not discussed with the Planning Commission. It was his belief that the sewering would occur in the near future. McCune said the proposal for the two additions show what his overall plans are for the property, and now the plans are predicated on when sewering will occur. He asked that the resolution state that the additions could be constructed when either sewer or a conforming septic were in place. Goetten noted that the sewering of the area relies on a favorable decision by the Met Council. Callahan asked Jabbour if it was his desire that the draft of the letter of credit note that either septic or sewer occur. Gaffron noted that condition 93 refers to this request. Hun moved, Goetten seconded, to approve Resolution 93651 with amendments made to the resolution as noted that the additions could be constructed when sewer or a conforming septic were in place as noted in condition #3. Vote: Ayes 4, Nays 0. ( #7) #1958 LOUIS OBERHAUSER, 2405 DUNWOODY AVENUE, 3865 AND 3877 SHORELINE DRIVE - REPLAT - PRELIMINARY SUBDIVISION AND VARIANCES 0 The applicant was present. Mabusth reported that the application was for the preliminary subdivision of the replat of 3 substandard lots. Four structures have existed on the property with one having been removed. Lot 1 is 16,500 sT, and Lot 2 is 20,000 s.f. The lots do not meet the lot width standard nor the OHW or the 75' setback from the lakeshore. There is encroachment of the 0 -75' setback zone with a timber wall on Lot 2. A structural coverage variance would be required for the proposal for Lot 1 only at 15.16 %. Lot 2's structural coverage is proposed at 10 %. The garage is located at 20' from the street setback and is proposed at 10'. The existing detached garage encroaches into the right of way 6'. Mabusth informed the Council that the Planning Commission would not approve any new development plan with hardcover in the 0 -75' zone. The Commission saw no reason to retain any improvements in this area. The recommendation for approval was based on no hardcover in this 0 -75' zone. The Commission approved the 10' side setback but would not approve any structural coverage variance. The applicant was asked to adjust the lot line accordingly. The hardcover on Lot 1 in the 75 -250' zone is proposed from 59.07% to 36.03 %, a reduction of 20.03 %. Lot 2 hardcover in this same zone exists at 36.7 %, is proposed at 33.23 %, for a reduction of 449 s.f. or 3.5 %. The Planning Commission recommended approval of the proposed hardcover. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 11, 1995 ( #7 - #1958 Louis Oberhauser - Continued) • Mabusth reported on other issues for discusion. Both the County and City Engineer have advised that there be no access from Dunwoody but recommend a shared driveway. A new curb cut for the shared driveway is to meet the safety requirements and access from Shoreline Drive. There is also a municipal sewer line encroachment. The applicant is asked for an easement for this line along Shoreline Drive and the west lot line of lot 1. Hurr asked and received Mabusth's confirmation that it was Staffs preference that the preliminary plat and conditions of the plat be done now. Goetten said her concern was with the immediate removal of the structure on the property. She said she would look at the different options but would not allow any approval without the structure removal as it is a nuisance and a hazard, especially now with the recent snow fall. Goetten noted that 30 neighborhood people have petitioned for the removal of the structure, the structures have been an issue for years, and the neighbors deserve that this removal occur. Callahan commented to the applicant that the neighbors have been trying for quite some time to have this structure removed. He asked the applicant if the structure would be removed if the proposal was approved. Oberhauser said he was before the Council 4 years ago and received a denial to his S proposal. Oberhauser said if the Council would approve the plat and variances for reasonable structures on the small nonconforming lots, he would take the structure down immediately. Hurr asked if the applicant was referring to the variances recommended by the Planning Commission. Oberhauser said he was not. He said he would need the encroachment into the 0 -75' zone. Oberhauser said he would take out the existing hardcover in the 0 -75' zone and would show no net increase. The applicant also said that in realigning the lots, he would need to keep the same amount of lakeshore in each lot. Oberhauser said he would also need to bring the lot line over to accomodate the shared access, which would have an adverse affect on the hardcover and structure for Lot 1. Oberhauser said he would need . to place the access as far as he could from the Dunwoody /CoRd 15 access. Oberhauser also noted that he paid for 4 sewer /water assessments for 3 lots. He originally thought he would construct townhouses but found there was not enough land. The applicant said he would need the variances to gain the house people want. Callahan responded that the size of the land is as it is and can't be changed. Callahan noted the numerous times the application has been before the Council, and the Council's desire that the houses be taken down. 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 11, 1995 • ( #7 - #1958 Louis Oberhauser - Continued) Oberhauser said he would take the houses down on the adjacent lots but would be forced to leave the other houses there if no variance was approved. Jabbour informed Oberhauser that the City has never granted a setback variance to the 0- 75' zone since it became code, and there was no likelihood of it happening now. He asked the applicant if the Council and applicant could turn the situation into a win -win for both. Jabbour said he would not trade the setback requirement for new construction. He said it was his opinion that there was only room for one house and was probably even too small for that. Oberhauser said that the other houses in the area were the same way. Jabbour commented it was his desire to correct mistakes made in the past. Oberhauser said he might be able to accommodate the 0 -75' zone by obtaining a 5' side setback. Jabbour said he would be more inclined to look at that type of proposal. Hurr asked what size the house would be. Oberhauser said he thought the house would be about 2000 s.f., and said he was unsure whether it would be one or two stories when asked by Hurr. Hurr said she was present during the discussion of the proposal at the Planning Commission and would approve their recommendation but deny any more changes. • Callahan said that regardless of the proposed variances, it was the desire of the City to gain the removal of the structures. Oberhauser said if no approval was given, he would probably sell the 3 lots and fix up the one house. Is Jabbour said he was interested in moving the preliminary subdivision. He added that allowing a 5' encroachment into the right -of -way on Lot 1 with 0 structure or hardcover in the 0 -75' gives the applicant something to work with. Mabusth commented that the applicant had a valid point regarding the hardcover. The applicant would lose more area if the lot line was realigned, which would result in more excessive hardcover in the 75 -250' zone. Mabusth asked that final figures for structure and hardcover be given to Staff to allow for readjustments. Goetten asked Oberhauser if he agreed with the shared driveway and received confirmation of this from Oberhausen. Jabbour asked Oberhauser if approval was given for the 5' encroachment into the right - of -way and 0 structure in the 75' zone, if he would remove the structure within 10 -14 days. Oberhauser said he would not. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 11, 1995 ( #7 - #1958 Louis Oberhauser - Continued) 0 Mabusth noted that a renter is in one house and would need to be given a 30 day notice. Mabusth was asked if the final subdivision could be subject to the removal of the structure. Mabusth asked what if the final approval was one year away. Goetten suggested a time of 30 days for one structure removal and another in reasonable time and until final approval. Oberhauser said he would remove the two boarded up houses as soon as possible in January, but he wanted some assurance that the building envelope would be approved. Oberhauser agreed to move the proposed residence out of the 0 -75' zone but asked for structural hardcover variance as Lot 1 would be smaller than it is now. Hurr said she was not convinced that the shoreline for each lot needs to be equal. Oberhauser said it would make sense to have 75' of lakeshore. If this was not possible, he said he would leave the one house. Mabusth commented to Oberhauser that he would need a variance to remodel the house. Callahan said the City would like the buildings removed by final plat and suggested setting a deadline with a letter of credit posted by a certain date. Jabbour reiterated that the two lots would be exclusive of hardcover in the 0 -75' setback zone. An additional variance would be granted to the setback to a 5' from the road right - of -way with a lot area variance for lot 1 with the understanding that two buildings be eliminated within 30 days and the other within 90 days. Goetten said she would like the packet brought back before the Council. Jabbour asked that the letter of credit and developer's agreement be done immediately to expedite the matter. Callahan asked Mabusth if the applicant withdrew his application, does the City have any rights concerning the removal of the houses. Mabusth referred this to the City Attorney. Barrett said the nature of the hazard is demonstrated by the hazardous condition and would be allowed by count order after significant litigation. Callahan said that something must be done. He asked Barrett to suggest what is required but asked that court proceedings begin on January 30, 1996. Court proceedings will occur on that date unless the City has the letter of credit and the developer's agreement is signed. Hun asked if approval would be conceptual. Mabusth said yes as Staff would need to see the shared driveway plans and the building plans. i 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 11, 1995 • ( #7 - #1958 Louis Oberhauser - Continued) Callahan asked that the resolution be prepared by the January 8, 1996, meeting of the Council as answers will have been determined by that date. Hurr informed Oberhauser that he should be present at the meetings. Callahan requested and Oberhauser agreed to table the application to the January 8, 1996 meeting. Oberhauser reiterated that the Council would not agree to any hardcover in the 0 -75' zone, would be in favor of approving the 5' encroachment into the road right -of- way, rearrangement of the lot line, and a shared access. Hurr asked that the amount of hardcover be left open to be discussed. Mabusth said the letter of credit, developer's agreement and final figures would be available by the meeting for review. Oberhauser was asked to return these three items as listed to Staff by January 2, 1996. Hurr and Goetten asked that the whole package be presented. Callahan moved, Jabbour seconded, to table Application #1958 to the Council meeting of January 8, 1996. Vote: Ayes 4, Nays 0. ( #8) #2078 JENSEN HOMES, INC., 405 TONKAWA ROAD - PRELIMINARY SUBDIVISION Callahan moved, Jabbour seconded, to table Application #2078 to the January 8, 1996, meeting of the Council to allow the presence of the applicant. Vote: Ayes 3, Nays 0. (Hurr was absent during this agenda item.) (#9) #2065 MARFIELD/HILL/TOLES, 2425 -35 -55 SCOTCH PINE LANE: VACATION OF SCOTCH PINE LANE - RESOLUTION #3652 FINAL PLAT APPROVAL - RESOLUTION #3653 The Marfield's were in attendance. Callahan abstained from the discussion and motion on this agenda item at the last Council meeting and again abstained from both discussion and motions on these resolutions. Gaffron noted that the application involved two resolutions, one for the vacation of Scotch Pine Lane, and one for the replat of the Dicon addition. Conceptual approval was made of the road vacation and dedication of new drainage and utility easements. Gaffron reported that the applicants have completed all of the requirements. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 11, 1995 (#9 - #2065 Marfield/HilUToles - Continued) • Hurr moved, Goetten seconded, to adopt Resolution #3652 for the vacation of Scotch Pine Lane and Utility Easements in Dicon Addition. Vote: Ayes 3, Nays 0. (Callahan was not present for discussion or vote.) Hurr moved, Goetten seconded, to adopt Resolution #3653 for the replat of Dicon Addition for Final Plat Approval. Vote: Ayes 3, Nays 0. (Callahan was not present for discussion or vote.) ( #10) #2082 RICHARD STARK, 575 OXFORD ROAD: VACATION OF EASEMENT - RESOLUTION #3654 AFTER THE -FACT VARIANCE - RESOLUTION #3655 Mabusth noted that the property is located in the Stielow addition with an existing drainage easement. The applicant was not aware of the Conservation and Flowage Easement and did not know he was unable to remove trees located in the 0 -75' setback from the lake. Staff looked at the lakeshore yard and felt the original easement was too ambitious. The applicant was asked for a new wetland delineation. Gustafson reviewed and confirmed the new location, which is about half of the original size. Mabusth informed the Council that 10 trees had been removed in the 0 -75' setback zone. i Area deemed "A" is the land covered under the new conservation easement. 10 trees were removed in this area. "B" is the remaining area covered under the original Conservation and Flowage Easement. 12 trees were removed in this area. Mabusth noted that about half of the removed trees were dead or diseased. The trees were selectively removed as some were too near other trees. Mabusth reported that the Planning Commission asked for equal replacement. 5 trees will be replaced in area "A ", which is in the wetland delineation. No replanting will occur in "B ", which is not in the wetland area. Goetten asked that the replanted trees be appropriate to the area. Mabusth said the applicant originally was going to replant with evergreen and fruit trees. It was suggested that the landscaper determine the replacements suitable for the wetland area. Callahan was informed by the applicant that he had received the packet information and was in agreement with its findings. Jabbour moved, Goetten seconded, to adopt Resolution #3654 vacating original conservation easement and to adopt Resolution #3655 after- the -fact variance. Goetten received confirmation that a double fee for the after- the -fact variance was paid. Vote: Ayes 4, Nays 0. 10 f.� MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 11, 1995 • ( #11) #2083 BERNICE M. ZUMBUSCH, 1535 LONG LAKE BOULEVARD - VARIANCES - RESOLUTION #3656 The applicant was present. Mabusth reported that the application was for replacement of a lakeside deck located within the building envelope. The hardcover excesses were noted in the 0 -75' and 75- 250' setback zones. Hardcover exists in the 0 -75' zone at 16.29 %. The Planning Commission asked for directive review of specific areas where there is underlayment of plastic. The planter area by the deck was reviewed, found to be on flat ground, and would benefit from the removal of plastic. The patio area plastic will also be removed as well as the planter ift the southwest corner of the yard. The removal of plastic will result in reductions of 381 s.f., or 8 %, in the 0 -75' zone, and reduction from 87.35% to 83.7 %, based on the removal of 162 s.f of plastic, or 3.5% in the 75 -250' zone. Mabusth noted that no setback variances were required for the structure. Structure coverage exists at 20 %. The Planning Commission recommended approval. Hurr moved, Goetten seconded, to adopt Resolution #3656. Vote: Ayes 4, Nays 0. ( #12) #2085 MINNESOTA DEPARTMENT OF NATURAL RESOURCES, 3390 NORTH SHORE DRIVE - COMMERCIAL SITE PLAN REVIEW - • RESOLUTION #3657 0 Representatives, Larry Killien and Stan Linnell, of the DNR were present. Gaffron reported that the application was for the commercial site plan review. The resolution was to grant support for the approved Maxwell Bay access site plan. Hun commented having spoken with Jim Dunn, who said the access plan was occurring too quickly. Dunn was not in attendance at either the Planning Commission meeting where this topic was discussed nor at any of the Lake Use Committee meetings. Dunn has seen the plans and is concerned with security of his site. Hurr noted approval with continued review. Goetten commented that the docks were moved in response to concerns. Gaffron continued that the Planning Commission had reviewed the plan as well as 2 -3 years of review by the Lake Use Committee. The plan was originated back in October of 1991. The DNR plan to purchase the property to the east near Lakeside Marina was abandoned at the request of the City. The DNR spent two million dollars to purchase property to the west to include Gayle's Marina, a number of residences, and Crystal Bay Service. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 11, 1995 ( #12 - #2085 DNR - Continued) • The site plan calls for 80 car- trailer parking spaces, 15 car-only parking spaces, and 3 ramps located 200' west of Lakeside Marina. The DNR has provided stormwater plans and green buffer areas. A fishing pier with access will also be provided along with two - way exit and entrance to Tonkawa (none to CoRd 51). The road has been upgraded to include turn lanes. Gaffron reported that residents expressed their concerns at the Planning Commission meeting in regards to a stop sign exit on Tonkawa, which will be done. They were concerned with being notified of additional fuel contamination from the previous owner. The City informed the residents that they would be informed if any off -site contamination occurred. There are no plans to improve the "Boy Scout" bridge. As to the function of the turn lane and traffic awaiting to enter the access, cars will be able to bypass those vehicles. Another concern was over the amount of flow during peak rush hour traffic and speed of vehicles. The residents also were concerned with cross over traffic from Crystal Bay to Maxwell Bay by snowmobilers. This area might need posting if this becomes a problem. Residents also were concerned with fishing overflow being carried over to private docks. They were informed that this was out of the DNR's control but educational signage could aid this problem. Jabbour and Gaffron discussed a problem for a property owner to the west with people from North Arm using their dock at this time. A need was expressed to post the property • as private. Another concern was over the winter time use as ice fishermen use the access to the lake. The City is concerned with bubbling in the lake and traffic on the ice near this bubbling. Gaffron said the City's intent is to have the access closed in the winter months. He noted that no overnight parking is posted at North Arm access. The police now use the code relating to the no parking when problems arise. There are no gates. Jabbour asked how the access would be closed in winter. Gaffron said this would occur by not maintaining the access area. Hurr noted that there is a fishing village on the ice now, and the property is being used at this time by trucks. It was further noted that the trucks will plow the access themselves if they wished to use the access. Jabbour said he saw no problem with the parking but a plan should be made to ensure no winter access onto Maxwell Bay. Jabbour felt there is a need to find permanent barriers. Hurr suggested snow fencing. Jabbour suggested the City's use of driving two horseshoe posts. Stan Linnell of the DNR commented that there are gates on two other DNR sites where different concerns are being faced. A suggestion was possibly to place a roll-in dock across the ramp. Linnell said the DNR has not yet decided on the type of dock as they are considering floaters, but a solution for the problem could be determined. S 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 11, 1995 • ( #12 - #2085 DNR - Continued) Gaffron said this access plan was an opportunity to continue with a cooperative agreement between the City and the DNR. If the City wishes to maintain some type of control, the agreement can be used for a City partnership for maintainence or monitoring. Jabbour said he thought the City would be mowing for a fee. It was noted that a charge of $1 an acre for loss of revenue was all that DNR currently could pay legally toward loss of taxes. Gaffron commented that the draft approves the site plan and is open for a future cooperative agreement. The City urges the DNR to discuss stormwater management on the site with the Watershed District. Gaffron said the DNR will be using grass swales with skimmers and a possible stormwater pond, which is satisfactory to the City Engineer. The approval also suggests that the DNR not pursue additional access sites in Orono. The findings point to fact that Orono has made sufficient provisions for access with 5 marinas, swimming areas, and a landing in zone 1. Jabbour expressed his concern regarding zone 1. He noted Orono's disproportinate number of access points in comparison with neighboring cities. Jabbour said it should be made clear that other cities located on the lake need to participate in providing access points before any more are developed in Orono. Killien and Linnell both agreed. Linnell said the DNR is "not gone forever" but gone until the other 13 cities have shown Sparticipation. At Jabbour's request, Gaffron said the two areas regarding zone 1 in the agreement will be revised. Condition 93 of the agreement will read, "more than met obligation.", and stop at that point. Item #5 referring to maintenance and operation, it was noted that if no agreement was reached, the DNR would be in charge of the maintenance and operation. It was commented that regarding Item #6, the DNR will work with the City regarding approved landscaped. All parties involved, the DNR and City of Orono, are in expectation that a cooperative agreement will be reached. There were no public comments. Linnell said he agreed with Jabbour regarding the winter parking. He has already received several calls regarding this problem and people driving on the ice. Linnell realizes that there is no undue hardship to park in the access area. Jabbour reiterated that he did not wish for people to park on Maxwell Bay. Jabbour congratulated Goetten on her excellent performance as chair of the Lake Use Committee. He also noted the win -win type process the DNR was working under and expressed his gratitude to the DNR and Dennis Asmussen. Callahan agreed that the access project has been a cooperative effort. 13 MINU'T'ES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 11, 1995 ( #12 - #2085 DNR - Continued) • Regarding the problem with people using the docks of the neighboring properties, Linnell said this is an ongoing problem with people parking at North Arm and fishing off of these docks. He informed the neighbor that he is unable to put signs on the neighbor's property but will develop a sign to educate people on where they can fish. It is possible that an additional panel can be added to the kiosk for education, announcements, boat use, etc. Linnell said the neighbor was willing to work with the City and the DNR to rectify this problem. Goetten suggested adding such a sign at North Arm too. Jabbour commented that if there were enough fishing piers, there would not be this problem. Linnell said he hoped that people would discover they can fish at the access. Linnell reported that the access at North Arm is under the jurisdiction of the County. The DNR is working with the County on runoff correction as well as erosion problems. Linnell noted that additional green areas are needed at North Arm as well as a turf island. Linnell said a future possibility would be to remove 4 -6 car /trailer parking spaces to allow for improved shore fishing. Callahan asked if the access would be fenced. Linell said this was not in the plans. There will be curb and gutter on the south side by the highway. The lake side would use traffic control boulders. Callahan asked about the citizen's concern with the intersection of Tonkawa and CoRd • 51 and moving traffic to the right. He asked about the area by Lord Fletcher's and traffic moving to the left. Killeen said there was enough room to have the bypass improved and is working with the County on this. Linnell said the DNR has completed the initial survey for the County to provide knowledge of the right -of -way for traffic control planning. The DNR and County have looked at the turn lane into Tonkawa. Jabbour asked if there will be a minor berm between the access and CoRd 51. Killeen said it would be a depression with a raised up area at the corner. Regarding policing, Linnell said a conservation officer would be patroling the area. He noted that the County Sheriffs Office and local Police Department's also have jurisdiction. Linnell said he has committed to providing a parking space dedicated for police parking. Jabbour asked about the sale of the Straley property. Linnell said that two appraisals have been done but have not come up with a reasonable market value as of yet. When that is done, the property will be offered to the City and others in the proper order. Jabbour asked that the City be notified if others express interest in the property. is 14 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 11, 1995 ( #12 - #2085 DNR - Continued) Callahan moved, Jabb our seconded, to approve the commercial site plan review and Resolution #3657 with the condition changes and amendments as discussed. Vote: Ayes 3, Nays 0 (Hurr absented herself from the meeting during the discussion of this agenda item). Jabbour asked the DNR representatives to express his appreciation to Dennis Asmussen. ( #13) #2086 ROBERT AND JANICE CALLAN, 2915 SOMERSET LANE - CONDITIONAL USE PERMIT/VARIANCE The applicant, Robert Callan, and property owner, George Stickney, were present. Mabusth reported that the application was for a conditional use permit and variance to create a 6000 s.f. open water area within a designated wetland. The wetland is located on the City's wetland map and, on which, there is a covenant easement over the wetland. Mabusth said there is no direction or guideline in the ordinance for alternate wetlands. Ordinance 10.56 refers to the characteristics and preservation of such wetland areas. The Planning Commission reviewed the application and voted 3/2 to deny the request. Their reasoning was due to the lack of benefits in creating the open water and saw the proposal as one of aesthetics and views. Mabusth said the applicant was asked to present more information in response to the denial but nothing had been received to date. Callahan commented that it was the feeling of the City not to alter a wetland area. Mabusth agreed with this summation. Mabusth informed the Council that the property is located amongst seven other lots. If the pond construction was approved, the applicant had suggested providing additional type 2 wetland adjacent to the area with no impact on the septic. The Planning Commission was not in favor of this suggestion. Callahan asked if this was the recommendation of the Staff. Mabusth said it was not but had asked the Commission to consider the issues. Mabusth said she was concerned with precedent setting. She added that if an area was created for water fowl, it generally would have more gradual sloping and irregular shoreline. 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 11, 1995 ( #13 - #2086 Robert and Janice Callan - Continued) • George Stickney, 2590 Countryside Dr., took issue with the 3/2 vote noting two recalls on the voting. In response to the idea of no compelling reason, Stickney noted that other agencies had no problem with the proposal, referring to the DNR., the MCWD (whose approval was pending approval from Orono), and the Corp of Engineers. Stickney said Mark Gronberg had also been at the Planning Commission meeting and had noted that the wetland area had increased dramatically in size when adjacent drain tile on a farm had not been properly maintained. Stickney said Callan's proposal for the pond also was for mitigation of dry buildable on the other side of the lot for type 2 wetland. Stickney said the number one reason for the pond was to control the distance between the rear of the lot and the yard to secure the boundary. The lot is 380' surrounded by trees. Stickney said this was not effectively brought to the attention of the Planning Commission. Callahan asked again what was the compelling reason for the pond. Stickney said it was to control the destiny of the rear of the house and to not lose consistency of the back yard. Callahan responded that wetlands fill in at times and did not see this as a compelling reason. Callahan said he was in favor of protecting wetland areas; and as a matter of policy, he saw no reason to approve the creation of the pond. The applicant, Callan commented that he loved the wetlands and did not wish to take away from it, but rather, enhance the wetlands. He felt the pond would provide an area for water fowl and various wildlife uses. He said the mitigation would expand the area and allow for a greater amount of wetlands. Goetten commented that Orono had a policy in place regarding wetlands, and standards were such to maintain the naturalness of the wetland areas. Goetten felt if the applicant wished to attract waterfowl, another approach could be taken. She was not in favor of approval for an open water area only. Goetten noted that wetlands are used to filter the water that flows into Lake Minnetonka. Stickney again noted that the proposal was to increase the wetland. He noted that a neighboring property, the Carson's, had recently received approval for a type 1, 1 acre, wetland being used as a skating pond. Mabusth informed Stickney that this property was not a designated wetland and required a conditional use permit only, not a variance. Jabbour commented that type 1 and type 2 wetlands are treated differently. Jabbour questioned if the idea was to enlarge a wetland, why create an area to hold water. Goetten questioned if the applicant felt the wetland was beautiful, why change it and spend the amount of money it would take to create the open water area_ • 16 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 11, 1995 ( 913 - #2086 Robert and Janice Callan - Continued) 40 Jabbour asked Mabusth to refresh his memory regarding the Carson property, which Mabusth did. Mabusth noted that there was a question whether the Corp of Engineers favored mitigation for type 1, which bred the idea of mitigation for the type 2 wetland. Mabusth noted that the variance was required because of the encroachment within 26' of a designated wetland area. There were no public comments. Goetten moved, Callahan seconded, to deny Application #2086 per the Planning Commission's recommendation with a resolution to be brought back before the Council on January 8, 1996. Vote: Ayes 3, Nays 0. ( #14) #2089 RICHARD MILLER, 4520 WATERTOWN ROAD - VARIANCES - RESOLUTION #3658 The applicant was represented by his father. Gaffron reported that the application is a request for lot area and lot width variances for a lot located in the 5 -acre zoning. The property consists of 6.5 acres with 3.6 dry buildable where 5 acres is required. The width of the property measured at 100' parallel to the • road is 287' where 300' is required. Gaffron informed the Council that the Planning Commission recommended approval based on the findings that the parcel would have been buildable without variances at the time the applicant purchased it in 1972. They noted that the applicant had also demonstrated that suitable primary and alternate sites for an on -site sewage treatment system exists on the property. The Planning Commission found this to be a unique property within the 5 -acre district where few vacant lots exist. The Planning Commission questioned whether there would be any use of the property if it was found to be unbuildable. They also thought this proposal was appropriate and in character with other residences located in the area. The applicant's representative had no further comment. There were no public continents. Callahan moved, Goetten seconded, to approve Resolution #3658. Vote: Ayes 3, Nays 0. ( #15) #2092 DENNIS PLATTETER, 809 BROWN ROAD NORTH - PRELIMINARY SUBDIVISION - RESOLUTION #3659 The applicant was present. 0 17 MINUTES OF THE REGULAR ORONO CITY-COUNCIL MEETING HELD ON DECEMBER 11, 1995 ( #15 - #2092 Dennis Platteter - Continued) • Mabusth reported that the application was a proposal for a 2 -lot subdivision of 5.64 acres. The parcel originally consisted of 6.5 acres but area was lost due to the dedication of Brown Road and Dickey Lake. The proposal is for a back/front lot configuration. The back lot meets all of the standards. Mabusth said 150% of normal allowances is required in the RR -1B. The property is also restricted by the 150' setback from an environmental lake. Mabusth reported that the applicant is proposing to remove all of the accessory structures including the pool. The existing residence does not meet the 75' setback from the proposed lot line. Staff is not clear on the status of the residence. If the residence, which is located 3-4' from the side lot line, stays, Staff recommends asking for the lot line to be altered to meet the side setback requirements. This was noted as a condition of the Planning Commission's approval. If the applicant seeks a final plat, Staff recommends a developer's agreement and letter of credit be obtained prior to the plat. Mr. Platterer said he has not decided on what he will do with the existing house. The potential buyers may remodel the house. If the purchase is not made, Platterer said he would remove the house. He noted his satisfaction with the resolution. There were no public comments. Callahan moved, Jabbour seconded, to approve Resolution #3659 per the Planning • Commission recommendation. Vote: Ayes 3, Nays 0. MAYOR/COUNCIL REPORT Callahan reported that Park Commission Chair Flint attended the DNR meeting regarding the Luce Line trail paving proposal. Flint was unable to present the City's resolution due to a format not conducive to its presentation. Discussion groups consisted of governmental representation as well as those involved in the different activity groups that use the trail. Callahan said the majority were opposed to the paving of the trail from Wayzata to Hutchinson. Flint had informed Callahan that there was a possible benefit to paving the trail west of Hutchinson. The DNR had presented a concept of a new form of aggregate lime that would be in keeping with its present limestone bed. A revised resolution will be presented at the Council meeting of January 8, 1996. ENGINEER REPORT Cook had no additional comments. 18 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 11, 1995 (* #16) PAY REQUEST - OLD CRYSTAL BAY ROAD - 4TH AND FINAL Jabbour moved, Goetten seconded, to approve payment of the 4th and Final Request for Payment in the amount of $15,684.77 to Buffalo Bituminous for work on the Old Crystal Bay Road Project. Vote: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT ( #17) ORDINANCE AMENDMENT CONCERNING YOUTH ATHLETIC FACILITIES - REFERRAL TO PLANNING COMMISSION Moorse reported that the Orono Hockey group is proposing an amendment to the R1-A Zoning Ordinance to obtain a conditional use permit for a ice rink under the "clubs and camps section of the code, which is a less intense use than what an ice arena would be. Staff proposes amending the ordinance to add ice arenas and similar facilities as an accessory use to a school use, so as not to open up an intensive use in the residential zoning district. Jabbour commented that he had thought the school district would be asking for the conditional use permit if necessary. Mabusth said this was not possible under the lease agreement. Jabbour said he had informed the group to make this determination prior to the lease agreement. Mabusth said this was not possible under the lease agreement. • Jabbour said he was uncomfortable with the "club" portion of the ordinance and asked if the use could be isolated under the school use. Mabusth said this is what Moorse was attempting to do with the amendment for youth athletic facilities under the school use. Callahan said the amendment would make this activity related to school use which would make it limited. Jabbour asked if this would allow for such structures being added to other school buildings in the City. Mabusth said the standards would be such that this use could not happen elsewhere. Jabbour reiterated that he would like to see the "club" use eliminated. 0 Callahan moved, Goetten seconded, to refer an ordinance amendment, adding Youth Athletic Facilities as an accessory use to a school use, to the Planning Commission for review and recommendation. Vote: Ayes 3, Nays 0. 19 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 11, 1995 ( #18) SAGA HII,1 TAX FORFEIT PROPERTY • Moorse reviewed the process the City followed regarding the 9 -acre tax forfeit parcel on Saga Hill made available to public jurisdictions. The City of Orono indicated it's interest in acquiring the property at no cost. In a recent meeting with the County, Moorse said the County suggested that 9 acres was too large a parcel to obtain at no cost. The County would like to allow the City to acquire 4 -1/2 acres at no cost with the remaining sold to the City of Orono or another private party at market value. Moorse said he spoke to the County on the difficulty in developing the land and gaining any type of access to it. The resolution of this parcel is now on hold. The County has suggested the City extend the hold on the 4+ acres and allow the hold to be released from the other 4+ acres. The County is awaiting a letter from the City regarding this hold. Moorse said the Staff recommends the letter be sent but in regard to the entire 9 acres with the reasons stated why the County should consider allowing the City to acquire the entire parcel for public use at no cost. Goetten asked where the standard was coming from regarding this change in the disposition of the property. Moorse said he was unsure of the legality of who had the authority to retain property or request payment. Moorse said the Staff is acting under the idea that the County does not have this authority. Jabbour asked if the Saga Hill group was aware of this new determination. Moorse said they have not been informed but he would do so. • Goetten asked what price the County was placing on this parcel of land. Moorse said he did not know but saw the market value as very low considering the problems with the land being landlocked. Goetten was concerned with the County changing their minds and wondered, "when a deal was a deal." Moorse said the City of Orono had indicated their interest in the land but no formal agreement had been completed. Goetten asked why the Citiy had not resolved the issue before this time. Moorse said the County had a hold on the property as they thought they would like to maintain a portion of it for mitigation. Goetten asked Moorse to question the County on the integrity of their actions. Callahan said he would like the Staff to ask for the entire 9 -acre parcel. Callahan moved, Jabbour seconded, to extend the hold on the 9 -acre parcel for tax forfeiture to March, 1996. Vote: Ayes 3, Nays 0. 0 20 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 11, 1995 • ( * #19) GOLF FEE UPDATE Staff presented a schedule which includes the reduced golf fees for juniors. Staff said they would provide a report and recommendation regarding the resident fee at a later date. ( #20) POLICE SERVICE CONTRACT WITH THE CITY OF LONG LAKE Callahan moved, Jabbour seconded, to table the 1996 -1998 Police Service Contract with the City of Long Lake to the March 25, 1996 meeting of the Council. Vote: Ayes 3, Nays 0. ( #21) DRUG TESTING POLICY Moorse reported that after continuing review of the Drug Testing Policy at the last meeting, the City Attorney and he are in the process of potentially making minor changes but asked for adoption as presented as a policy must be in place by January 1, 1996. Callahan moved, Goetten seconded, to adopt the Drug and Alcohol Testing Policy with the understanding that the Staff and City Attorney may revise the policy. Vote: Ayes 3, Nays 0. 9 ( #22) PUBLIC WORKS EQUIPMENT PURCHASE - BACKHOE BUCKET Jabbour moved, Goetten seconded, to approve the purchase of a 12" backhoe bucket at a cost of $2,000, to be funded from the Improvement and Equipment Outlay Fund. Vote: Ayes 3, Nays 0. ( #23) PURCHASE OF 1996 SQUAD CARS Moorse commented that the Council approved the Letter of Intent to purchase the cars in October, 1995, which resulted in the savings of several hundred dollars. This motion for approval would be for the actual authorization to make the purchase. Callahan asked if the purchase of the cars was in the 1996 budget and received an affirmative reply. Callahan moved, Jabbour seconded, to approve purchase of two 1996 squad cars at a total cost of $37,774.00. Vote: Ayes 3, Nays 0. ( * #24) 1995/1996 POLICE LIEUTENANT CONTRACT Jabbour moved, Goetten seconded, to approve the Police Lieutenant Contract Settlement for 1995 and 1996 and to authorize the Mayor and City Administrator to sign the . contract reflecting the approved settlement. Vote: Ayes 4, Nays 0. 21 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 11, 1995 ( #25) 1996 POLICE OFFICE SUPPORT STAFFING . Moorse reported that temporary work assignment changes were made in August of 1995 to handle the administrative work load for the Acting Chief with no current Lieutenant. These changes were made on an interim basis and are up for review at this time. Moorse said the changes have been working well and requested to continue the staffing changes through 1996. This request also includes an increase in pay for one police office support staff to reflect the additional responsibilities and full -time position. Callahan moved, Goetten seconded, to approve the extension of the temporary appointments of Sue Bobzien and Kris Knollenberg through 1996, and to increase the pay rate of Kris Knollenberg to $11.03 per hour. Vote: Ayes 3, Nays 0. ( #26) SELECTION OF LOCAL BOARD OF REVIEW MEETING DATE Callahan moved, Jabbour seconded, to select the date of Wednesday, April 24, 1996, at 7:00 p.m., for the 1996 Local Board of Review Meeting. Vote: Ayes 3, Nays 0. ( #27) EXTENSION OF PROSECUTION SERVICE CONTRACT Moorse reported that this item is in regards to an extension of the prosecution service contract with the City of Minnetonka. Callahan asked if there was an increase in the cost. Moorse responded that there was an 41 increase from about $32,000 to $35,000. Although this is a significent increase for one year, Moorse said there has been little increase over the past four years. The City of Minnetonka reviewed its workload related to the cities it serves, and reallocated costs on that basis. Jabbour asked if the contract approval could be subject to reexamination if the work of police administration result in improvements to allow for easier and quicker caseloads. Moorse said the work of the police chief does not impact the time spent on the case. Callahan asked if the cost was determined by time spent on cases or the cost divided up amongst the cities. Moorse said the cost was divided, but the divided cost was determined by looking at the number of cases. Jabbour said if the hours spent on cases and process improved, he would like to see a credit returned to the City on costs. Callahan asked if this was a reasonable way of going about determining the cost process. Moorse said other cities felt the process was reasonable. Callahan noted that the cost to the other cities had decreased. Moorse felt the cost was reasonable considering the original cost and the low increase over a four year period. Jabbour noted that the City of Minnetonka was doing a good job for Orono. Callahan moved, Jabbour seconded, to approve the Prosecution Agreement with the City of Minnetonka for the years 1996 -1997 at a cost of $35,880 for 1996. Vote: Ayes 3, Nays 0. • 22 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 11, 1995 ( * #28) APPOINTMENT OF AUDITOR Jabbour moved, Goetten seconded, to appoint the audit firm of Malloy, Montague, Karnowski, Radosevich & Co. to perform the required audits for the 1995 fiscal year at an estimated cost of $16,100, plus direct expenses, and to assist with the Certificate of Achievement in Financial Reporting Program at a cost not to exceed $1,500. Vote: Ayes 4, Nays 0. ( * #29) AUTHORIZATION TO DISBURSE CITY FUNDS FOR CLAIMS RECEIVED Jabbour moved, Goetten seconded, to authorize the City Treasurer to disburse funds in payment of claims received for the December 25th Council meeting, which has been cancelled, and that such paid claims are to be presented at the January 8, 1996, regular Council meeting for formal approval. Vote: Ayes 4, Nays 0. ( * #30) 1995 INTERFUND TRANSFERS AND LOAN PAYMENTS Jabbour moved, Goetten seconded, to approve the interfund operating transfers, loan payments, and special assessment payments on City owned property as presented, effective December 31, 1995. Vote: Ayes 4, Nays 0. • ( #31) AUTHORIZATION TO DISBURSE PARK DEDICATION FUNDS Moorse reported that the request is to spend Park Dedication Fees for the purchase of trees, at a considerable savings, used along Old Crystal Bay Road trail and at French Creek Preserve. These trees have already been planted. Moorse added that the Park Dedication Fund is generally used for trail expenses including screening. Goetten asked what type of savings were involved by this purchase. Gerhardson said the trees purchased for $250 each normally sell for $700. Goetten moved, Jabbour seconded, to authorize the use of $1750 of Park Dedication Fees for the purchase of trees, and to amend the Park Fund budget to reflect the expenditure. Vote: Ayes 3, Nays 0. Callahan remarked that the Park Commission was interested in additional general screening along Old Crystal Bay Road in the area where the trail funnels out closer to the street. Gerhardson said this was under consideration and that it would probably need more than trees planted to secure the safety of this area. CITY ATTORNEY'S REPORT 0 Barrett had no report. 23 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 11, 1995 ( * #32) LICENSES Jabbour moved, Goetten seconded, to approve the following licenses: Vote: Ayes 4, Nays 0. On -Sale Non - Intoxicating Malt Liquor Orono Golf Course 265 Orono Orchard Road Off -Sale Non - Intoxicating Malt Liquor Orono Self Service 2160 Wayzata Boulevard O'Sullivans 2420 Shadywood Road On -Sale and Off -Sale Non - Intoxicating Navarre Lanes Malt Liquor 3435 Shoreline Drive 1996 Residential Kennel License Jane Kline /Steve Bell 4455 West Branch Road Wayne E. & Gayle D. Carrier 1376 North Arm Drive Jayne Paasch 2150 Kenwood Way Kenneth & Karen Rolland 4119 Oak Street Judith A. Spinner 940 North Arm Drive Rene' & Patricia Sternau 440 North Arm Drive ( * #33) BILLS Jabbour moved, Goetten seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. 0 24 MINUTES OF THE REGULAR ORONO CITY COUNCIL. MEETING HELD ON DECEMBER 11, 1995 • ADJOURNMENT Callahan adjourned the meeting at 9:57 p.m. ATTEST: M. HfVF, City Clerk K Edward J. Call 'n, Jr., Mayor 25