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HomeMy WebLinkAbout05-22-2000 Council Minutes• ORONO CITY COUNCIL MEETING MINUTES FOR MAY 22, 2000 ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Bob Sansevere, Richard Flint, and Charles Kelley. City Council Representative Barbara Peterson was absent. Representing Staff were City Attorney Thomas Barrett, City Administrator Ron Moorse, Senior Planning Coordinator Michael Gaffron, Zoning Administrator Paul Weinberger, Assistant Zoning Administrator Wendy Bottenberg, Director of Public Services Greg Gappa, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor Jabbour called the meeting to order at 7:02 p.m. CONSENT AGENDA ( #1) APPROVE /AMEND • Items 4, 6, 7, 9, 11, 13, and 14 were added to the Consent Agenda. Item 16 was deleted from the Consent Agenda. Sansevere moved, Flint seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. AMERICAN CANCER SOCIETY - RELAY FOR LIFE This item was not discussed due to the lack of a representative from the American Cancer Society being present at tonight's meeting. APPROVAL OF MINUTES *( #2) RECONVENED BOARD OF REVIEW MEETING OF MAY 8, 2000 Sansevere moved, Flint seconded, to approve the minutes of the Reconvened Board of Review Meeting of May 8, 2000, as submitted. VOTE: Ayes 4, Nays 0. • ORONO CITY COUNCIL MEETING MINUTES FOR MAY 22, 2000 *( #3) Regular Council Meeting of May 8, 2000 • Sansevere moved, Flint seconded, to approve the minutes of the Regular City Council meeting of May 8, 2000, as submitted. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS - Sherokee Ilse, Representative Ilse noted the Park Tour has been rescheduled to July 5th due to the special Consolidation Committee meeting being set for June 5th. Kelley indicated he would be unable to make the Park Tour on July 5th due to the 4th of July holiday, and suggested the tour be rescheduled sometime in the fall. Gappa stated they will consider rescheduling the park tour for the fall. Mayor Jabbour indicated he has been contacted by two individuals who are interested in donating some land to the City for use as park land, and will keep the Park Commission informed of the matter. LAKE MINNETONKA CONSERVATION DISTRICT - Lili McMillan, Representative • McMillan stated the LMCD has been working hard on lake access issues and dock issues recently due to the problems they experienced last year in Mound. McMillan stated there is an issue surrounding a piece of peninsula land located in the Mound area where the people inland were under the assumption they had been deeded lake access rights. The parties have gone through a considerable amount of litigation involving this matter, with the City of Mound requesting to relocate those inland docks into existing fire lanes in an effort to provide dock access to the inland people. McMillan stated the fire lanes are very narrow in width, with a maximum of 30 feet at most of the locations, which do not comply with the LMCD's setback requirements for docks and would require a considerable number of variances. McMillan stated the judge presiding over this case has told the City of Mound that if the LMCD agrees with them on this issue, they may go ahead and locate the docks within the fire lanes. - McMillan expressed frustration over this process and the pressure being felt by the LMCD to approve these docks. McMillan stated the LMCD is also working on the Conversion of Use Ordinance, which would convert commercial property, such as marinas, to allow for other options for redevelopment of those areas in an effort to bring them more into compliance with the LMCD's 1 in 50 rule. McMillan stated the LMCD did attempt to pass a 1 in 20 and a I in 25 rule for these areas, both of which were denied. McMillan stated this issue is in limbo and will be voted on again • _, E ORONO CITY COUNCIL MEETING MINUTES FOR MAY 22, 2000 (LMCD, Continued) in June. Kelley suggested McMillan vote for what is best for the lake and not be persuaded by pressure being exerted by the parties involved in the dock issue. McMillan stated location of docks within fire lanes would set a dangerous precedent. Mayor Jabbour noted he had suggested the LMCD hold a work session regarding the dock issue over a year ago, with a definite method being developed to handle these situations. Jabbour stated the ordinance regulating municipal docks in his view is not appropriate and should be rewritten. Jabbour noted the docks in Minnetonka Beach were deeded to the Village of Minnetonka Beach by J.J. Hill. Jabbour stated the DNR and the state legislature were approached a number of years ago regarding the parcels of land located on the lake which had been deeded to the public at large. Jabbour commented they attempted to place those pieces of land into a lottery system so they could be awarded to people throughout the state, which did not pass. Jabbour stated if the land has been deeded to the general public, the land should not be restricted in his view to one segment of the population and should be available to all citizens. • Jabbour acknowledged the LMCD will experience a great deal of pressure regarding the dock issue, but encouraged McMillan to do what is best for the lake. Kelley thanked McMillan for her efforts on the LMCD. PLANNING COMMISSION COMMENTS - Bill Stoddard, Representative Bill Stoddard stated he would be available for questions at tonight's meeting. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT *( #4) #2578 DAVID AND LORRAINE LUNDBERG, 900 DAKOTA AVENUE - VARIANCES - RESOLUTION NO. 4469 • Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4469, ORONO CITY COUNCIL MEETING MINUTES FOR MAY 22, 2000 ( #2578 David and Lorraine Lundberg, Continued) a Resolution Granting a Side Yard Setback of 11 feet where 30 feet is required to permit the construction of a two -story garage addition to the existing residence located at 900 Dakota Avenue. VOTE: Ayes 4, Nays 0. ( #5) #2580 TIMOTHY PATTRIN, 1360 RAILROAD AVENUE - VARIANCES - RESOLUTION NO. 4470 Kelley indicated he does not have a problem with granting the variance requested in this application, but would like the City Council to address the safety concerns relating to Spates Avenue located to the north. Mayor Jabbour commented that the City's consultant has advised the City to close off Spates Avenue and put a stoplight at the intersection of County Road 15 and County Road 51. Jabbour stated in his view the City Council should review this issue. Kelley moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4470, a Resolution Granting a Street Side Yard Setback to Allow the Construction of a 624 square foot attached garage to the existing residence located at 1360 Railroad • Avenue. Mayor Jabbour inquired whether the Applicant would be in favor of closing Spates Avenue. Pattrin stated he is in favor of closing Spates Avenue, and indicated in his view the neighborhood is in favor of that as well. Pattrin expressed safety concerns due to the high speed of traffic in the area and the failure of cars to stop for the stop sign. Mayor Jabbour stated one reason the road has not been closed in the past was the presence of a gas station in this area, which has since been closed. The City Council directed City Staff to review closure of Spates Avenue and to set this matter on for a public hearing. VOTE ON ABOVE MOTION: Ayes 4, Nays 0. *( #6) #2582 FRANCIS AND SUSAN ANN KOUBSKY, 4784 NORTH SHORE DRIVE - VARIANCES - RESOLUTION NO. 4471 Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4471 a Resolution Granting a Front Yard Setback to Allow the Construction of an Attached • • ORONO CITY COUNCIL MEETING MINUTES FOR MAY 22, 2000 ( #2582 Francis and Susan Koubsky, Continued) Garage/Room Addition to the Existing Residence Located at 4784 North Shore Drive. VOTE: Ayes 4, Nays 0. *( #7) #2583 ROXANN BEISCH, 3436 LIVINGSTON AVENUE - VARIANCES - RESOLUTION NO. 4472 Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4472 a Resolution Granting a Hardcover Variance and Side Yard Setback Variance to Permit Construction of a New Garage at the Residence Located at 3436 Livingston Avenue. VOTE: Ayes 4, Nays 0. Item No. 8 Follows Item 16. MAYOR/COUNCIL REPORT Mayor Jabbour noted the traffic report conducted by the City's consultant has recommended • the installation of a stop light at the County Road 15 and County Road 51 intersection. Jabbour stated Minnetonka Beach is also reviewing County Road 15 traffic issues at the present time. Kelley stated he would be in favor of reviewing this situation as well as acquiring additional land if need be in order to do this project correctly. Gappa stated Mn/DOT would probably want to upgrade this intersection to the new standards if a stoplight were to be installed at that location. Gappa indicated further study of this issue would need to be undertaken to determine what work should be done in this area. Mayor Jabbour noted the Consolidation Committee has voted unanimously to recommend a merger of the Cities of Long Lake and Orono. Jabbour stated the next step in the process is a review of the merger plan by both City Councils, which should be received in the next few days, followed by a work session to discuss the pros and cons contained in the report. Jabbour stated a joint meeting with the Long Lake City Council regarding this issue is tentatively scheduled for June 5th, at which time the City Council has the option of voting on the merger plan. Flint stated the Minnehaha Creek Watershed District is still willing to work with the City of Orono and are waiting to receive a response back from Orono on where the City feels regional ponding areas should be located. Flint noted the City Council currently is working on a number of projects that take priority over this, but that the City should address this issue. 0 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 22, 2000 (Mayor /Council Report, Continued) • Mayor Jabbour commented that information should be included in the City's Comprehensive Plan and could be given to the MCWD. Sansevere stated he has heard some concerns regarding the water level of Lake Minnetonka and the possibility of allowing dock extensions. Sansevere inquired whether they would need to apply to the LMCD for a dock extension. McMillan noted the water level of Lake Minnetonka has been lower in the past than what the current water level is. McMillan stated the residents are free to apply for a dock extension permit. Sansevere inquired when the City Council will be reviewing the issue of choosing a police consultant. Moorse stated he has received some proposals back from a number of consultants and will be setting this item on the City Council agenda in the near future. Flint stated he has reviewed the letter from the Lake Minnetonka Communications Commission, and inquired whether the City has a policy as stated in the letter for the extension of cable TV service throughout the City. • Moorse stated the City currently does not have a specific policy relating to this, but that the Cable Company has its own policies regarding the number of houses that are required within a certain area in order for cable to be installed. Moorse stated City Staff is assembling a map of the various subdivisions within the City, which will also reflect areas of the City where there is expected to be higher density in the future. Moorse stated City Staff will be supplying this information to the Cable Commission for their review. Kelley commented the City of Orono should have a policy in which it is recommended or required that the utility companies and cable companies bury their lines whenever possible. Flint stated it was his understanding the agreement recently signed with the Cable Commission had stated the cable company would bring fiber optic to Orono as of a particular date. Moorse stated it was his understanding they would not bring it to every person's residence but will be building a fiber optic backbone within the City. Kelley requested Moorse review the agreement to see whether the City can request the cable company bury their lines. • ORONO CITY COUNCIL MEETING MINUTES FOR MAY 22, 2000 0 ENGINEER REPORT *( #9) REQUEST FOR PAYMENT #1 - 2000 LIFT STATION PROJECTS Sansevere moved, Flint seconded, to approve Request for Payment #1, 2000 Lift Stations Project to Ford Construction, Inc., in the amount of $26,489.90. VOTE: Ayes 4, Nays 0. Item #10 follows Item #15. *( #11) APPROVE PURCHASE OF GOLF COURSE GREENS MOWERS Sansevere moved, Flint seconded, to approve the purchase of two Toro GR 100 Greens mowers from MTI Distributing, Plymouth, Minnesota, for a maximum cost of $8,200, with the appropriate budget adjustment for the 2000 Golf Course Capital Outlay Budget. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT ( #12) SCHEDULING OF JOINT COUNCIL MEETING WITH CITY OF LONG LAKE • Sansevere moved, Flint seconded, to schedule a joint meeting /public information meeting with the Long Lake City Council at 7:00 p.m., on Monday, June 5, 2000, at the Orono High School Cafeteria. VOTE: Ayes 4, Nays 0. *( #13) LONG LAKE VOLUNTEER FIRE DEPARTMENT EQUIPMENT REFURBISHMENT INVOICE Sansevere moved, Flint seconded, to authorize payment of the invoice for the refurbishment and repainting of Engine No. 11 of the Long Lake Volunteer Fire Department in the amount of $13,301.14, and to amend the Improvement and Equipment Outlay Fund Budget to reflect this expenditure. VOTE: Ayes 4, Nays 0. *( #14) APPROVE GOLF COURSE SEASONAL EMPLOYEE Sansevere moved, Flint seconded, to approve the revised employee list, including the new employee, Lowell Swanson, at the proposed wage rate of $6.80 per hour, and under the applicable provisions of the PERA rules. VOTE: Ayes 4, Nays 0. • ORONO CITY COUNCIL MEETING MINUTES FOR MAY 22, 2000 ( #15) SCHEDULING OF COUNCIL WORK SESSION • Sansevere moved, Flint seconded, to schedule a City Council Work Session for Thursday, June 1, 2000, at 7:30 a.m., to discuss the Consolidation Committee's Final Report. VOTE: Ayes 4, Nays 0. ( #10) QUOTATIONS FOR NAVARRE PARKING LOT LIGHTING Gappa reviewed his May 22, 2000 memorandum regarding the installation of new lights and repaving of the Navarre Municipal Parking Lot. Gappa stated the existing lights in the parking lot were originally installed back in the 1960s and consist of 400 watt cobra head style Mercury Vapor lights on 30 foot poles. The Council had concerns regarding these lights since they are not aesthetically pleasing, are inefficient for lighting purposes, and the mercury is an environmental problem. Gappa recommended two additional lights be installed in the northwest corner of the parking lot. Gappa stated the new lights would consist of 250 watt high pressure sodium lights on 30 foot poles. Gappa stated the new lights would be within the recommended standards for parking lot lighting. Gappa noted the existing parking lot lights are owned by the City and are maintained by NSP under a flat monthly fee per light. The majority of Orono's street lights are owned and maintained by NSP under a flat monthly fee. Gappa stated they will need to verify • the property lines prior to any work commencing on the parking lot. Kelley inquired whether the City will be blacktopping the entire parking lot. Gappa stated he has discussed this issue with the property owners in the area who have indicated they are not interested in blacktopping their portion of the parking lot. The City's blacktop contractor has indicated he would be willing to blacktop their section of the parking lot at the time the City's portion is blacktopped. Kelley questioned whether the City should proceed forward with this project since the business owners are not interested in completing their portion of the parking lot. Mayor Jabbour noted the City Council did approve this project last year. Kelley commented he would like to have the other property owners support this project. Mayor Jabbour stated the City Council could make this project contingent upon the other property owners agreeing to take part in this project or assessing a portion of the costs to the individual property owners. Mayor Jabbour stated in his view the City should proceed forward with this project, and suggested the property owners be contacted once again concerning this project. • ORONO CITY COUNCIL MEETING MINUTES FOR MAY 22, 2000 (Navarre Parking Lot Lighting, Continued) Flint stated he is very supportive of the project and would like to see it proceed. Flint indicated he would be in favor of assessing the costs if necessary. Kelley inquired whether the City is complying with the lighting standards for commerical parking lots. Kelley inquired why 30 foot poles are being recommended. Gappa stated the City Engineer has recommended the 30 foot poles in order to achieve the proper lighting width across the entire parking lot. Kelley stated he would like to proceed forward with the project, noting there appears to be some questions that need to be answered prior to any work commencing on this project. Kelley commented the City may want to limit parking along County Road 15 in the future, which should perhaps be looked at. Gappa stated City Staff will need to develop a lighting and parking lot plan prior to proceeding forward with the project. Gappa stated the lights should be installed prior to the paving. . Jabbour moved, Kelley seconded, to direct City Staff to proceed forward with this project and develop a lighting and parking lot plan for the Navarre Municipal Parking Lot and contact the affected property owners regarding this project. VOTE: Ayes 4, Nays 0. ( #16) LICENSES Flint stated he has concerns with the size of the garbage trucks currently being utilized on his road by Browning Ferry Industries. Flint stated his neighbors in the past have requested smaller size garbage trucks be utilized within the City since a majority of the roads are privately owned and maintained and are not built for that kind of weight. Flint stated he spoke with Browning Ferry approximately one year ago and requested smaller trucks, but to date nothing has changed. Flint inquired whether there were any other options available to the residents in this area. Kelley stated he and some of his neighbors use Blackowiak, who has smaller sized garbage trucks as well. He noted some of his neighbors currently do not object to the larger size trucks. Sansevere stated it was his understanding if another garbage hauler licensed within the City were called and requested to provide service to a certain part of the City, they have the option of providing that service. ORONO CITY COUNCIL MEETING MINUTES FOR MAY 22, 2000 (Licenses, Continued) • Flint stated he will contact another garbage company to see whether a smaller sized garbage truck would be available for their neighborhood. Flint indicated he is not opposed to approving the four licenses being applied for. Flint moved, Kelley seconded, to approve the following licenses. VOTE: Ayes 4, Nays 0. Garbage & Refuse Collector's License 1. Craig Baldy Baldy Sanitation 5906 Henry Street Maple Plain, MN 55359 2. Frank Blackowiak Blackowiak & Son Sanitation & Rolloff Service 1195 Sunnyfield Road North Mound, MN 55364 3. Douglas Hawkinson Cleanway Sanitation, Inc. P.O. Box 220 • Long Lake, MN 55356 4. Donald Rachel Veit Container Corp dba Veit Disposal Systems 14000 Veit Place Rogers, MN 55374 SPECIAL EVENT PERMIT 1. Applicant: Matt Stewart Event: 4th of July Celebration Location: 1535 Bohns Point Road Date: July 4, 2000 Time: Noon - 10:00 p.m. ZONING ADMINISTRATOR'S REPORT, CONTINUED ( 48) NEIGHBORHOOD MEETING FOR NARROWS DOCK LOTS (Flint excused himself from this matter) • 10 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 22, 2000 I* (Narrows Dock Lots, Continued) Gappa stated this item has appeared before the City Council on a couple of previous occasions where concerns regarding parking along both sides of Shadywood Road were discussed. In June of 1999, the City installed "no parking" signs along both sides of Shadywood Road north of the Narrows Bridge. These signs were installed because of safety concerns caused by vehicles parking in this area and concerns regarding safe access into the driveways in this area. Gappa stated the status of the easements has been uncertain in the past, with several options previously discussed for access to the dock lots. One possible discussed option was the construction of a new driveway entrance on the north side of the dock lots. The existing entrance had always been off the private road along the south side of the dock lots. The space available for a new driveway on the north side is limited because of the steep topography. Obtaining the easements for this new driveway would also be very difficult. Another option presented was allowing parking along the southernmost 100 feet of the southbound shoulder area. Gappa noted there still is a safety concern from bicyclists moving out into traffic to pass the parked vehicles. Gappa indicated City Staff has since researched the easement issue further, with copies of the recorded easement documents being obtained from Hennepin County. Gappa stated in 1955, • numerous registered land surveys were done in this area, with a number of lots being created at that time. Gappa stated the dock lots are considered Torrens property rather than Abstract property. The Certificates of Title for these dock lots list easements that are recorded against the properties going back to 1955. Based upon City Staff review, it appears that road easements were granted to allow for access to the various properties. Gappa stated the easements diminish the need to consider changes to the current no parking area. Gappa noted the City has received numerous letters regarding the use of the dock lots and the conditional use permits that have been approved in this area. Gappa stated this hearing is intended to give the neighbors a chance to provide their input into this matter and what, if any, action the residents feel is necessary to address the issues regarding the dock lots. Mayor Jabbour stated following a rather big event held on Big Island approximately one year ago, the City Council passed a resolution to eliminate parking along Shadywood Road. Jabbour stated the City has been requested by the dock owners to revisit the issue and reconsider the City's position. Jabbour noted since this issue was first discussed, City Staff has determined that easements in this area exist. Tom Barrett, City Attorney, reiterated that City Staff has looked at the easements in this area, noting a formal survey of this area could be conducted for approximately $500, which would • outline all 38 lots and the cross easements. Barrett noted the City has not had a formal survey ORONO CITY COUNCIL MEETING MINUTES FOR MAY 22, 2000 (Narrows Dock Lots, Continued) • of the area done at this time. Barrett stated until that survey is completed, the City has no formal title opinion. Mayor Jabbour commented the neighbors in this area are questioning the issue of parking, the use of the docks, and the rights of the dock owners. Jabbour stated he will make his packet of information concerning this matter available to any member of the public interested in reviewing it. Kelley commented if there are legal questions concerning this matter, he does not feel he would be in a position to answer those at this time. Mayor Jabbour stated the City Council would merely be listening to the input of the neighbors regarding this issue. Robin Cook, 680 West Hillside Drive, Wayzata, stated they own the dock located on Tract E. Cook inquired how the event on Big Island relates to no parking along Shadywood. Dick Ogle, 2771 Shadywood Road, stated the owner of Tract G moved a number of the people participating in the party on Big Island over to his residence, along with a number of boats. . Mayor Jabbour stated that is the event he is referring to. Jim Zimmerman, 2745 Shadywood Road, stated the no parking in this area had existed prior to that event on Big Island. Cook commented she was unsure how that was relevant to the parking in this area. Mayor Jabbour stated he is not sure whether it is relevant or not, and noted that some of the activity occurring in this area is not related to the docks. Jabbour stated photographs of the area reveal there is parking occurring by Tracts B and G, which appears to be causing some concerns. Cook inquired what the reason was for the elimination of the parking. Mayor Jabbour stated the City Council noticed a problem with parking in this area and safety issues that existed. Jabbour stated based on the comments contained in the Public Works Director's report, it appears parking along that road probably would not have been permitted in the first place. Jabbour noted this is a county road, with the City of Orono typically not allowing parking along any of the other county roads within the City. Jabbour stated the City Council attempts to deal with these issues one at a time as the need arises. Jabbour stated what currently • 12 • ORONO CITY COUNCIL MEETING MINUTES FOR MAY 22, 2000 (Narrows Dock Lots, Continued) exists in this area is a legal non - conforming use and would not be allowed under the City's current regulations. Cook commented the residents in this area are still considered legal property owners and have certain rights regarding the use of their properties. Mayor Jabbour stated he is not in a position to give legal advice at this time, and suggested the resident contact her attorney regarding legal questions. George Olson, stated he is the father of Christopher Olson who owns Tracts M and N. Olson noted ii the time the lot was purchased by his son a title search was conducted which showed that no easement exists for Tracts M and N, with some easements existing for some of the other lots. Mayor Jabbour stated in his view independent of the easements, it is difficult to park in this area. Ogle stated the previous Zoning Administrator for the City researched this • whole issue, with a definite recommendation being made for no parking along this county road. Ogle stated he has been very cooperative with his neighbors and has not experienced any problems with parking in the area. Ogle stated a problem has arisen when the people in the area own more than one car and there is not sufficient room on their lots to park their vehicles. Ogle stated the law is what it is and should not be changed at this time. Zimmerman stated as the non - resident dock owners proceeded to acquire these properties, a number of issues arose regarding their rights. Zimmerman stated he has retained the services of an attorney to research these issues. Zimmerman stated according to the City documents that exist, they do address these issues very clearly, and the residents in this area were advised following the last meeting that only one car per lot would be allowed. Zimmerman stated they are merely requesting that the property owners in this area follow the laws governing these issues. Don Meigal, 683 Sutherland Road, Columbia Heights, stated he is the owner of Tracts Q and R and attended the last meeting regarding this issue. Meigal stated he asked the City Council to revisit this issue because in his mind he has a concern that if the property owner does not have an easement, he does not have parking. Meigal commented the covenants should contain the easements. Mayor Jabbour stated it is not the City's intention to become involved in the private affairs of the citizens. Jabbour stated the issues before them tonight involve defining the City's position • on the permanency of the docks and the property owners' rights relating to the docks as well as 13 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 22, 2000 • (Narrows Dock Lots, Continued) the parking. Jabbour stated obtaining an easement from a neighbor is up to that individual resident and not the City. Jabbour remarked that the City does not want to post every county road at this time as no parking, and if the road is posted no parking, the residents will need to find another place to park. Mayor Jabbour commented another concern before the City Council is the acquisition of one of the houses by a certain individual who likes to host numerous parties and the future acquisition of the other docks in this area. Zimmerman stated some of the residences on these lots have turned into weekend homes, which is a concern to the year -round residents in this area, as well as the number and size of the boats being parked at the docks. Mayor Jabbour stated the size and number of boats is outside the jurisdiction of the City. Kelley stated in his opinion the City should not change the no parking situation that currently exists in this area and should recognize that these docks do exist. Mayor Jabbour reiterated his packet of information concerning this item is available for any resident to review. Kelley indicated he does not wish to go into Malkerson's opinions at this time. Sansevere stated he does not want to revisit the no parking issue at this time. Sansevere stated if the property owner only has room for one car, he then is only able to park one car in that area. Sansevere stated the City may need to look into people renting these docks and whether that is prevented by ordinance. Lili McMillan, LMCD Representative, stated the LMCD does have requirements regarding the length of the dock and the number of boats allowed to be parked at the dock. Ogle indicated he would be willing to work with the residents in the area in an attempt to resolve this issue. Tom Barrett, City Attorney, stated there appears to be a mix of things occurring; one, a conflict of private property rights and, two, the effort by the City to assist the property owners in coming to some type of regulatory conclusion that is acceptable to the residents. Barrett recommended the City only look at the regulatory issues and not the private conflict issues. Barrett noted the City has allowed these lots to be created by subdivision in the past and has allowed the docks to exist. • 14 LJ • ORONO CITY COUNCIL MEETING MINUTES FOR MAY 22, 2000 (Narrows Dock Lots, Continued) Mayor Jabbour stated in his view the City's formal position on these docks is that they are legally non - conforming. Barrett stated he is uncertain whether they are a legal non - conforming use, but would tend to view them as an accessory use without a principal structure, noting the use is not non- conforming in the sense that docks are allowed in residential areas. Barrett stated the City has historically allowed the use of these docks to exist to date as an accessory use without a principal structure. Zimmerman inquired whether anyone has ever been denied access to their parking spot. Meigal stated that's an issue he is concerned with. Ogle reiterated he would be willing to work with his neighbors to resolve this issue. Mayor Jabbour suggested Ogle head up the effort among the neighbors to resolve these issues. Ogle stated he would be happy to do that. Ogle stated he is willing to cooperate with his neighbors. Meigal inquired whether Ogle was intending to draft an agreement that everyone should sign. Ogle stated he is unsure whether it is necessary to sign anything. Mayor Jabbour encouraged the neighbors to resolve this issue amongst themselves. Jabbour noted some of the neighbors have a concern that they will be denied parking or access to their properties, which should be addressed. Ogle stated to his knowledge no property owner has been denied parking or access to his property. Ogle commented a problem arises when the property owner attempts to park more than one car in the area. Mayor Jabbour commented if a person wants to have a two car garage, they will need to buy a piece of property which is large enough to accommodate that. Kelley commented he would like the neighbors to resolve this issue amongst themselves, with no action being necessary by the City Council. Gappa recommended the no parking signs be relocated to keep cars from parking within the tapered area. Gappa stated the County installed the signs in the wrong location and currently 15 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 22, 2000 (Narrows Dock Lots, Continued) • cars are able to park in the tapered area and near the fire hydrant. Gappa stated the signs should be relocated in order to comply with the City's Council's original intent. The Council agreed the signs should be relocated. CITY ATTORNEY'S REPORT Tom Barrett, City Attorney, requested an executive session. *( #28) BILLS Sansevere moved, Flint seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Jabbour moved, Kelley seconded, to adjourn the meeting at 8:42 p.m. ATTEST: Linda S. Vee, City Clerk Gabri Jabbour, Mayor n V Rl