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HomeMy WebLinkAbout10-27-1997 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 27, 1997 • ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, and Richard Flint. Barbara Peterson was absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Planner /Zoning Administrator Elizabeth Van Zomeren, Public Services Director Greg Gappa, City Engineer Tom Kellogg, and Recorder Sherry Frost. Mayor Jabbour called the meeting to order at 7:00 p.m. ( #1 Consent Agenda follows Planning Commission Comments) ( #2) OATH OF OFFICE - STEVEN ALLEN MCNALLY, PART -TIME POLICE OFFICER Ron Moorse administered the Oath of Office to Steven Allen McNally, a newly appointed part-time police officer for the City. McNally was introduced to the Council. Newly appointed Sergeant, James Morowczynski, was present and received congratulations on his promotion. • ( #3 Crystal Bay Road Addition Internal Trail System follows Consent Agenda) APPROVAL OF MINUTES ( * #4) REGULAR MEETING OF OCTOBER 13,1997 Goetten moved, Kelley seconded, to approve the Minutes of the Regular City Council Meeting of October 13, 1997. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS Park Commission Chair Susan Wilson reported the Park Commission is continuing to work on the maintenance of existing parks. She noted a path has been mowed around French Creek Preserve. The skating rinks at Bederwood and Hackberry Parks will not be flooded this year due to poor ice quality in the past. She asked Council to consider an arrangement with the Orono Ice Arena for open skating. Wilson said the Commission will be discussing long term funding for parks at their next meeting. Open space needs are being reviewed as well. She asked for Council direction on where the Park Commission should be going regarding open space. Wilson asked Council to maintain contact with Doug Bryant of Hennepin Parks. • T MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 27, 1997 (Park Commission Comments - Continued) • Jabbour informed Wilson that a meeting was recently held with Doug Bryant. Moorse indicated to Bryant that the City would like to complete an agreement regarding the trail leading to Baker Park by the end of the calendar year and continue working in the future with Hennepin Parks on other joint ventures. Jabbour told Wilson that the Council will be reviewing the City's philosophy towards parks in their Comprehensive Plan update. The Council has determined that the focus of the Commission should include open space and trails. The Council feels the Comprehensive Plan does not accurately reflect the current plans of the City in its regard to parks. Jabbour asked Wilson to maintain close communications with the Council regarding park issues. He noted that a consultant may be needed to aid in determining the future goals for parks. Jabbour informed Wilson that the Council is not interested in pursuing the purchase of public ice time at the Orono Ice Arena at this time. Goetten introduced Wilson to those in the audience. LAKE MINNETONKA CONSERVATION DISTRICT Lili McMillan, Orono's Representative to the LMCD, submitted an outline of activities • over the past six weeks she has been on the LMCD Board. One issue being discussed is that of special events permitting. Permits for these activities are currently handled by the Water Patrol. The LMCD is considering becoming involved in the process. McMillan asked for Council's direction regarding this. McMillan is concerned with a duplication of paperwork and permit fees. Jabbour told McMillan that the LMCD has thought permits should be done in -house and enforcement of the permits contracted with the Water Patrol. The LMCD gains benefit from using the Water Patrol, but the Water Patrol is not always meeting the needs of the LMCD as their priorities differ. Jabbour said licensing by the LMCD would be a duplication. Kelley said the permits should be handled by the Water Patrol only. Goetten would like all cities to be informed of planned special events. Kelley asked why the LMCD is interested in pursuing special events permits. McMillan said the LMCD has been criticized for not being aware of all that is occurring. CJ 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 27,1997 • (LMCD Report - Continued) Jabbour noted that the LMCD lacks the manpower and funding to administer these permits. The Water Patrol has this responsibility but places safety above all. Jabbour said the Water Patrol considers special events as a more routine matter than how it is considered by the LMCD. The LMCD's main focus is on controlling the exotic materials and should work with the Water Patrol and DNR to follow the guidelines. McMillan reported another issue of concern voiced at the LMCD meeting was commercial launching of boats and spread of exotics. Kelley asked the definition of commercial launching. McMillan said it referred to boats brought in by marinas and for commercial launch. Kelley said he sees no difference between that and boats being trailered onto the lake. McMillan said zebra mussels can be carried in through the commercial launching, but agreed it can occur by trailering boats as well. Kelley reported that he has viewed boats pulling out at the Maxwell Bay access dripping water and milfoil with little concern for cleaning off the material. He feels this is the biggest problem and needs to be patrolled. Jabbour indicated that control of zebra mussels is 15 years behind. The State has laws about transportation of zebra mussels and milfoil into lakes and for cleaning of boats. He suggested the LMCD develop a pamphlet for distribution to educate people on these • concerns and transporting species from contaminated waters. He noted there is no mechanism in place to ensure that boats are being cleaned. He would like to see the LMCD support what laws are in effect without adding more. He feels there is no difference between marinas leaking gas or introducing zebra mussels into the lake. Jabbour would like an education program begun and asked McMillan to introduce this idea to the LMCD. He felt this could be tied into the licensing of the marinas. Jabbour said the marinas end up being legally non - conforming and get relicensed without any additional information given to them. A workshop on the laws and consequences would assist in this effort. is McMillan clarified with Jabbour that he would like to see more educational focus rather than new ordinances. Kelley encouraged the education seminars to be tied into the licensing. Jabbour indicated that the marinas should be held responsible for this knowledge and at minimum, have a wash available at the marinas. McMillan told Jabbour that the LMCD is keying some of their issues off of the concerns that have been voiced by Jabbour. McMillan said the LMCD has just begun reviewing their Comprehensive Plan and will be discussing the topic each month. She felt this process will take about a year to determine what changes and amendments are required. McMillan will notify Council of any changes that are considered. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 27,1997 (LMCD Report - Continued) • McMillan reported that the Lake Minnetonka Association recently held a forum on personal watercraft operation. Many ideas were generated. She reported that more quiet water areas will be initiated as the lake is made up of so many smaller bays where noise from these personal watercraft present a problem. No decisions were made at that meeting. Jabbour said he had been unable to attend that meeting but is concerned that momentum picked up by this organization seems to loose its energy quickly. McMillan said the Lake Minnetonka Association will be working with the LMCD and would like to see stickers distributed with rules of personal watercraft operation. Jabbour informed McMillan that he was told by Martha Reger of the DNR that a consultant has been hired to review the issue of public access. He noted the City had an agreement with the DNR to pursue public accesses in the 13 other cities on the lake before requesting another access in Orono. Jabbour said the consultant hired is Gordon Kimball. McMillan said she would like to see a count taken of parking spaces available for public access. PLANNING COMMISSION COMMENTS Commissioner McMillan had no comments at this time. ( * #1) CONSENT AGENDA • Items #6, 8, 9, 10, 15, 16, 18, 19, 20, 21, 22, and 24 were added to the Consent Agenda. Goetten moved, Kelley seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. ( 0) OLD CRYSTAL BAY ROAD ADDITION AND SECOND ADDITION - INTERNAL TRAIL SYSTEM Moorse presented background on the development of internal trails in this subdivision. An easement was taken by the City for the trails when the subdivision was platted. No agreement was made as to how the trails would be developed. The lots were then sold and developed, and the new homeowners may or may not have knowledge of the trails. A meeting was held last year where resident feedback was heard regarding this issue. They were informed that the City would further review the matter and schedule another meeting to discuss the trails and to make a determination by the Council whether the trails will be developed. Jabbour indicated that the Council has extensively investigated the trail system noting Dick Flint is the City's expert regarding trails. is 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 27, 1997 • ( #3 - Old Crystal Bay Road Addition Internal Trail System - Continued) The meeting was opened for public comments. Bob Tunheim, 2755 Countryside Drive West, is an attorney and delegated spokesperson for the residents of the subdivision. He reported that there is unanimous opposition to the development of the trails. This was determined at a recent meeting held by the residents. Tunheim said the last two residences are currently being built which will complete the subdivision. Jabbour reported that the majority of the Council members were involved in the decisions regarding this recent subdivision. The City has been reviewing their entire comprehensive trail system and feel that all voices should be heard on this issue. Jabbour said he sees there being three issues involved: 1) whether the trail is vital to the over -all trail system; noting whether it goes from point A to point B; 2) whether the City was given park dedication credit for the trail property during the subdivision; and 3) if #1 and #2 are no, then is the City giving up any of their fiduciary responsibility to the City residents at -large if the trails are released back to the ownership of the homeowners. Jabbour reported that the Council will do what is right for the City at -large regardless of the opinion of the residents themselves. Tunheim said there is a bike trail on Old Crystal Bay Road to Watertown that connects is to the Luce Line for use by the residents. He did not believe any park dedication credit was given for the trails. Moorse reported that there is not a significant public benefit in having a set of public trails in this location, as they come off of a private drive. He thought it may make sense to have the trails private for circulation by the residents in the subdivision. He noted the residents' petition voiced concern with public use and bringing additional traffic into the area. Jabbour responded that if the trails were to become private, it would be the concern of the homeowners to address it, and not that of the City. Keith Bares, 2655 Countryside Drive West, reported that the trails would not go anywhere other than to a wooded area and to an outlot. He indicated the homeowners did discuss private trails. He asked if all of the members of the Council have viewed the property. Jabbour reported that the Council was very familiar with the property. r1 U MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 27, 1997 ( #3 - Old Crystal Bay Road Addition Internal Trail System - Continued) • Flint voiced concern that the vacated trails would give benefit to the adjoining property owners and would not enable the other residents of the subdivision to gain access to the park if the trails were vacated. Flint said he spoke with one homeowner who thought the proposed trails were great, and noted there was no way to get access to the Luce Line from his property without using the trails. Flint said the intent was never to bring in the general public to use the trails, but allow those in the neighborhood the ability to use the trails and get to the park. He was concerned with losing this ability. Flint asked Dick Putnam, the original developer, if he thought the trails should be given to the neighborhood instead of being vacated. Putnam questioned whether there was a legal way for the City to convey the trails to an entity. Jabbour asked if there was an entity to which to give the trails. Putnam reported that the residents are in the process of setting up a homeowners association separate from the other subdivision across the street. Flint was told the other development had one developer with different builders while this subdivision was sold to a developer, who built all of the homes. Putnam said documents were provided to Tony Eiden, the developer, to allow for a homeowners association. Jabbour asked who does the maintenance of the roads. Tunheim said the 14 residents share in the cost of maintenance. He indicated they are currently in the process of breaking away from the other homeowners association and have an easement for the • road. Once the documentation is in place for the new homeowners association, they would have the legal entity to which the trails could be conveyed ownership. Tunheim explained the different homeowners associations and what homes are in each association. He indicated it is an extensive process to make these changes as the covenants are filed against the land. Jabbour questioned whether the City would have to sign off on the covenants. Tunheim did not believe so. Barrett said he would have to review the covenants. He indicated the City has a stake in seeing the homeowners association continue. Jabbour said he had a concern with moving forward on such an activity and then finding out it cannot be done. Kelley asked if the road was private and owned by the homeowners. He was informed that it was. Kelley questioned what right the City has to bring traffic onto a private road. Barrett responded that the City has a public easement over the road but may allow it to remain private with maintenance performed by the homeowners. Kelley questioned whether the general public could be ticketed for trespassing. Barrett said that was possible. Kelley asked what would prevent him from getting ticketed for using the trails to gain access from the roadway. Barrett said the misdemeanor offense would have to be seen by a police officer. Kelley clarified that the general public does not have the right to use a private road. Barrett confirmed that the private homeowners have the right to place an objection to the use by the general public. • 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 27, 1997 . ( #3 - Old Crystal Bay Road Addition Internal Trail System - Continued) Kelley then questioned how the City can have a public trail from a private road. Barrett confirmed that there would be no value in the trail if the access was from a private road. Jabbour indicated that the city does have the right to the road. Barrett noted a homeowner can eject a stranger from private property. Kelley asked what happens if the road is kept as a public easement and the trail is given up for a private trail. Barrett said if the access is from a private road, there would be the right to exclude others from the trail but with an underlying public easement and a public trail, it could open the road to being public. Kelley asked what makes a road public. Barrett said it was done by deeming it as public and taking over maintenance. Jabbour said he views the trails from the perspective of the future vision of the City and of its trails. If there was a mechanism for use by the public and included park dedication, Jabbour said the trails should remain public. He questioned who would be served by the trails. Jabbour noted that Flint suggested the trails would be used by the private homeowners, and the decision should be made what will then be done. Flint agreed. • Flint again asked that if a homeowner whose property does not connect to the public park on Outlot A wants to access it and the trails are vacated, then how would that homeowner achieve access. While the general public will not be served by the trails, the homeowners should be able to use it. Jabbour asked Council if the public interest should be vacated. Kelley, Goetten, and Flint agreed, but Flint asked to have a vehicle by which the other residents in the neighborhood can use the trails Jabbour received confirmation from Council that a vehicle should be in place by which the residents in the subdivision can access the park. Kelley said whether that use is available should be left up to the homeowners. Kelley said he would want all of the homeowners to be informed and make that determination. He questioned what happens if not all of the homeowners want access to the park. Flint said the easement would be there, and those wanting to use it can do so. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 27, 1997 ( #3 - Old Crystal Bay Road Addition Internal Trail System - Continued) • Barrett reported that if the City were to abandon their interest in the trails, the trail property would revert to the ownership of the adjacent property owners. He suggested a condition be put in place, whereby, if the City agrees to withdraw their interest in the trails, the contiguous property owners must provide the same easement for the benefit of all of the homeowners with the property title held by the homeowners association. The trail development itself would be at the discretion of the homeowners association. Those adjacent homeowners to the trail property should be made aware that these residents are not trespassing. Bares questioned with three homeowners' associations, if all would be able to access the trails. The trails within each association's development would make determinations on their trails. Bob Gehrman, 4300 6th Avenue North, asked what happens if the homeowners association is abandoned. Jabbour said the easement would be on the deed indefinitely. Jabbour said it was inherent to preserve the right of that community to use the trails. He noted there is a differing opinion on what parks should be used for. Dwight Seward noted the park parcel is mentioned as a passive park and sees no need to access it. Seward said there is only brush in the area that has been cleared out and no amenities. Flint informed Seward that parks are developed by asking neighborhood • groups what they would like to see in their parks. He noted changes made at French Creek Preserve due to desires of the neighborhood. Bares reported that there is benefit to green area. He indicated there does not have to be any amenity in place for people to enjoy it. Kelley agreed noting children need to have space to explore, where exploration is the sole purpose. Council discussed whether the trails should be vacated to the homeowners association. Tunheim will work with the City Attorney towards that goal. Jabbour asked Staff if any funds were allocated to the trails or value placed on them. Moorse said no. Tunheim said no park dedication was credited according to the resolution of 4/25/94. Kelley moved to vacate the public trails providing a homeowners association is in place, but he was informed by Barrett that such vacation would require a public hearing before the Planning Commission. Kelley withdrew his motion. Jabbour moved, Goetten seconded, to direct Staff to prepare the necessary documents and schedule a public hearing for the City to relinquish their interest in the internal trails provided a homeowners association is in place to which the easements are conveyed. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 27,1997 • ( #3 - Old Crystal Bay Road Addition Internal Trail System - Continued) Barrett indicated that this would require the active participation of the homeowners of 2655 and 2635 Countryside Drive West, who would have to personally agree to an easement for the residents of the subdivision. Jabbour amended his motion to include Barrett's responsibility to see that the easement be provided by the homeowners mentioned to the residents of the subdivision. Vote: Ayes 4, Nays 0. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT ( #5) No item for this agenda number ( * #6) #2300 JAMES AND JOANNE JUNDT,1400 BRACKETTS POINT ROAD - RENEWAL VARIANCES - RESOLUTION NO. 3986 Goetten moved, Kelley seconded, to adopt Resolution No. 3986, granting variances to James and Joanne Jundt of 1400 Bracketts Point Road for restoration of retaining walls, underground grotto and lakeshore stairway system within 75' of the lakeshore. Vote: Ayes 4, Nays 0. ( #7) #2301 GERALD MCCOURTNEY,1055 WEST FERNDALE ROAD - VARIANCES - RESOLUTION NO. 3987 The applicant was present. Gaffron reported that the request for variances includes landscaping within the right -of- way of Ferndale Road, expansion of driveway apron in right -of -way, and construction of a gate access within 75' of the lakeshore and in the right -of -way. Legal combination of the properties cannot occur until court action has resolved the ownership of property in question. Gaffron noted that the apron will match the other side of the driveway allowing for better approach. The landscaping will be an arborvitae hedge set at 15 -17' from the paved roadway. The right -of -way is 66'. The gated access will remain grassy and allow for entry by private maintenance personnel. Gaffron said the Planning Commission recommended approval subject to the two tax parcels being legally combined once the court action has been finalized. The Commission felt the removal of the house more than off -set the additional hardcover for the apron, which greatly exceeds the allotted amount for a garage apron. Per prior variance approval, an apron is allowed at a 40' width, which provided extra parking space. Staff agreed with recommendation subject to a hold harmless agreement signed by applicant for the improvements within the right -of -way. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 27, 1997 ( #7 - #2301 Gerald McCourtney - Continued) • McCourtney had no additional comments. Goetten questioned the location of the gate. McCourtney said it is on the 75' line. Goetten asked if the trees removed in the 0 -75' setback will be replanted. McCourtney said the trees were removed after receipt of permit. A landscaping plan consisting of approximately 60 arborvitae and 8 -10 trees and submitted to the City has been approved. Flint moved, Kelley seconded, to adopt Resolution No. 3987 per Planning Commission recommendation. Gaffron commented that the legal combination cannot occur at this time but the applicant would like to proceed with the projects. Barrett viewed the application as having no relation to the court action and advise allowing the applicant to go forward with the improvements if there is no contention regarding the property on which the improvements will be made. Vote: Ayes 4, Nays 0. ( * #8) #2303 ANGELA WOODHOUSE, 2625 NORTH SHORE DRIVE - RENEWAL VARIANCES - RESOLUTION NO. 3988 is Goetten moved, Kelley seconded, to adopt Resolution No. 3988. Vote: Ayes 4, Nays 0. ( * #9) #2304 DEBORAH SHOLL, 4100 WATERTOWN ROAD - VARIANCE - RESOLUTION NO. 3989 Goetten moved, Kelley seconded, to adopt Resolution No. 3989. Vote: Ayes 4, Nays 0. ( * #10) #2306 DENNIS PLATTETER, 809 BROWN ROAD NORTH - RENEWAL OF CLASS III PRELIMINARY SUBDIVISION - RESOLUTION NO. 3990 Goetten moved, Kelley seconded, to adopt Resolution No. 3990. Vote: Ayes 4, Nays 0. ( #11) #2307 ELLEN PETERSON, 3355 CRYSTAL BAY ROAD - VARIANCE - RESOLUTION NO. 3991 Van Zomeren distributed a photograph of the property. The applicant was present. 10 s MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 27,1997 • ( #11 - #2307 Ellen Peterson - Continued) Van Zomeren reported the proposal is for construction of a 282 s.f. carport addition with a deck above over existing non - structural hardcover. The Planning Commission recommended approval of all variances. A side variance is required for the carport located 3.8' from the property line where 10' is required. The existing side setback is 6.2'. There will be a 10' encroachment of the lakeshore setback for the carport at 65' from the lake. Van Zomeren indicated that the 21.25% of hardcover is the street itself and must be eliminated from the calculations. The applicant is willing to remove 150 s.f. of plastic under rock in the landscaping to allow the increased hardcover for the carport. Hardcover variances are required for both the 0 -75' and 75 -250' setbacks. Van Zomeren showed the elevations of the property and improvements. She said further clarification will be required in the resolution regarding the amount of hardcover for Crystal Bay Road. The road is 612 s.f. as noted in Exhibit H. Ellen Peterson received clarification from Jabbour that rock without plastic is satisfactory as long as it is not compacted by vehicles. Goetten questioned whether the portion of driveway that encroaches onto the neighboring property is a problem. Van Zomeren said the applicant could be directed to remove that portion as there is most likely enough turning radius. Van Zomeren said • this portion was not included in the hardcover calculations and noted that driveways are required to be 5' off the property line. Goetten said she would not add that recommendation but wanted to ensure that Peterson was aware of the encroachment. Goetten asked if there was a garage for the house. Van Zomeren said there was not. It appears that the original tuck -under garage was converted to living space at some point in time. Jabbour noted that the size of the house is limited. Jabbour moved, Flint seconded, to approve Resolution No. 3991 with the change noted in the resolution regarding the square footage of roadway. Goetten indicated that she had no problem with the application itself but because there will be an increase of hardcover in the 0 -75', she would not support the motion. Vote: Ayes 3, Nays 1, Goetten. 0 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 27, 1997 MAYOR/COUNCIL REPORT • Jabbour noted the joint meeting held on this date with the Planning Commission was fruitful. Flint said he is concerned with the Saga Hill development recently reviewed by Planning Commission and the ability to build on the property given the topography. He asked the City Engineer to review the application to ensure the development will not create drainage problems for properties downstream. Jabbour received confirmation from Gaffron that both the Planning Commission and Staff have scrutinized the application and are reviewing resident concerns. ENGINEER REPORT ( #12) DAKOTA AVENUE MAINTENANCE Gappa reported that Dakota Avenue is a 600' long dead -end road with seven homes accessing off of it. The road had been gravel but was recently paved as part of the sewer project. The road has been privately maintained but there are no records showing the history of why that occurred. Gappa said the residents have requested the City make a determination regarding the maintenance of the road. The sewer project is now complete, and Gappa asked Council to make the determination regarding responsibility for maintenance. • Gappa justified the road becoming public because it fits within the category of public roads as it is adjacent to Long Lake Boulevard, which is maintained by the City, all the other roads in the sewer project are public and maintained by the City, and the road now has sewer in the street. Gappa said he understood that development in rural areas usually hold to private road status, but he feels this road is more urban in nature, setting no precedent. Jabbour asked Gaffron for confirmation of the area's classification as rural. Gaffron said the Comprehensive Plan needs to determine the differences between urban and rural areas. He said sewer is not necessarily the guideline. What makes the neighborhood different from the rural area is the lot sizes being less than 2 acres, averaging 1/2 to 1 acre in size. Gaffron views this as an urban cluster within the rural area of the City. Jabbour said a distinction needs to be determined between this road and others to allow the road to become public. Barrett indicated that the road was platted public. This does not distinguish it, however, as platted public roads are not necessarily made public. Flint said his opinion of the area is one of being an urban area with how it is set up. . 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 27,1997 • (# 12 - Dakota Avenue Maintenance - Continued) Jabbour said the road is designated rural in the Comprehensive Plan. r1 LJ Kelley said Gappa's arguments are correct. The newer roads are platted, but it is understood they will be private when developed. Kelley said the distinction is clearly made today but has not always been in the past. Jabbour said he would like to be sure that the Council is not acting on an item -by -item basis. He said he understands that Gaffron is thoroughly aware of the situation. Jabbour said he would like to change the classification and tie up any loose ends involved. Gappa reported that there was only three cases of similar roads, Casco Cove, which has recently been determined for public maintenance, Shore Hills Drive, and Dakota Avenue. Shore Hills Drive is a very short street and still unpaved. Gappa said he reviewed all of the sewered areas and hot spots and found all of the other roads to be public. Jabbour moved, Kelley seconded, to approve the public maintenance of Dakota Avenue. Vote: Ayes 4, Nays 0. ( #13) STUBBS BAY PUBLIC LAKE ACCESS Jabbour noted that the City Attorney just received the information regarding this issue. He asked that Barrett be contacted earlier in the process in the future. Gappa reviewed the background of the Stubbs Bay public lake access. He noted how the access has been used the past 20 years. Rock was hauled in for use by the City with a seasonal dock. Gappa reported that the 30' wide right -of -way was platted as Oak Street and showed where it is located and the location of the Olsen property, which is two separate tax parcels. Access has been over a portion of Lot 48 of the Olsen property. The Olsen's purchased the property in November of 1996. The previous owner never brought forward the issue of use. The dock was moved this summer onto the area surveyed as the City's access as requested by the Olsen's. Issues of concern include the City's parcel dropping off quickly in topography, and containing wetlands which are different to traverse. He noted the Olsen property is gradual in its slope, and was determined by the public at some point to be a better access point. Gappa said to access the City dock, the public must cross over the Olsen property. Gappa explained how the dock is installed.. Jabbour questioned whether there is room to get to the lake access on the City property. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 27,1997 ( #13 - Stubbs Bay Public Lake Access - Continued) • Goetten noted the problem with travel on the access during the winter months. Gappa confirmed that there is alot of snowmobile traffic and difficulty in enforcing the use of the City property rather than that of the Olsen's. Gappa said it is problematic getting to the City access with the steep bank. Gappa suggested the City consider acquiring the land owned by the Olsen's for access or make improvements to the City property to make it more desirable to use. Jabbour said the City and general public have used the land owned by the Olsen's for many years, noting it is used for parking, an occasional boat launch, and exercising of animals. Jabbour received confirmation from Mrs. Olsen that she does not want the City using her property any longer and is planning on barricading it. Jabbour asked Barrett what the City's legal position is regarding the access. Barrett said, according to Minnesota law, the City has acquired the right -of -way through dedication, as it has been openly used and maintained by the City for more than 6 years. Barrett noted the improvements are obvious to the eye when viewing it. He suggested the Olsen's may have recourse with their title insurance company for the loss of the property and cost of the survey. Barrett said the City does not have fee title but does have a road easement. Gappa said the Olsen's are objecting to this opinion. Jabbour said, assuming the City has ownership, is the City interested in maintaining it. If so, what should be equitably decided regarding the Olsen's. If it is determined that it is not essential for the City to maintain the access, how can the City return the property to the Olsen's if they now have the right to the property. Barrett said a formal vacation would have to occur to return the property to the Olsen's. Jabbour said that would include a public hearing. He questioned whether the DNR would have to be notified. Gaffron said any change to a piece of right -of -way along the lakeshore requires contact with the DNR. Jabbour noted that all parties concerned have an interest in solving this issue as soon as possible. Lisa Olsen, 3580 Bayside Road, referenced her letter, which includes information on the property and the outcome from the meeting she attended with the Park Commission. Olsen questioned whether the Council feels the information is in contrast with what Gappa has in his report. She distributed a photo of the property. She noted the dock was placed on City property this summer. 0 14 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 27,1997 • ( #13 - Stubbs Bay Public Lake Access - Continued) Olsen said the City property could be usable if the weeds were contained and would provide incentive for those to use it who wish to. In response to Barrett's comments regarding Minnesota law, Olsen noted that it is common knowledge that the gravel was added in the last five years. Since the gravel was added, traffic has accelerated and caused the slope in the bank. Olsen said she is unaware of where the dock has been located over the last 20 years but feels it was placed arbitrarily. Gappa noted the property was surveyed and staked this summer. Olsen indicated the access is only seasonally used. Olsen said it was her goal to make the property more residential in nature with plantings. Jabbour said it would be possible to document the use of the access back to the beginning of aerial photography. He indicated he has personally used the property himself to gain access. Kelley said he has used the property since 1979 noting the dock is usually located to the left of the trail. Jabbour felt confident the City will be able to show use over the past six years. Jabbour said he would like to solve the issue without having to involve other agencies. Susan Wilson said the Park Commission is in favor of maintaining the access as the community does use it. She noted the access has been an amenity to the community but • she would not like it located on the Olsen property. It was questioned whether access can be totally provided from the existing City property and whether the portion used by the City and owned by the Olsen's can be vacated. Goetten indicated if it is the desire of the Council taking the facts presented by Barrett to continue the use of the property, she would like to be fair to the Olsen's and reach some agreement. She noted the Olsen's understood the property was theirs when it was purchased. Kelley asked Olsen if the title search revealed the use by the public. Olsen said it did not. Kelley said he felt Olsen would have recourse with the title company. Olsen said she does not believe the ownership by the City is established on that parcel. Barrett said if the City uses the property and comes onto her portion of the property, that would be the claim for ownership. He said it appears that the property has been dedicated. Olsen said she then questions the facts. Jabbour asked what it would take to establish the facts for Olsen to be satisfied with ownership by the City. He encouraged Olsen to consider the facts and protect the rest of her property. Jabbour noted he would personally be furious if he lost some of his land, but indicated that the City has their hands somewhat tied as the use has established the is City's right to the property. He voiced concern with involvement by the DNR and a possible request for a designated trail resulting in further loss. 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 27,1997 ( #13 - Stubbs Bay Public Lake Access - Continued) Kelley asked if Olsen would like to have further time to review the information. Olsen said she would like to further discuss the matter. Barrett said he would be happy to participate. Jabbour reviewed Olsen's options: 1) to challenge the City by court action to retrieve the property, noting the City can document its use; 2) note the piece of land removed from her total land and be reimbursed by the title insurance and buffer the remaining property. Jabbour said the portion lost is about 5 -6' but a major portion remains and should be protected. Jabbour and Kelley agreed that the Olsen's should pursue recourse from their title insurance company. Jabbour asked Gaffron to become involved in the issue and determining what has occurred. He asked Gaffron to review aerial photographs. Kelley reported there is also an issue of liability noting the possibility of problems with the ditch. Kelley said the issue may take time to resolve. He noted changes have occurred on the property and could create problems for snowmobiling this winter with the stakes, tree branches, etc. Olsen noted that concern for liability is what brought the issue to this point. Flint said if the property is public, the liability lies with the City. Kelley agreed but • noted that the Olsen's could become tied up in the issue as well. Flint noted the importance of distinguishing the property to eliminate further encroachment. He suggested the use of posts and plantings. Jabbour said the issue will be revisited at the next Council meeting. Meanwhile, Olsen will meet with Gappa, Gaffron, and Moorse to review the information. Jabbour asked whether fencing was an issue for Mrs. Olsen. He asked Gaffron to clarify what can be done in the lakeshore. Gaffron said no fence can be placed in the 0 -75'. He noted that staff needs to review fence issues with Mrs. Olsen. A 3 -1/2' high fence is allowed outside the 0 -75% no fence or storage can occur in the 0 -75' setback. Olsen received clarification on the ordinance regarding where fences can be located, the height, and the problem with overlapping zones. Olsen indicated that they have repaired a fence at the same height as existing with removal of one section that was located within the 75' setback. 0 16 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 27,1997 ( #13 - Stubbs Bay Public Lake Access - Continued) Olsen questioned whether it would be best to wait for further action until the City takes a formal position regarding the access property. Barrett said the property is a City road. Jabbour said the information relayed to Olsen is the City's formal position. Jabbour asked Olsen if she would prefer the Council vote on the matter. Olsen said she would like to take the time to evaluate the information before the Council takes a formal vote. Jabbour informed her the Council will reverse their decision if the review determines the findings to be other than what has been noted. Kelley asked Olsen to review dock locations with Staff. ( #14) BURNING PERMITS - STAFF REPORT - ORDINANCE AMENDMENT Gappa reported the Council reviewed the issue of burning in August. Staff has concluded that the existing burning policy should be confirmed regarding the size of fires allowed; namely recreational fires of logs and charcoal 3' in width, and log fires of piles 4' wide, 4' high, and 8' long. Staff believes the size of fires as stated is appropriate to the density in Orono. Larger fires would be problematic. Gappa noted the brush disposal site provided this summer was well received. Gappa • indicated that the burning permits are currently for 30 day time periods and renewable. Staff proposes annual permits requiring inspection of site, informing the police department when a fire will be lit, and reinspection if a new permit is requested. No changes in fire size with the density of development. He feels the larger areas will be subdivided and should adhere to same regulations. Gappa noted that fires must be 50' from any building. He indicated that the permits can be revoked. Jabbour asked about protecting trees on properties where burning occurs. Gappa said inspections are required to review the sites for such items as tree location. Goetten asked if fires are limited to recreational only. Gappa said recreational, log disposal fires, and the use of enough brush to get the fire started. Goetten asked if any thought was given to larger log fires. Gappa said the concern is with grass fires beginning and damaging homes. Gappa reported that brush disposal sites will still be used. Goetten asked Staff to consider at least two disposal times for brush or in cases of special circumstances. Jabbour cautioned that the brush disposal site be used for residential brush only and not commercial, noting the high dump costs. 17 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 27,1997 (#14 - Burning Permits - Continued) r-1 LJ Bob Gehrman said his neighborhood would like the issue of brush disposal and burning better addressed. Gehrman said his intent is to work within the system first. Gehrman said the City and its residents should be in partnership on the issue. Gehrman feels there are different needs for different lot sizes. If the City does not provide adequate disposal sites, Gehrman said more burning should be allowed. Gehrman said he has a concern with smoke and wild fires, but these concerns can be issued with adequate inspection and understanding liability. Gehrman noted that more than a little brush is required to enable a fire to get started and burn hot. Jabbour asked for special provisions and administrative judgment for larger fires with inspection and increased fees. He is concerned that burning occurs without obtaining permits. Jabbour said people should have the prerogative of having larger fires and have a disposal site available. Gappa said the yearly permit makes it easier to have fires and suggested opening up the burning with use of brush for larger log fires. Gehrman reported the City of Medina has a disposal site available all year long and suggested a cooperative effort. Jabbour said the City would review options in an economical manner. Flint said he has several brush piles on his property, and it would be impossible to remove all of it due to its location. He would support 8' fires including brush. It was noted that removal of brush in wooded areas cause damage to smaller trees too. Jabbour said he would support an expanded ordinance. Kelley said he is concerned with fires on smaller properties and feels the Council needs to include lot size in their review of the burning policy. He said brush piles would increase the size of fires. Moorse reported that cities have burned brush themselves but will have a fire truck standing by if control is necessary. He suggested the fire department provide information on the issue. Moorse noted the State fire code requires a certain distance from a building for any fire. Moorse thought regulation of fire size for a particular lot should be considered as well as what is located on the lot. A provision could be included allowed a different size of fire through the inspection process. Gappa said an 8' fire should be adequate. Kelley asked if an applicant is responsible for notify his neighbors of a fire. Jabbour agreed with notification of neighbors a certain distance away. 0 18 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 27, 1997 . ( #14 - Burning Permits - Continued) Jabbour directed Staff to take a more extensive review on burning and provide disposal site. He asked Staff to concentrate on solutions. Kelley said he would be in favor of finding another solution that is safe that included notification, lot size, what is on the property. Jabbour noted that a fire should be attended at all times. Gehrman noted that fires can be burned during the winter months. Goetten asked about costs. Gappa said the City paid $1,600 this year for chipping the large pile of brush collected. He noted the number of storms increased the size of the pile. Gappa said wood chips were available to the residents on a couple of Saturdays and chips were given to a developer as well. Jabbour said they could be used on trails; though, few of Orono's trails use wood chips. Goetten reiterated that lot size is important and what is on the property. Gappa reiterated an 8' fire is sufficient. ( * 915) ORDER PREPARATION OF FEASIBILITY REPORT FOR SANITARY is SEWER IN EDGEWOOD HILLS AREA - RESOLUTION NO. 3992 Goetten moved, Kelley seconded, to adopt Resolution No. 3992 ordering the preparation of a feasibility study for the Edgewood Hills Sanitary Sewer Project. Vote: Ayes 4, Nays 0. ( * #16) REQUEST FOR PAYMENT #3 - BAY RIDGE AND BRACKETTS POINT SANITARY SEWER Goetten moved, Kelley seconded, to approve Request for Payment No. 3, Bracketts Point/Bay Ridge Sanitary Sewer Project to Barbarossa & Sons in the amount of $94,305.55. Vote: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT ( #17) WEST HENNEPIN RECYCLING COMMISSION ENDOWMENT PROPOSAL Moorse reported that the City is involved with a joint powers organization for curbside recycling with other cities. The budget for the organization has been underspent, resulting in a reserve of about $20,000. A suggestion from the West Hennepin • Recycling Commission is to provide an environmental endowment as a memorial to the past Independence city clerk. The amount is larger than what had been expected. 19 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 27,1997 ( #17 - West Hennepin Recycling Commission Endowment Proposal - Continued) • Moorse indicated the response to the suggestion on the reserve use has not been totally positive and asked for Council feedback. Jabbour questioned whether the reserve came from fees charged to residents. Moorse said the City of Maple Plain's Attorney supported the use of the fund as noted. Barrett questioned the ability of the City to establish an endowment and the educational purpose. Moorse clarified that the reserves came from grant money provided to assist the recycling program. The grant money pays for the Commission's coordinator and information provided to residents. The fees collected are not involved in this. Goetten suggested an endowment be sought from friends and family and questioned whether government should be involved. Jabbour said he also felt there was a legal question. Barrett agreed. He questioned whether the City can provide an endowment and use funds received in this manner. Kelley suggested the amount of reserves credited to Orono be reduced from the fees charged. • Jabbour said the money can be used to make the next contribution to the Commission. Jabbour asked Moorse to send a letter regarding the question of policy and legality of the City's ability to participate in this proposal. ( * #18) BRACKETTS POINT SANITARY SEWER PROJECT ASSESSMENT ROLL - RESOLUTION NO. 3993 Goetten moved, Kelley seconded, to approve Resolution No. 3993 adopting the assessment roll for the Bracketts Point Sewer Project. Vote: Ayes 4, Nays 0. ( 419) BAY RIDGE SANITARY SEWER PROJECT ASSESSMENT ROLL - RESOLUTIONS NO. 3994 Goetten moved, Kelley seconded, to adopt Resolution No. 3994 adopting the assessment roll for the Bay Ridge Sewer Project. Vote: Ayes 4, Nays 0. ( * #20) ORONO ICE ARENA SEWER AND WATER ASSESSMENT ROLL - RESOLUTION NO. 3995 Goetten moved, Kelley seconded, to adopt Resolution No. 3995 adopting the assessment • roll for the Orono Ice Arena Water and Sewer Project. Vote: Ayes 4, Nays 0. 20 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 27,1997 • ( * #21) RENEWAL OF LIVABLE COMMUNITIES ACT PARTICIPATION - RESOLUTION NO. 3996 i Goetten moved, Kelley seconded, to adopt Resolution No. 3996 renewing the City's participation in the Metropolitan Livable Communities Act Local Housing Incentive Program for calendar year 1998. Vote: Ayes 4, Nays 0. ( * #22) APPOINTMENT OF JAMES MOROWCZYNSKI TO SERGEANT POSITION Goetten moved, Kelley seconded, to appoint James Morowczynski to the position of sergeant, effective October 14, 1997 at a pay rate of $24.13 per hour. Vote: Ayes 4, Nays 0. (* #23) 1960 SHORELINE DRIVE - RELEASE TAX FORFEIT PROPERTY TO ADJACENT OWNER - RESOLUTION NO. 3997 Goetten moved, Kelley seconded, to adopt Resolution No. 3997 releasing the tax forfeit parcel at 1960 Shoreline Drive for sale to adjacent property owners. Vote: Ayes 4, Nays 0. ( * #24) CITY ADMINISTRATOR PAY INCREASE Goetten moved, Kelley seconded, to approve a 3% salary increase for the City Administrator effective September 9, 1997. Vote: Ayes 4, Nays 0. ( * #25) THIRD QUARTER EXPENDITURE REPORT Information only; no Council action required. CITY ATTORNEY'S REPORT City Attorney Barrett had no report. ( * #26) LICENSES There are no licenses. ( * #27) BILLS Goetten moved, Kelley seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. 21 AI MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 27,1997 ADJOURNMENT Kelley moved, Flint seconded, to adjourn at 9:53 p.m. Vote: Ayes 4, Nays 0. Gab 'el Jabbour, Mayo F.11161*111 22 • 0 r� L