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HomeMy WebLinkAbout03-12-1990 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 12, 1990 • ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Goetten, Nettles, Callahan and Peterson. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Public Works Director Gerhardson, Assistant Planning and Zoning Administrator Gaffron, City Attorney Barrett, City Engineer Cook and City Recorder Scheffler. CONSENT AGENDA* Councilmember Callahan requested that item #25 be removed from the Consent Agenda. Councilmember Peterson requested the removal of items #24, #29 and #30 from the Consent Agenda. Councilmember Goetten asked that item #32 be removed from the Consent Agenda. City Administrator Bernhardson requested the removal of item #27 from the Consent Agenda. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Consent Agenda, with the exception of items #24, #25, #27, #29, #30 and #32 which were removed and discussed in the order appearing on the agenda. Motion, Ayes -5, Nays -0, Motion passed. APPROVAL OF MINUTES* • It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Minutes of the Regular Council Meeting. Motion, Ayes -5, Nays -0, Motion passed. PARR COMMISSION COMMENTS: LITTLE LEAGUE BASEBALL DIAMOND - BEDERWOOD PARK Mayor Grabek indicated that a notice had been placed in the paper which set forth March 26, 1990 as the date this matter would be heard by Council. Grabek asked the Council for their input as to whether the matter should be tabled until March 26th, or discussed and voted on this evening. Councilmember Goetten said that she had two different copies of the Agenda for this meeting and the Bederwood Baseball Diamond does not appear on either. Goetten asked City Attorney Barrett whether it is proper procedure to discuss an item not shown on the Agenda. City Attorney Barrett advised the Council and Mayor Grabek that this matter may be discussed under the Agenda item "Park Commission Comments ". Another option would be to amend the Agenda to add this specific topic. Mayor Grabek believed that most of the parties interested in this matter were present. He said that the matter can be . postponed until March 26th if that is the consensus of Council. - 1 - 41 MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 BEDERWOOD BASEBALL DIAMOND CONTINUED • Councilmember Goetten suggested that there be a vote to adopt this matter to the Agenda for discussion. Goetten indicated that the persons present should be given an opportunity to address the Council, but that a vote on the matter be delayed until March 26th. Mayor Grabek suggested if there is no vote on this matter that any discussion of it be delayed until March 26th when all interested parties could be present. Councilmember Goetten asked Bernhardson how this matter had been scheduled for this meeting, when the Paper and the Minutes indicated it would be scheduled for March 26th. Bernhardson replied that the Park Commission had met subsequent to the last Council meeting. The Little League Ball Diamond was discussed at that meeting and a request was made that the matter be heard at the March 12 Council Meeting. The Orono Baseball Association requested that the matter be moved ahead so they could begin preparing for the season as soon as possible. Councilmember Nettles asked those in attendance whether they felt that those present this evening represented a majority of persons concerned about this matter. Mr. David Ilse, 3630 Eileen Street, indicated that he had informed people he personally knew about the meeting being held this evening. However, Mr. Ilse felt that there were other Orono residents that are expecting to have the matter discussed March 26th as the paper indicated. Mayor Grabek asked, if this matter is approved this evening, whether a resolution would be presented at the March 26 Council Meeting for final approval? City Attorney Barrett replied that Council could use its discretion in that regard. Mayor Grabek asked the Park Commission representatives present for their opinion in regard to delaying action on this matter. Mr. Phil Bradley, Park Commission Chair, indicated that on one hand, the Baseball Association was anxious to have the matter decided. On the other hand, some new developments have surfaced since the Park Commission Meeting. Mr. Bradley offered to provide the Council with the information and Park Commission recommendation that resulted from their meeting. Councilmember Goetten indicated that she had hoped to have an opportunity to review the Park Commission minutes - 2 - • i MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 • BEDERWOOD BASEBALL DIAMOND CONTINUED prior to this meeting, but did not Goetten was concerned about the understanding the zoning requirements Mayor Grabek asked if delaying would have a significant impact on the receive the information. Park Commission fully for this area. the matter for two weeks Little League program. Mr. Gary Larsen, Orono Baseball Association, replied that two weeks makes a significant difference and asked that there be a vote this evening. Councilmember Goetten indicated that in order to be fair to the Citizens of Orono, that the matter should be heard at the March 26th Council Meeting. Mayor Grabek asked Mr. Larsen what conditions cause a hardship if there is a two week delay? Mr. Larsen replied, "We set March 15th as a self- imposed deadline to get this matter settled so we can begin planning for materials and working crews. If we are going to get a ballfield constructed, we need to have a decision from Council so we can proceed with our plans. Waiting another two weeks may put us out of business." Mayor Grabek asked Mr. Bradley to provide a summary of the discussion and recommendation pertaining to this matter that resulted from the Park Commission Meeting. Mr. Bradley indicated that this issue presented a strong case for the need of a comprehensive park plan for Orono. Bradley stated that there is an Orono Soccer League that has been using Bederwood Park for the past year. There are 300 children in the program which lasts 6 weeks in the Fall. In regard to the concerns regarding parking and safety for the Little League program, Bradley said that he is not aware of any complaints that have stemmed from the Soccer League's use of the Park. Bradley said that the $15,000 that will be used for the improvements to Bederwood Park was a gift from the Lion's Club. Bradley said that after this matter was discussed, a motion was made to approve the Orono Baseball Association request with the following conditions: (1) There will be no concession building constructed on the premises. (2) The OBA would be allowed to bring in a trailer to use for pop, candy, etc. sales. (3) There will be no lights or public address system. 0 - 3 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 BEDERWOOD BASEBALL DIAMOND CONTINUED (4) The parking lot would be expanded at the City's expense • to create better parking. (5) The City would retain the option to have the OBA remove the structures at the end of the term and OBA would provide insurance. (6) There will be an annual review by the Park Commission and Council to approve /deny the further use of Bederwood Park. (7) OBA would have exclusive use of the ball diamond Monday through Friday, 2:00 p.m. to dark, April 15, 1990 to July 15, 1990. OBA would be amenable to other uses of the ball diamond (within the fenced area) and will post a schedule at the field. Mr. Bradley said that he had talked with the Orono School District and concluded that there are no available sites on the Orono School Campus that could be utilized for Little League this year. The School District is willing to allow the Little League to use a portion of the 50 acres purchased on Old Crystal Bay Road. However a site plan must first be done for the entire 50 acres, which may be done this winter. Councilmember Nettles asked Mr. Bradley if he knew of the number of cars generated by the Soccer League's use of Bederwood Park? Councilmember Peterson noted that there are 300 children in the program, not 300 children using Bederwood Park. Peterson said that the Orono Middle School and Hackberry Park are also utilized by the Soccer League in addition to Bederwood. Nettles questioned whether the Orono Community Church is a viable site? Mr. Bradley replied that the Park Commission was not aware that the Church was an option. Councilmember Peterson stated that she preferred to delay discussion and voting on this matter until March 26th. Councilmember Nettles stated that he will be unable to attend the March 26th Council Meeting and would like to vote on the matter this evening. He agreed with the Mayor that the matter should either be discussed and voted on this evening, or delayed entirely until March 26th. Nettles preferred that the matter be voted on this evening so that the Little League would know where they stand and could plan accordingly. - 4 - 40 MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 • BEDERWOOD BASEBALL DIAMOND CONTINUED Councilmember Goetten thought that the Council may lose some of its credibility if they voted on the matter this evening. Councilmember Callahan said that he had specified March 26th in his motion at the February 26th Meeting, but there is nothing that legally binds the Council to that date. He noted that the City Ordinances do not require that a public hearing be held to discuss this issue. Callahan said that there was a large number of Orono residents present this evening. Callahan noted that the matter would come back before the Council for final approval. It was moved by Mayor Grabek, seconded by Councilmember Nettles, that Council discuss and vote on the Little League Ball Diamond proposal for Bederwood Park. Councilmember Callahan said that he is willing to discuss the matter this evening, but is not committed to voting on the matter. Mayor Grabek indicated that the Council should consider the request by the OBA to proceed and whether sufficient due notice has been provided. Many of the persons present for this matter indicated that there were others who could not be present this evening that wished to be heard. Mayor Grabek acknowledged that others may wish to be heard, but felt that the arguments for and against this proposal would not change simply because there will be more persons present. Councilmember Goetten stated that her only concern is for due process. Motion, Ayes -2, Peterson, Callahan, Goetten, Nay, Motion failed. • It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to have this matter discussed at the March 26, 1990 Council Meeting as published in the "Laker ". Motion, Ayes -4, Mayor Grabek, Nay, Motion passed. Grabek directed staff to investigate whether a larger meeting room could be obtained for the March 26 meeting. PUBLIC COMMENTS: Mr. Gabriel Jabbour, 985 Tonkawa Road, indicated that he had attended the last few Planning Commission Meetings. He said, "I have been really concerned about the way Orono has taken a second class attitude toward the activities on the lake. Three years ago I addressed the Council and posed a question that I thought might be essential for the Council to consider appointing people who live on the lake to the Planning Commission. This would assure that matters concerning Lake Minnetonka are dealt with in a more sensitive manner. I was thankful that Councilmember Nettles voted against the expansion of the Minnetonka Boat Works. I am noticing that little by little the 0 -75' hardcover issue is eroding. The protection of our Code regarding non - conforming use has been dismissed. The people on the Planning Commission are not as sensitive to the lake issues as they should be. To make matters worse, you have eliminated the Marina Committee. The LMCD has not exhibited a great deal of leadership. Orono had • always been light years ahead of other communities in regard to - 5 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 PUBLIC COMMENTS CONTINUED protecting the lake. I see us going backward. I don't trust • that the LMCD or DNR will provide adequate protection. Mayor Grabek informed Mr. Jabbour that his comments would be considered and passed along to the Planning Commission. Grabek added that Orono still is a leading community for restrictions to protect both lake and land use. Grabek suggested that Mr. Jabbour meet with City Staff to express his specific concerns. Mr. Jabbour indicated that he had met with Zoning Administrator Mabusth for several hours. Mayor Grabek asked Mabusth to prepare a report regarding the items of concern expressed by Mr. Jabbour that she feels Council and Planning Commission need to address. Tresa Gardella, 1230 Orono Oaks Drive, indicated that she is the representative for the homeowners adjacent to the Long Lake Sewer Plant property. She asked whether there has been any new developments regarding the potential annexation of this property by Long Lake? Mayor Grabek said that a news release has been given to the Pioneer and possibly the Sailor. The City of Orono is opposed to the annexation that Long Lake has recently filed. Grabek stated that Orono has tried to resolve this issue with Long Lake over • the last two years to no avail. PLANNING COMMISSION COMMENTS: Planning Commission Representative Kelley was present. Kelley asked whether an alternative date has been established for the Joint Planning Commission /Council Meeting. Mayor Grabek noted that topic is scheduled to be discussed later this evening (Agenda item #29), but requested that the matter be discussed at this point. Bernhardson suggested that the Council may wish to meet with the architect for the new facility on Thursday, March 15th. He suggested the Joint Council /Planning Commission Meeting be scheduled during the first week in April. The consensus of Council is that the Joint Meeting be scheduled for Saturday, April 7, at 8:30 a.m. Kelley said that he would advise the Planning. Commission of the new date. - 6 - • • MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 ZONING ADMINISTRATOR'S REPORT: #1457 ALAN CARLSON 3140 WATERTOWN ROAD PRELIMINARY SUBDIVISION RESOLUTION #2764 Mr. Alan Carlson and Gary Peterson were present for this matter. City Administrator Bernhardson reviewed this application for a 16 -Lot subdivision. Councilmember Goetten asked staff whether they were comfortable with the proposal to locate the road through the wetlands? Mabusth indicated that the proposal had been thoroughly considered. Mr. Carlson showed the Council an aerial view of the property and the area in question. Mr. Carlson pointed out that there are mature trees, approximately 30 years old, growing in the wetland area. City Engineer Cook added that this portion of the property will be used in the storm water management plan. He said that • staff is concerned that the area be preserved for that reason. It is anticipated that some of the area will be excavated and will result in more restrictive work being done in that area than what currently exists. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to adopt Resolution #2764, approving the Preliminary Subdivision for Alan Carlson. Motion, Ayes -5, Nays - 0, Motion passed. Mr. Carlson noted that page 3, finding #10, of the Resolution is ambiguous. Carlson said that the Resolution could be interpreted to require that he be responsible for the construction of Outlot E. Mabusth stated that staff could make a clarification in the Resolution. Carlson also asked that the Resolution specifically state that Outlot D be required to have a paved width of 16'. City Engineer Cook said that there would have to be a gravel base of 24', but the actual paved width could be 16'. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to adopt Resolution #2764, approving the Preliminary Subdivision for Alan Carlson with the clarifications requested by the applicant as stated above. Motion, Ayes - 5, Nays -0, Motion passed. • - 7 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 #1452 WALTER PEMBERTON • 1720 SHADYWOOD ROAD VARIANCE Mr. and Mrs. Pemberton were present for this review. City Administrator Bernhardson provided a brief summary of this application for a hardcover and lakeshore setback variance. It was moved by Councilmember Callahan, seconded by Councilmember Nettles, that this matter be reconsidered. Motion, Ayes -3, Peterson, Goetten, Nay, Motion passed. Callahan said that he had discussed this matter with staff and the applicant since this had last been reviewed by Council. Callahan said that there was merit in Councilmember Nettles' opinion that reducing hardcover on this property, without greatly increasing hardcover in the 0 -75' zone was an improvement. Callahan said that the proposed location of the dining room addition is the only possible location without completely rearranging the house. Callahan indicated that he discussed the removal of additional hardcover with the applicants. Callahan said that Mr. Pemberton seemed reluctant to remove additional hardcover. Mr. Pemberton indicated that after discussion with staff and Councilmember Callahan, he has agreed to remove 4' from the front of the deck and 3' from the end of the deck. This will bring the • total reduction of hardcover in the 0 -75' zone to 443 s.f. Callahan asked Mr. Pemberton if it was his intention to remove 24' of hardcover from the left side of the front door? Mr. Pemberton replied that he will make that removal. It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to conceptually approve the hardcover variance requested in application #1452, provided that hardcover be removed as previously indicated, as well as the removal of 4' from the front of the deck and 3' from the end of the deck. Councilmember Nettles indicated that in his opinion, this application does not constitute new construction. Nettles said that there is an opportunity to improve the hardcover situation on this property and achieve a net decrease. Councilmember Peterson said that she viewed this project as new construction. Councilmember Goetten believed that the Council needs to take a harder stand on these applications. Goetten indicated that she could find no hardship to warrant the variance. Goetten acknowledged the Pemberton's efforts to mitigate the hardcover situation on his property. Motion, Ayes -3, Peterson, Goetten, Nay. Motion passed. Councilmember Peterson asked when the resolution approving this application would be presented to Council? Bernhardson replied that it could be presented at the - 8 - • MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 • ZONING FILE #1452- PEMBERTON CONTINUED March 26, 1990 Council Meeting. #1470 DAN & RUTH PARTEN 4300 BAYSIDE ROAD PRELIMINARY SUBDIVISION Mr. Parten was present for the review of this application. City Administrator Bernhardson provided a brief explanation and history of this application. Bernhardson said that Mr. Parten is asking for a two -lot subdivision and a lot line rearrangement. Bernhardson noted that the Reiersgord property to the east may have in excess of 6 acres dry buildable land, rather than 4.6 acres originally estimated. Councilmember Callahan asked Mr. Parten if he had received the most recent information from the City staff. Mr. Parten replied that he had received a mailing from the City. Mr. Parten said that staff is recommending that he proceed with a three -lot PRD, but he is not interested in developing three lots at this time. He said in light of the recent information regarding the size of the Reiersgord property, the north /south outlot could be placed wherever Council feels is best. Mr. Parten said that he is still unclear as to why staff is asking him to provide access to the northern properties. • Parten said that he is also concerned about the City's request to construct the north /south outlot at a 50' width. Parten asked for Council direction regarding these three issues. Mayor Grabek felt that it is not the Council's place to instruct an applicant on how to develop his property. Councilmember Nettles said that these three questions were discussed at the last Council Meeting. Councilmember Goetten agreed with Nettles and added that the Council has previously attempted to provide Mr. Parten with direction in achieving the best result. Goetten stated that in her opinion, proceeding with a PRD would be best, however, Mr. Parten does not wish to do that. Mr. Parten stated that the Planning Commission had provided direction which allowed him to develop the plan he is proposing. He said that Council is not looking at that plan, but is suggesting something that he does not wish to do at this time. Councilmember Goetten advised Mr. Parten that he does not have to develop all three lots at this time. The PRD will allow future development of the parcel without the need to go through the subdivision process again. • - 9 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 ZONING FILE $1470 - PARTEN CONTINUED Mayor Grabek asked for staff input. Assistant Planning and Zoning Administrator Gaffron stated that staff has recommended that this be developed as a three - lot PRD. Gaffron said that a two -lot standard subdivision with extensive, dedicated roadways will leave Mr. Parten with less than a 10 acre parcel. Gaffron said that due to the existing access easement to the Reiersgord property, staff views that road as serving three properties. Thus it is necessary to comply with the City's Code and provide outlots. Grabek asked whether staff has discussed this proposal with Mr. Parten? Gaffron replied, "Yes, several times." Grabek asked whether this proposal was presented to Mr. Parten at the February 26, 1990 Council Meeting? Gaffron replied, "I believe that it was." Grabek said that the next step in this process then would be to have Mr. Parten present his proposal to the Council. Mayor Grabek asked Mr. Parten if he was ready to do that this evening? • Mr. Parten replied, "I wanted to get Council's direction • before another drawing is done." Grabek asked the Council if it is their consensus that Mr. Parten should proceed as staff has recommended? Council indicated that they agree with staff. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to table this application until the applicant notifies staff that he is ready to present his proposal. Motion, Ayes - 5, Nays -0, Motion passed. #1468 GEORGE PILLSBURY 1300 BRACKETTS POINT ROAD VARIANCES /CONDITIONAL USE PERMIT Mr. and Mrs. Pillsbury were present for this matter. City Administrator Bernhardson provided the Council with a brief summary of this application. It was moved by Councilmember Callahan, seconded by Councilmember Nettles, that this application be reconsidered and that Council approve the request for hardcover and average lakeshore setback variances, in addition to the conditional use permit. Councilmember Goetten asked whether there has been any • - 10 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 • ZONING FILE 11468- PILLSBURY CONTINUED changes to the Pillsbury proposal since it was last reviewed by Council? Callahan replied that he is not aware of any changes. He said that the only reason he had denied this application was because he had denied Mr. Pemberton's application. Councilmember Goetten indicated that this project is placing new construction within the 0 -75' setback zone. Goetten felt that the Pillsburys could have placed the greenhouse addition elsewhere as part of the recent remodeling project that was done to the house. Goetten indicated that she did not see a hardship for a greenhouse to be located in the 0 -75' zone. Goetten said that Council should be concerned about voting for this because of the precedent that will be set. Councilmember Peterson concurred with Goetten and added that she disagreed with the process of Council review that this application has undergone. Councilmember Nettles stated that Bracketts Point is a beautiful part of Orono, especially when viewed from Lake Minnetonka. Nettles did not feel that the Pillsburys' proposal would have any detrimental impact on the City, or the Lake. Nettles reiterated his belief that reducing hardcover wherever possible is important. Councilmember Goetten agreed with Nettles that Bracketts Point is a beautiful area. She said there are Ordinances in place, however, which must be upheld. Motion, Ayes -3, Peterson, Goetten, Nay. Motion passed. • #1483 HAROLD VOGT 1342 REST POINT CIRCLE CONDITIONAL USE PERMIT Mr. Vogt was present for the review of this application. City Administrator Bernhardson reviewed this application and informed the Council that an accurate survey of this property has not been received. Bernhardson suggested that should this application be approved, it be done conceptually and that a new survey be submitted before final approval is given. Bernhardson noted that the Planning Commission had recommended approval of this application subject to the submittal of a structural engineer's report regarding the stability of this structure. Mr. Vogt stated that he had bought the property last June. He said that this boat house structure was a key reason they chose this particular piece of property. Mr. Vogt indicated that he had done an extensive title search of this property and found nothing pertaining to the boat house. Mr. Vogt informed the Council that there are eight similar structures in his neighborhood on Fagerness Point. One of the boat house structures is being used as a rental unit. Mr. Vogt said that tearing down the structure would create quite a hardship because it would devaluate his property. The structure is built into the hillside so removal would not have an impact on hardcover. 40 Councilmember Goetten said that it is important that the - 11 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 ZONING FILE #1483 -VOGT CONTINUED do and condition of this structure will now be on record with the City. Goetten said that due to the fact that this structure is helping to support the lakeshore bank, it should not be removed. Goetten said that she would like to see a report from a structural engineer. Goetten asked Mr. Vogt to explain the water sources that are connected to this structure. Mr. Vogt said, "There are two water sources of water going into that beach house structure. At one time a lake pump was used, but it is now broken. There is also a cut -off for the well up at the house that feeds down to this system." Goetten said that Council should address the issue of lake pumping. Mr. Vogt said that he has no intention of repairing the lake pump. Goetten indicated that if this application is approved, there be no additional structural repairs allowed. Mayor Grabek said that after - the -fact situations present a difficult dilemma. The structure is located on the shoreline and violates the intent of the 0 -75' setback Ordinances. Councilmember Goetten indicated that the structure has . existed for approximately 40 years. Zoning Administrator Mabusth referred the Council to a March 7, 1990 memo from the Building Inspector regarding his inspection of the structure. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to allow the accessory structure to remain with no future structural repairs allowed. An updated survey must be submitted and the water supply should be entirely eliminated. Goetten said that the hardship is that the structure has gone undetected for approximately 40 years and though it cannot be structurally repaired, it would be unfair to ask the Vogts to remove it. Councilmember Callahan asked whether eliminating the water supply from the well was included in the motion? Goetten indicated that she had stated that all water sources be eliminated. Callahan suggested that the stove, refrigerator and sink be removed and that no additional facilities, bath or kitchen, be added. Callahan also suggested that a structural engineer's report be submitted. Councilmember Goetten agreed to include those additions in her motion, Peterson seconded. Motion, Ayes -4, Nettles, Nay, Motion passed. - 12 - • �y MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 • #1486 SUSSEX SQUARE DEVELOPMENT 3020 FOX STREET PRELIMINARY SUBDIVISION DENIAL RESOLUTION #2767* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2767, denying the amendment of the original subdivision approval for Sussex Square Development. Motion, Ayes -5, Nays -0, Motion passed. #1488 JOHN ROGERS 755 TONRAWA ROAD CONDITIONAL USE PERMIT RESOLUTION #2768 Mayor Grabek noted that City Attorney Barrett is a relative Mr. Rogers, and that he will remove himself from the panel and any discussion of this matter. Mr. Rogers was present for the review of this application. City Administrator Bernhardson explained this application for a conditional use permit for a guest house use. Mr. Rogers submitted a letter to the Council requesting that a conditional use permit not be required. Mr. Rogers said that he did not understand that the conditional use permit would • require the sewer assessment and SAC charges to be paid. Mr. Rogers intended to use the existing sewer line for the principal structure for the guest house. Mr. Rogers said that he had appeared before the Planning Commission and Council approximately one year ago when he applied for variance approval to construct an attached garage. Mr. Rogers felt that he had made the Council aware of his intended use of the detached structure at that time. Mr. Rogers recollected that the aspect of sewer charges was not discussed at all in that review. Mr. Rogers said that this will not be a typical guest house. He said that he would be willing to legally assure the Council that the structure will be used only for family use. Councilmember Goetten asked Mr. Rogers if water is being connected to the structure? Mr. Rogers replied, "Yes." Goetten informed Mr. Rogers that a water connection leads to the requirement for a conditional use permit. Goetten said that Council's concerns go beyond what Mr. Rogers may do with the structure. Goetten said that the structure is being converted from a garage to living quarters. Mr. Rogers' builder informed the Council that the water supply for the accessory structure will come from the principal structure. - 13 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 ZONING FILE #1488- ROGERS CONTINUED It was moved by Councilmember Nettles, seconded by Mayor is Grabek, to adopt Resolution #2768, granting a conditional use permit for John E. Rogers, 755 Tonkawa Road, with sewer hook up. Mr. Rogers' builder asked why it would not be up to any future subdivider /developer of the property to pay the sewer charges at the time of subdivision? Mabusth explained that it was a requirement of the Code that sewer charges be paid at the time the conditional use is granted. Mabusth also noted that it may be beneficial for Mr. Rogers to pay the sewer charges at this rate rather than paying an inflated amount in the future. Mr. Rogers asked if a kitchen may be added at a later date? Mabusth replied that the kitchen may be added, but that a separate building permit must be obtained to do so. Motion, Ayes -5, Nays - 0, Motion passed. #1490 K -P PROPERTIES 340/350 NORTH ARM LANE PRELIMINARY SUBDIVISION Mr. Don Peterson was present for the review of this matter. City Administrator Bernhardson explained the purpose of the lot line rearrangement sought with this application. Bernhardson stated some of the historical facts surrounding this property and North Arm Lane. The Planning Commission had recommended denial of the lot line rearrangement due in part to their belief that 17' of right -of -way should be dedicated to the City for a future • road. The Planning Commission, during their review of this matter, had asked whether it would be possible to dedicate 8.5' in lieu of 17'. At that time, staff felt that even 8.5' would interfere with the area required for the on -site septic system. Bernhardson stated that further review of the site has indicated the possibility of locating the septic sites in a way that would allow the dedication of 8.5' of right -of -way. Bernhardson suggested that should this matter be approved, it be conceptually approved because the potential sites must be tested in the spring. Mabusth informed Council that should they require Mr. Peterson to dedicate 17', Mr. Peterson would withdraw his application. Mabusth suggested that the dedication of 8.5' was better than no dedication from this property at all. Mr. Peterson noted that if there is to be a dedication of 8.5' a 10' variance will be required because 20' is required from the road right -of -way to a septic system. Mr. Peterson showed the Council where the new septic locations will be on the properties. Mr. Peterson indicated that he had no objections to staff's recommendations. Councilmember Callahan asked for clarification regarding the 10' variance for the septic system setback. - 14 - 0 MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 • ZONING FILE #1490 -K -P PROPERTIES CONTINUED Mabusth replied that the variance applies to the Septic Code Sections which is more of an administrative function of the On- site septic specialist, which in Orono is Michael Gaffron. Callahan asked whether it would be possible to allow more of a variance and obtain 17' of right -of -way? Gaff ron said that 10' should be maintained between the base of the mound and the right -of -way where some disturbance may occur. Callahan said that due to the present and expected future subdivisions that will be occurring in this area, dedication of roadway is important. Mabusth informed Council that the lot width variance being sought for Lot 2 has been reduced. Planning Commission Representative Kelley stated that Lot 1, as is, could sustain a two - bedroom house. The Planning Commission was making the point that there are some lots in Orono that are not suitable for large houses. Taking 17' of right -of- way would not render Lot 1 unbuildable. It was moved by Mayor Grabek, seconded by Councilmember • Nettles, that the amended proposal for a preliminary subdivision of a lot line rearrangement be approved. Approval is subject to the applicant's on -site evaluator submitting a septic design for primary and alternate septic sites. Motion, Ayes -4, Callahan, Nay, Motion passed. #1489 F. JOHN HARDIN 1496 PARK DRIVE VARIANCE Mr. Hardin was present for this matter. City Administrator Bernhardson provided the Council with information regarding this application for variances for an oversized accessory structure. Mr. Hardin stated that he wished to fill in the corner of the existing structure. The slab already exists, it is only a matter of the additional structure. Mr. Hardin said that there has been no opposition expressed by any of his neighbors. Mayor Grabek asked why the Planning Commission had recommended denial of this application? Councilmember Callahan recollected that denial was based on the fact that the Accessory Structure Ordinance had just been • adopted. Callahan said that it appears Mr. Hardin had the - 15 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 ZONING FILE #1489 - HARDIN CONTINUED • additional slab poured with the intention of requesting variance approval and completing the building at a future date. However, the Ordinance changed after the slab was poured and Mr. Hardin now requires two variances. Councilmember Goetten said that allowing Mr. Hardin to pour the additional slab was almost guaranteeing him that he would be able to put structure over it. Mabusth noted that in the area where Mr. Hardin resides, hardcover is not an issue. The issue is the structure itself. At the time Mr. Hardin constructed the building, he met the requirements of the Accessory Structure Ordinance in effect at that time. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to approve the variances to allow an oversized accessory structure for Mr. John Hardin. Councilmember Goetten was sympathetic to Mr. Hardin's need for the extra space and complimented him on the appearance of the building. Goetten said that there is no demonstrated hardship to warrant the variances. Councilmember Peterson asked for clarification regarding the notation "garage new position ", shown on the survey. Mr. Hardin explained that he had moved the existing garage to that location prior to constructing the new building. Callahan interpreted the purpose of the Accessory Structure Ordinance had to do with the • aesthetics of structures on a lot. If aesthetics are the focus, then Mr. Callahan believed that this accessory structure would look more pleasing if the corner were filled in. Motion, Ayes - 3, Peterson, Goetten, Nay, Motion passed. #1491 JACK RHODE 1690 SHADYWOOD ROAD RENEWAL VARIANCE RESOLUTION #2769 This matter had been approved as part of the Consent Agenda. Councilmember Goetten indicated that she had intended to remove this item for discussion, but had overlooked this item she had circled on her agenda. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to remove this item from the Consent Agenda so that it may be discussed. Motion, Ayes -5, Nays -0, Motion passed. City Administrator Bernhardson explained the facts involved with this renewal variance and added that the applicant had submitted a building permit application. Councilmember Goetten stated that she was not aware that the applicant had already submitted an application for the building - 16 - • MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 • ZONING FILE #1491 -RHODE CONTINUED permit. Goetten said that may omit the possibility of any further consideration of this matter. Bernhardson advised that the building permit has not been issued. Goetten said that in light of the nature of other items on the agenda this evening, she felt that this item should not have been on the Consent Agenda, but that there be an opportunity for it to be discussed. It was moved by Councilmember Goetten, seconded by Councilmember Callahan, to adopt Resolution #2769, approving the renewal variances sought originally in application #1381. Motion, Ayes -5, Nays -0, Motion passed. 11494 FRANCIS LIGHTLY 3585 FREDRICK STREET VARIANCE REFERRAL BACK TO PLANNING COMMISSION* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to refer application #1494, Francis S. Lightly's variance application for the property located at 3585 Frederick Street for reconsideration by the Planning Commission at their March 19, 1990 meeting for the purpose of reviewing and • making a recommendation regarding the amended proposal. Motion, Ayes -5, Nays -0, Motion passed. JOINT USE DOCK LICENSES RESOLUTIONS #2770 THROUGH #2777* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, adopt Resolutions #2770, #2771, #2772, #2773, #2774, #2775, #2776 and #2777 for Foxhill Homeowners, Minnetonka Power Squadron, Walters Port, Sandy Beach, Victoria Estates, Rhode /Enlow /Lindahl, Forest Arms, and Navarre Cove respectively. Motion, Ayes -5, Nays -0, Motion passed. CITY ENGINEER'S REPORT: There was no City Engineer's Report for this meeting. MAYOR /COUNCIL REPORT: Mayor Grabek indicated that he had no report for this meeting. There was no report from the Council. • - 17 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 CITY ADMINISTRATOR'S REPORT: STUBBS BAY SEWER PROJECT City Administrator Bernhardson presented information outlining an alternate process for ordering and adopting the project. The process would allow the City to determine the number of appeals that may exist prior to the project being ordered. Staff is recommending that this process be used to gauge the City's risk involved with the project before it proceeds. In addition, Bernhardson presented a draft letter and petition that would be mailed to the affected property owners. Bernhardson asked the Council to review and comment on the letter and petition. Bernhardson said that financing of the project is a third consideration. Bernhardson provided information regarding the City's contributions for past sewer projects. Bernhardson also presented the Council with letters received from property owners that wish to be exempt from the project. Mr. Steve Whitman, 3620 Eileen Street, had a sketch showing the properties that are requesting to be exempt from. this project. Mr. Whitman said that he has a septic system that is fully functional and has adequate land to expand if necessary. Mr. Whitman did not feel that the cost of the sewer project would be proportionate with the increase in his property value. Mayor Grabek informed Mr. Whitman that Council would have a better perspective on the properties that should be included or excluded from the project by the March 26th Council Meeting. Mayor Grabek agreed with staff's recommendations. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to accept staff's recommendation for the process for this project, which limits the City's risk as much as possible. Motion, Ayes -4, Peterson, Nay, Motion passed. Mr. John Theise suggested to the Council that it is unlikely that 70a of the property owners involved in this project will agree to the project. Councilmember Callahan and City Administrator Bernhardson indicated that 70% approval was not necessarily significant at this point. Councilmember Callahan indicated that he opposed the City contributing to this project but recommended delaying any further decisions until there is more information regarding the cost of the project. 11 • • MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 • STUBBS BAY SEWER CONTINUED It was moved by Councilmember Callahan, seconded by Councilmember Nettles, that the letter sent to residents indicate that the City is not interested in contributing to the project. Motion, Ayes -4, Peterson, Nay. Motion passed. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to table the issue of the property owners wishing to be exempt from this project until the March 26th Council Meeting. Motion, Ayes -5, Nays -0, Motion passed. CIGARETTE VENDING MACHINES City Administrator Bernhardson briefly reviewed the status of this issue. After review of this matter with the City Attorney, it is recommended that the ordinance be amended to allow on -sale licensees in the City of Orono to have cigarette vending machines. This would only allow Jimmies Lounge and the Wayzata Country Club to have cigarette vending machines. Mayor Grabek indicated that he would prefer to have cigarette vending machines banned entirely from Orono. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to ban cigarette vending machines from Orono. Mayor Grabek asked City Attorney Barrett if there are any legal problems with such a proposal? Barrett replied that many cities • have passed ordinances totally banning cigarette vending machines. Barrett noted that some of those cities have been sued, but advised Council that they could probably uphold the ordinance. Motion, Ayes -4, Peterson, Nay, due to her belief that it is not the duty of an elected official to do the educating on the ills of cigarette smoking. Motion passed. NAVARRE MASTER PLAN CONSIDERATION City Administrator Bernhardson presented information to Council regarding the estimated cost to complete master planning in the Navarre area. Councilmember Nettles asked whether anyone in Navarre has expressed interest in redevelopment? Bernhardson replied that there does not seem to be any parties interested in redevelopment. He said there may be interest in the development of a long term plan. Mayor Grabek said that he is concerned that there is no specific plan for that area. He felt that the City had somewhat of a responsibility to provide that. Grabek asked what provisions the City could use to require that any development plan be upheld? • City Attorney Barrett replied that the best way to provide a - 19 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 NAVARRE MASTER PLAN CONTINUED means to have any plan upheld would be to do a Comprehensive Plan • Amendment and establish zoning ordinances that would address aesthetic control. Mayor Grabek suggested tabling this matter and requesting that staff provide a proposal of what can be done once a plan is put in place. Councilmember Goetten indicated that she would like to see some costs involved with that process. Councilmember Peterson asked if $18,500 has already been spent on this issue? Bernhardson replied that is correct. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to table this item for a maximum of 90 days to allow staff time to prepare information regarding the options available for the City once a redevelopment plan for Navarre is in place. Motion, Ayes -5, Nays -0, Motion passed. ENGINEER - SERVICE REVIEW City Administrator Bernhardson presented the Council with information regarding the current Engineering services provided and possible alternatives. • Councilmember Goetten indicated that she would like to have a cost comparison for an in -house engineer, including support staff . This was an information item and there was no motion. WATER CONSERVATION REGULATIONS City Administrator Bernhardson informed the Council that the water conservation regulations that were imposed last year will be reinstated April 15th. Mayor Grabek asked if the City's regulations addressed pumping from the lake? Bernhardson replied that the regulation prohibits the use of any water source on an odd /even basis. Grabek indicated that there were opinions to the effect that pumping from the lake has an insignificant impact on the lake. Goetten said that prohibiting pumping from the lake reminds residents that the lake water is a precious resource and should be used carefully. Goetten said that anything the City can do to safeguard the lake is important. - 20 - • MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 • WATER CONSERVATION REGULATIONS CONTINUED Bernhardson said that regulating the withdrawal of water from Lake Minnetonka is a function of the DNR. Bernhardson suggested that there may be a way for the City to impose controls if the withdrawal is considered from a sanitation view point. Mr. Theise asked whether it is not better to use the lake for watering rather than take water from a pure source and the aquifer by using a well. Mayor Grabek suggested that this issue be further reviewed, but that the water conservation regulations imposed last year be reinstated April 15, 1990. This is an informational item and there was no motion. 1990 COMPOSTING City Administrator Bernhardson presented an outline of the considerations involved with a composting program. Bernhardson indicated that he should have some cost estimates for the program soon. Councilmember Peterson asked Public Works Director Gerhardson if he has been approached by Long Lake, Minnetonka Beach or Spring Park to use Orono's composting facility? • Gerhardson replied that Long Lake has expressed interest. EURASIAN MILFOIL PROGRAM - CITY PARTICIPATION* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to allow LMCD to use the Lydiard Avenue Swimming Beach for off - loading of mil -foil for a one week period during the summer of 1990, contingent upon approval of the adjacent neighbors and no adverse impact on the swimming activities, and to allow the disposal of an agreed upon amount of mil -foil at the Orono compost site. Motion, Ayes -5, Nays - 0, Motion passed. HAZARDOUS BUILDING ACTION 2405 DUNWOODY AVENUE, 3865 SHORELINE DRIVE, 3875 SHORELINE DRIVE AND 3877 SHORELINE DRIVE RESOLUTION #2778, #2779, #2780 AND #2781* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolutions #2778, #2779, #2780 and #2781 for Hazardous Building Action for 3865 Shoreline Drive, 3875 Shoreline Drive, 3877 Shoreline Drive and 2405 Dunwoody Avenue respectively. Motion, Ayes -5, Nays -0, Motion passed. 1989 CORPORATE REPORT* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to accept the 1989 Corporate Report for • the City. Motion, Ayes -5, Nays -0, Motion passed. - 21 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 POLICE VEHICLE ACQUISITION • Councilmember Peterson asked if the information being presented could be typed to appear more legible? Bernhardson said he would have the information typed. Peterson asked whether the Police Department was considering the purchase of a vehicle for the canine unit in 1991? Bernhardson indicated that he did not believe that was proposed, but would look into the matter further. Peterson suggested that one of the Lieutenant's squads with higher mileage be replaced rather than the Chief's squad that has less mileage. Peterson felt that due to the Lieutenants being on the street patrolling, that they should have a vehicle that will be more dependable. Bernhardson replied that the Chief's squad is older and would be turned over for the Reserves to use. The Lieutenant's squad though it has more miles, is not as old and is in better condition. Councilmember Goetten asked when the Lieutenant would be scheduled to receive a new car? Bernhardson indicated that to the best of his knowledge, the • Lieutenant would get a 1989 vehicle in 1991 and would receive a new vehicle in 1992. Councilmember Peterson asked Bernhardson what constituted "an extended period of time" for a squad to be out of service before the Chief's squad would be used. Bernhardson replied that an extended period of time would refer to a situation where a squad is "totaled" and another squad is not immediately available for purchase. It was moved by Councilmember Peterson, seconded by Councilmember Goetten, to give one of the three new squads to the Lieutenants in light of the fact that Chief Kilbo's squad does not have that many miles on it and that the Lieutenants should have a vehicle that will be more dependable. Mayor Grabek asked whether there has been any indication that the Lieutenants cars are not safe and dependable? Bernhardson was not aware of any concerns regarding the safety of the vehicles driven by the Lieutenants. Grabek suggested that the recommendation of the Police Chief and City Administrator should be approved, unless there is a specific reason to do otherwise. Peterson said that it is difficult to make any other determinations because the information presented is difficult to decipher and understand. Bernhardson explained that he had written page one of the - 22 - • , . • . . . MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 • POLICE VEHICLE ACQUISITION CONTINUED attachment in 1988. Bernhardson felt that having the information typed up would perhaps lead Councilmember Peterson to believe the information had been gathered recently rather than having been planned some time ago. Peterson indicated that she would like to be provided with information explaining how the determination is made to replace the squads. Bernhardson said that with the exception of 1988, three squads are replaced every year. Bernhardson said there are five squads assigned to patrol officers which accumulate the majority of the miles driven. Callahan indicated that if there is an established method for replacing the squads, that the assignment of the vehicles should be left to the discretion of the Police Department. Callahan said that Peterson's motion may interfere with the regular functions of the Police Department and questioned whether it was Council's place to do that. Motion, Ayes -2, Grabek, Callahan, Nettles, Nay. Motion failed. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to accept the recommendation to continue with the Master Plan of replacement developed in 1987 and that the Master Plan be presented in a form that is more easily read and understood. Motion, Ayes -3, Peterson, Goetten, Nay. Motion passed. 1990 WAYZATA FIRE CONTRACT Councilmember Callahan asked what area of Orono the Wayzata • Fire Department served? Bernhardson informed Callahan that the Wayzata Fire Department served the area off of North Ferndale and a portion of West Ferndale. Callahan said that it appears the City of Long Lake is proposing to build a new facility for its Fire Department. Callahan anticipated that Orono may be asked to assist with the funding of the new facility. Callahan indicated that he is not in favor of supporting the new facility. He suggested that Orono be prepared to have an alternate source of fire coverage should Long Lake decide not to serve Orono. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to approve the fire service contract with the City of Wayzata for 1990. Callahan directed staff to look into an alternate source of fire service should Long Lake wish to terminate its agreement with Orono. Motion, Ayes -5, Nays - 0, Motion passed. SECRETARIAL EMPLOYMENT* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to confirm employment of Theresa Stahl as Secretary effective March 12, 1990, at a starting rate of $9.795 • per hour (Level 4, Step I) with a position and salary review - 23 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 SECRETARIAL EMPLOYMENT CONTINUED • after six months. Motion, Ayes -5, Nays -0, Motion passed. POLICE PART TIME SECRETARY SALARY REVIEW Bernhardson informed the Council that this individual had received a 4% increase at the beginning of 1990. Bernhardson said that he is still recommending a step increase to $6.64 per hour. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to approve the increase of the part time police secretary to $6.64 /hour effective 1/1/90. Motion, Ayes -5, Nays - 0, Motion passed. PUBLIC WORKS SUPERVISOR* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the re- classification of position of Public Works Supervisor II to Level 10 and additionally approves an increase in compensation level for Mr. Jack Brinkhaus as holder of that job position to $17.389 retroactive to August 29, 1989 which is the date Mr. Brinkhaus began performing in that position. It is also moved that there be a performance and salary review on the one year anniversary. Motion, Ayes -5, Nays -0, Motion passed. JOINT COUNCIL /PLANNING COMMISSION MEETING • It was agreed that the Joint Council /Planning Commission Meeting would be held on Saturday, April 7, 1990 at 8:30 a.m. BID AWARD STREET SWEEPER Councilmember Peterson indicated that proposed expenditures as large as this should not be placed on the Consent Agenda. Peterson asked Public Works Director Gerhardson whether he has approached other cities regarding a shared use of the street sweeper. Gerhardson replied that Spring Park indicated they were very interested. Gerhardson said he has discussed the matter with Long Lake but they have not indicated their position. Councilmember Goetten asked how long the street sweeper will last? Gerhardson replied that it should last 15 years. Goetten asked how the purchase of this sweeper will benefit Orono? Gerhardson replied that purchasing the equipment will save the City money in the long term and will allow for an increased street sweeping program. - 24 - • MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 BID AWARD STREET SWEEPER CONTINUED Councilmember Callahan asked whether it will be necessary to employ an extra person to operate the sweeper? Gerhardson replied that will not be necessary. Mayor Grabek asked Councilmember Peterson if she wished to set a specific dollar amount for expenditures that can and cannot be placed on the Consent Agenda? Grabek noted that budgeted items that are placed on the Consent Agenda may be removed and discussed if Council feels it is necessary. Gerhardson suggested that items requiring sealed bids not be allowed on the consent agenda. He said that would not allow anything over $15,000 to be placed on the Consent Agenda. Councilmember Callahan suggested that budgeted items under $50,000 be allowed to be placed on the Consent Agenda. Councilmembers Peterson and Goetten thought that amount is too high. Councilmember Peterson suggested $15,000. Councilmember Callahan suggested trying $15,000 on a temporary basis to see how effective it is. • It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to not allow any expenditure over $15,000 to be placed on the Consent Agenda. Councilmember Goetten asked if the fact that only one bid was received for the sweeper presents any concerns? Gerhardson replied that the bid received is fair and reasonable. Motion, Ayes -4, Grabek, Nay, Motion passed. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to award the bid to MacQueen Equipment Company of St. Paul for one new street sweeper for an amount not to exceed $66,956.00. Motion, Ayes -5, Nays -0, Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to accept the City Administrator's Information regarding: Highway 12 Corridor Status; LOGO; Westonka Pool; 1972 Shadywood Road; Administrator's Vacation; Goals and Objectives; January Receipts & Disbursements; and Wire Transfers Motion, Ayes -5, Nays -0, Motion passed. CITY ATTORNEY'S REPORT: City Attorney Barrett had no report for this meeting. 0 - 25 - MINUTES OF ORONO COUNCIL MEETING HELD MARCH 12, 1990 LICENSES Councilmember Goetten indicated that she had spoken to a conservation officer regarding leg hold traps. The officer's concern is that trapping beaver in the Spring, also causes their offspring to drown. He suggested to Councilmember Goetten that trapping be done in the fall. Goetten asked that this be taken into consideration. Bernhardson suggested that the March 15 to April 30 time period may address that period. Bernhardson said that he would look into the matter further. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to approve the following license(s): Home Occupation: Dale R. Pfeilsticker 1830 Lakeview Terrace Special Event: The Bank Wayzata Annual Half Marathon Foot Race Wayzata to Excelsior May 6, 1990 -9:00 a.m. to noon Limited Leghold Trap Permit: Michael & Sally Bosanko 2090 Shoreline Drive Motion, Ayes -4, Councilmember Goetten, Nay, Motion passed. BILLS* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve payment of the All Funds Account. Motion, Ayes -5, Nays -0, Motion passed. ADJOURNMENT 10:32 P.M. It was moved by Councilmember Nettles, seconded by Mayor Grabek, to adjourn the Regular Council Meeting at 10:32 p.m. Motion, Ayes -5, Nays -0, Motion passed. Jam as R. Grabek, ayor - 26 - r • •