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HomeMy WebLinkAbout02-08-1993 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1993 ROLL The Council met on the above date with the following members present: Mayor Callahan, Councilmembers Charles Kelley, J. Diann Goetten, and Gabriel Jabbour. JoEllen Hurr was absent. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Building & Zoning Administrator Jeanne Mabusth, Septic Manager Stephen Weckman, City Attorney Kevin Staunton, City Engineer Glenn Cook, Police Chief Stephen Sullivan and City Recorder Teri Naab. Ed Cohen was present to represent the Planning Commission. Mayor Callahan called the meeting to order at 7:30 P.M. ( #1) CONSENT AGENDA Goetten added Item #20. Jabbour added Items #11 and 12. • It was moved by Goetten, seconded by Jabbour, to approve the Consent Agenda as amended. Ayes 4, nays 0. is Motions for all items adopted by consent agenda will be included In the minutes in their respective numerical order. (*#2) APPROVAL OF MINUTES It was moved by Goetten, seconded by Jabbour, to approve the minutes of the regular meeting of the Council held on January 25, 1993. Ayes 4 nays 0. PARK COMMISSION COMMENTS Kelley asked if the Commission is still working on the bike trail. Gerhardson noted they are and Hennepin County has approved a contract, which the City Attorney will be reviewing, and then a report will be made to the Council. PUBLIC COMMENTS There were no comments. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1993 0 ZONING ADMINISTRATOR'S REPORT ( #3) #1768/ #1786 WILLIAM & RHONDA OMLIE, 1860 SHADYWOOD ROAD - CONDITIONAL USE PERMIT /VARIANCE Rolland Toenges and Ken Larson were present to represent the applicants. Mabusth reviewed that the applicants seek approval of a hardcover variance In the 75 -250' zone, and a conditional use permit for land alterations in excess of 100 cubic yards. The application has been amended by reducing hardcover in the 75 -250' zone from 30.7% to 28.1 %, no additional proposed hardcover in the 250 -500' zone, and a reduction to 250 -300 cubic yards of fill. Toenges reviewed the events leading to the request of the applicants. He noted they originally had worked with an incorrect survey which lead to incorrect assumptions about the allowed hardcover. Structural problems with the house forced the project ahead. Larson reviewed the proposal and noted the patio area proposed • formerly was a hardcovered area and does not increase hardcover. Jabbour stated the area where the patio is proposed was considered non - structural hardcover, and was never approved by the City. Mabusth noted the structure did meet all setbacks and did not exceed allowed hardcover standards. Jabbour asked how the proposed drive is safer than the one approved with the building permit. Larson indicated the proposed drive allows for forward access onto a County Road. He noted his clients wish to create an aesthetically pleasant entryway. Jabbour felt the original driveway design is safer and he felt the entire reason for the proposed drive is exclusively aesthetics. Larson noted the proposal reduces the slope from the edge of the drive from approximately 4' to a very small drop to the retaining wall area. Goetten felt the turnaround would be safer and easier to use. • F, • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1993 r1 U ZONING FILES #1768/ #1786 - CONT. Mayor Callahan understood there is a large volume of traffic on the property. Toenges clarified that the applicants do entertain frequently and Dr. OmIIe must have easy access from the property in the case of an emergency. Jabbour felt the island may create more of a hardship in maneuvering the driveway. Kelley stated this is a classic example of overbuilding on a lot. He noted they proposed five garages, and suggested that one be eliminated. He said planning for this property should have been done prior to application for the permit. Jabbour noted It is up to the applicants to demonstrate a hardship for the granting of the variance. He felt the applicants created the hardship. Toenges stated the hardship has always existed with the access onto the County Road. Mayor Callahan suggested the family is too large for the lot. Larson indicated a portion of the hardcover percentage is landscape areas underlain with fabric. He added, the retaining wall and siopage benefits the lower area and the lake by slowing erosion. Mabusth noted staff issued the building permit and later realized the need for steps which had not been included, which increased the approved hardcover by .2 %. Goetten stated the applicants have made a good faith effort to reduce their proposal. She reiterated a turnaround drive is safer for access. She noted there is no increase in the 250 -500' hardcover. She inquired whether the fabric under the landscape areas could be removed. Larson stated that could be eliminated which would reduce the hardcover by approximately 250 s.f. Jabbour reiterated his approval of the original driveway design approved with the building permit, and felt, if the application is approved as proposed, would set a negative precedent. He felt the project is 100% aesthetic and 0% safety. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD FEBRUARY 8, 1993 ZONING FILES #1768/ #1786 - CONT. Kelley noted even with the originally approved design, hardcover may exceed the allowed by providing the necessary retaining walls. It was moved by Goetten, to approve Applications #1768 & #1786 for Dr. William and Rhonda Omiie. Motion failed due to the lack of a second. It was moved by Kelley, seconded by Jabbour, to deny Applications #1768 & #1786 for Dr. William and Rhonda Omiie, due to insufficient hardship. Ayes 3, nays 1. Goetten voted nay. Kelley inquired to the procedure for the applicants to follow. Mabusth stated they would have to wait six months to submit a new application if hardcover exceeds the allowed. Larson suggested the elimination of the deck to further reduce hardcover. It was moved by Jabbour, seconded by Kelley, to reconsider Applications #1768 & #1786. Ayes 4, nays 0. It was moved by Jabbour, seconded by Kelley, to approve a variance for Dr. William and Rhonda Omlie, 1860 Shadywood Road, to allow up to 200 s.f. in excess of the 25.2% approved with the building permit, for the installation of retaining walls to support the driveway. Ayes 3, nays 1. Goetten voted nay. ( #4) #1778/ #1779 ANDREW GOETTEN, 1385 FOX STREET - REVISED VARIANCE & PRELIMINARY PLAT APPROVAL - SPECIAL LOT COMBINATION J. Diann Goetten removed herself from the Council Chambers and any discussion regarding this item. Andrew Goetten was present. Moorse reported on Friday staff received a number of changes to the documents, of which two are substantive: 1. The applicants want to retain the use of the Lakeshore out Iot which is to be combined with the vacant Iot, until such time a residence is built. He noted the code requires a property to contain a principal residence prior to an accessory structure. 11 4 . ♦ . . • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1993 ZONING FILES #1778/ #1779 - CONT. 2. The applicants want a guarantee that if in the future there are changes In zoning or land use applicable to this property, the special lot combination agreement would remain in force. Moorse stated language can be drafted acceptable to both the applicants and the City. Jabbour felt the Goettens should be allowed use of the riparian out lot as long as ail subject property is held in common ownership. He felt It would be unreasonable for the City to force the Goettens to sell the vacant lot so a residence could be built and the out lot used. Mayor Callahan inquired as to the normal policy on this issue. Mabusth stated the common ownership of the lots makes the request reasonable. It was moved by Mayor Callahan, seconded by Jabbour, to direct staff to redraft the appropriate resolution and special lot • combination for Applications #1778 & #1779 for Andrew Goetten, 1385 Fox Street, clarifying the riparian rights issue and guaranteeing future rights of the property, subject to the City Attorney's review and approval. Ayes 3, nays 0. • ( #5) #1787 ROBERT L. WAADE, 998 WILDHURST TRAIL - CONDITIONAL USE PERMIT - RESOLUTION 03228 Mr. & Mrs. Robert Waade were present. Mabusth explained this is a request for a conditional use permit for a non - rental guest apartment. The Planning Commission was concerned that access to the apartment did not meet the standard for access, which must be through the principal structure. The applicants, at that meeting, agreed to relocate a wall making the entrance within the principal structure. She felt the Planning Commission was also concerned with the size and the kitchen within the apartment. She noted the Planning Commission recommended a condition to limit approval to the current owner, requiring any future owner to appear before the Council for approval to continue use or remove the kitchen area. Mr. Waade noted he has built many homes with this type of apartment and has never been asked to limit approval to current owners. 1•.1 • r. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1993 ZONING FILE #1787 - CONT. Goetten indicated the City has never requested this type of stipulation. Cohen reiterated the Planning Commission's concern with the size and kitchen area of the apartment. He felt this would be an ideal rental situation because of the access. Mrs. Waade noted access to the apartment is through the only back doorway to the house. Mabusth said an approval resolution would be filed in the chain of title indicating conditions of approval. It was moved by Jabbour, seconded by Goetten, to adopt Resolution 3228 for Application #1787 for Robert L. Waade, 998 Wildhurst Trail, for a conditional use permit for the construction within the principle residence of a non - rental guest apartment. Ayes 4, nays 0. ( #6) #1789 LIBBIE HOPWOOD, 1205 LAKEVIEW AVENUE - VARIANCES - RESOLUTION #3229 Britt Goetze, Jr. was present. Mabusth reviewed the original structure was destroyed by a fire, and the applicant seeks an area and setback variances to rebuild within the same building envelope. It was moved by Jabbour, seconded by Kelley, to adopt Resolution #3229 for Application #1789, Libbie Hopwood, 1205 Lakeview Avenue, for area and setback variances to construct a new residence. Ayes 4, nays 0. ( #7) 01790 MINNETONKA CENTER FOR THE ARTS, 2040 NORTH SHORE DRIVE - VARIANCE - RESOLUTION 03230 Mr. Martinson was present. 0 Mabusth stated the applicant seeks a variance because a sign is considered an accessory structure, and the code requires any signage on a property to support the principal use of the property. The direction sign is to be placed on a residential property. The code does not allow for directional signs. She noted the County has approved the location. • 6 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1993 ZONING FILE #1790 - CONT. Martinson stated the hardship is the difficultly in directing students unfamiliar with the area. Jabbour felt it better to allow the directional sign than to have vehicles trying to turn around in the area. It was moved by Goetten, seconded by Mayor Callahan, to adopt Resolution #3230 for Application #1790 Minnetonka Center for the Arts, 2040 North Shore Drive, for a variance to allow the Installation of a directional sign on a residential property. Ayes 4, nays 0. ( #8) #1791 BLAKE BICHANICH, 322 WESTLAKE STREET - VARIANCE - RESOLUTION #3231 Blake Bichanich was present. Weckman reviewed the two properties are owned in common and the applicant proposes the addition of an entrance to one structure, and a basement to the other. A tower will join the two structures together. The property has been assessed one sewer unit, and connection will be a condition of approval. Goetten asked if the shed in the 0 -75' zone is movable. She noted the structure is considered non - conforming. Bichanich stated that has been there a long time and could not easily be moved. It was moved by Jabbour, seconded by Kelley, adopting Resolution #3231 for Application #1791 for Blake Bichanich, 322 Westlake Street, approving a side setback variance for the renovation of existing structures, noting the non - conforming status of the structure in the 0 -75' zone. Ayes 4, nays 0. ( #9) #1792 DON GRONBERG, 110 LEAF STREET - VARIANCES Mark Gronberg was present. Is 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1993 ZONING FILE #1792 - CONT. Mabusth explained due to the newly adopted shoreland regulations, the building envelope encroaches the Lakeshore protected area. The City has approved a 25' right -of -way width for Leaf Street, thereby reducing the street setback. She noted during the Planning Commission review there was discussion of the ponding area and Mr. Gronberg suggested that if the dam were removed, the setback would be met. She indicated it is unlikely the dam will ever be removed. She noted the deck is proposed at 25' from the lakeshore, and 55' for the principal structure. The footprint of the house is 3,700 s.f., which Is well above the average in the neighborhood. Mayor Callahan asked if it were possible to locate the house on the lot meeting the Lakeshore setback. Gronberg noted other properties along Leaf Street have provided the 33' right -of -way, thus making those homes 8' further back on the property than this one will be. He stated the house is 2,200 s.f. plus the garage and deck areas. He noted the setbacks of other houses along the creek. He added the DNR's recommendation was a 50' setback. • Jabbour noted the DNR recommended a 50' setback for the entire lake area, but Orono felt a 75' setback was more beneficial. Goetten inquired how much further back the house would have to be to meet the setback. Jabbour stated this area Is zoned 2 acre minimum to accommodate septic requirements, but since sewer Is provided, he felt it would be better to reduce the side lot line, and maintain the required lakeshore setback. It was moved by Mayor Callahan, seconded by Goetten, to table Application #1792 for Don Gronberg, 110 Leaf Street, to allow the applicant time to reconsider his proposal. Ayes 4, nays 0. ( #10) #1795 LUANN WALTERS, 3800 WAYZATA BOULEVARD - CONDITIONAL USE PERMIT LuAnn Walters, Cliff Otten and Doug Otten were present. .7 8 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1993 ZONING FILE #1795 - CONT. Mabusth explained the applicant proposes a day care center with limited catering. The applicant has expanded the proposal to 70 student /teacher limit. The number of persons allowed will be limited by State allowances, the water use and the limitations of the septic system. The City Engineer has recommended traffic flow to the outer edge of the property, but the applicant was concerned with that pattern and has proposed parking spaces, with no drop off area. The County has encouraged access to the property further to the east along County Road 6, and the County does not want to encourage parking spaces established along the right -of- way /property line. She noted water usage will be monitored through a meter. She noted the applicant has provided for 13 parking spaces, but only 8 are required. Kelley stated he felt the site unsafe for a day care. He felt this represents an intensification of the original use. Jabbour said It is a permitted use in this zone. . Kelley indicated this is a dangerous situation and he could not approve it because of health, safety and the welfare reasons. He felt the area is not suitable for a day care. • Cliff Otten stated he thinks the proposal will work. He noted the stop light slowing traffic down. He stated the parking as proposed provides for a parent to drop off their child, and they propose a large fenced outside play area. Walters noted because of the pre - school situation that they propose, people coming and going will be staggered throughout the day. Otten stated he understands why the County cannot approve the additional parking along the lot line, but the area will still be ava i I ab I e. He noted i t w 1 1 1 on I y take 2 -3 m i nutes per parent to drop off their child. Kelley took exception to that statement. He suggested additional parking will be needed as parents do not just drop off their children, and tend to take a little time to discuss the day or necessary needs with the provider. Walters stated 70 people at the center would be the maximum allowed, but she does not anticipate that many people there at one time. MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD FEBRUARY 8, 1993 ZONING FILE #1795 - CONT. Mabusth stated the County is reviewing the speed in the area to determine if it needs to be reduced. Kelley asked if they would have a latch key program with buses dropping off children. Walters stated if that were available, she would want the bus to drop off the children on County Road 6, with staff available to greet the children. Mayor Callahan clarified that there will probably be 3 -4 traffic movements on the property during the day. Walters stated there actually would be more like 6 -8 patterns. She said she hopes to have the same amount of children in each program to eliminate congestion. Mayor Callahan stated it seems like there will be a constant pattern of traffic, avoiding concentration. He asked if the children would be allowed to play outside. Walters explained they plan a fenced play area off the back door. • She felt the woods on the property would provide a wonderful area for exploring. Screening would be provided from Highway 12 for the play area. Otten noted the need for an alternate septic site would determine If there is room for expansion of the play area. Kelley asked if the building will be sprinkled. Mabusth reported at the point of 29 students and /or teachers, the Fire Code requires the building to be sprinkled. Otten noted that provision is being incorporated with the renovation of the building. Jabbour asked if there is an acceptable number of persons for the applicant. Otten noted the plan proposed is from a 1980 site plan. He said no one In the past has put the kind of money necessary into the property to improve it, but to do so, one must use it to its capacity. He stated there are some unknown costs associated with the project, and therefore it is difficult to determine the minimum number of people that would be acceptable. • 10 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1993 ZONING FILE #1795 — CONT. Goetten stated she would love to have the property utilized. She cautioned that the City needs to proceed carefully. She asked that the Council be better informed about safety issues and alternatives. Otten stated they have met or exceeded the requirements. He asked that Council give them direction. Kelley asked that comparative studies be done and presented. He suggested that a separate employee parking area be provided, away from the building. He asked that the play area be moved or screened very well from Highway 12. He asked that IIghtIng be addressed, and questioned the size of the entry to the property. Jabbour suggested the City not be involved in areas monitored by the State. Mabusth asked their opinion on the catering service. She noted a kitchen is necessary to provide meals for the children, and the • catering service Is a new pattern in day cares, providing families a convenience. Walters explained the time after the children are picked up from the day care is very crucial for families, and providing dinner may help to ease that situation. She noted they do not intend to collect money at the door but would provide for alternate methods of payment. Jabbour stated if the catering is not a function of the day care, the Council may not be permitted to approve the use. Otten stated the catering service would be the first thing eliminated if found that it was taxing the septic system. Walters requested that Council act on the request to enable her to seek approval from the other necessary agencies. Mayor Callahan announced that if the Council is satisfied about the safety features, the concept seems agreeable. Kelley agreed, but added he may not approve that many people. It was moved by Mayor Callahan, seconded by Goetten, to table Application #1795 LuAnn Walters, 3800 Wayzata Boulevard, to allow the applicant additional time to supply the additional information • relating to the issues raised. Ayes 4, nays 0. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD FEBRUARY 8, 1993 ZONING FILE #1795 — CONT. Mayor Callahan suggested the applicant direct the safety concerns of the City Engineer. MAYOR /COUNCIL REPORT A) Mayor Callahan moved Item #17 to this section of the meeting and suggested the City reactivate the Lake Use Committee to officially represent the City in working with the DNR in the development of the plans for the Maxwell Bay access. He recommended Goetten be nominated as Chair, Kelley as Vice Chair, and nominated the following Planning Commission members: Schroeder, Bellows and Rowiette to the Committee contingent upon their approval to serve on the Committee. B) Mayor Callahan expressed the Council's best wishes to Linda Walters, of the City staff, who is in the hospital under going major surgery. C) Mayor Callahan referred to a request by Janet Haugen to support her seeking a position with the Metropolitan Council. Goetten noted Hurr is considering the position also. • D) Jabbour referred to an article published in the Weekly newspaper in which they quoted Hurr at a LMCD meeting as stating a desire to serve the remainder of her term as LMCD representative of the City. He said he discussed the issue with Hurr who indicated she wishes to attend the meetings to protect Orono's interest, but is supportive of the Council's decision with regard to the LMCD. E) Jabbour asked the City to consider establishing a program to Inspect sump pumps in the City to ensure they are not dumping into the sewer system. Gerhardson said staff has already started to discuss this program. ENGINEER'S REPORT ( * #11) PAY REQUEST $4 HIGHWAY 12 WATER TOWER It was moved by Goetten, seconded by Jabbour, to authorize Pay request #4 to be paid to PDM, Inc., in the amount of $94,767.25. Ayes 4, nays 0. ( * #12) PAY REQUEST 05 STUBBS BAY SANITARY SEWER It was moved by Goetten, seconded by Jabbour, to authorize Pay Request #5, Stubbs Bay Sanitary Sewer, to be paid to Progressive Contractors, Inc., in the amount of $90,600.17. Ayes 4, nays 0. 12 • • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1993 ( #13) HIGHWAY 12 SAFETY IMPROVEMENTS UPDATE Cook reported there are three issues: the safety issue, upgrade to Willow Drive, and the temporary signal at Willow Drive and Highway 12. He indicated MnDot has said the safety improvements are scheduled for 1995, which means the signal light will not be realized until then. He noted accidents during the three years prior to 1992 averaged six per year, with two of those involving Injuries to passengers. In 1992 there were fourteen accidents. Mayor Callahan noted MnDot does not encourage the use of City funding to install the signal. Gerhardson said the City of Long Lake was willing to help fund the temporary signal, but may not be in a financial position to do so at this time. The State has determined a need for the signal, and have approved conceptual plans including the signal and turn lanes. Kelley asked at what point the City could close Willow Drive. Gerhardson stated the north and south frontage roads would need to be in place prior to that closing. • Kelley suggested prohibiting crossing of lanes on Highway 12. Cook stated that would be difficult to accomplish. Mayor Callahan directed staff to return with alternative suggestions. Cook noted a pathway along Willow Drive is proposed by the City, therefore, it is recommended to reduce the right -of -way acquisition needed, an urban section be constructed the entire length of the roadway. This would reduce the total width of the roadway and would better maintain existing vegetation and trees. Mayor Callahan asked if they are ready to proceed with this improvement. Gerhardson noted the feasibility study is complete with the exception of the urban section costs. Kelley asked why Willow Drive Is proposed to be upgraded. Gerhardson stated Willow Drive is a MSA road, and Improvements are needed due to the anticipated development along the roadway and the fact the road is not built for 9 ton trucks. He noted there is enough MSA funds to do the bike path along Old Crystal Bay Road and is the other projects on the list. 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING . HELD FEBRUARY 8, 1993 HIGHWAY 12 SAFETY IMPROVEMENTS UPDATE - CONT. Mayor Callahan suggested staff present a proposal at the next meeting. CITY ADMINISTRATOR'S REPORT ( #14) CABLE COMMISSION APPOINTMENTS - ADDITION TO RESOLUTION #3227 It was moved by Goetten, seconded by Jabbour, to appoint Hurr to the Cable Commission for 1993. Ayes 4, nays 0. It was moved by Mayor Callahan, seconded by Kelley, to appoint Tim Pattrin to the Cable Commission for 1993. Ayes 4, nays 0. ( #15) TAX FORFEIT PROPERTY - RESOLUTION #3232 It was moved by Mayor Callahan, seconded by Jabbour, to adopt Resolution #3232 authorizing tax forfeited land released for private sale to adjacent owners. Ayes 4, nays 0. ( #16) CITY FACILITIES CHANGE ORDERS • Moorse reviewed the three change orders listed in the memo. It was moved by Jabbour, seconded by Kelley, to approve the change orders as presented In the memo dated February 2, 1993. Ayes 4, nays 0. Moorse referred to the budget update included, which indicates a reduced contingency fund due to the amount paid for SAC charges. Jabbour said during the process, he was informed that a generator connected to natural gas was not feasible as funding from Emergency Preparedness could not be used then. He noted a generator was installed using natural gas. Gerhardson said the City was granted a variance from the State Electrical Board. Moorse noted the generator meets the needs of the Police Department for their emergency operations center. Sullivan noted he is unaware of any funding available through Emergency Preparedness to pay for the generator. Jabbour said when he makes a decision It is usually based on staff Input and reiterated the necessity for that Information to be correct. • 14 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1993 ( #17) LAKE USE COMMISSION APPOINTMENTS - MAXWELL BAY ACCESS OVERSITE This item was discussed under the Mayor /Council report. ( #18) JOINT DEFENSE OF THE LAWSUIT BROUGHT AGAINST THE MPRS & ITS MEMBER CITIES - RESOLUTION #3233 Moorse reported this issue involves two discrimination lawsuits filed against the MPRS. Holmes & Graven will be providing the joint defense. This firm has been active with the MPRS since Its Inception. Kelley asked if the City is taking the position of the joint powers organization by authorizing payment of the defense. Moorse said the City is taking the same position as the joint powers organization. It was moved by Mayor Callahan, seconded by Kelley, to adopt Resolution #3233 authorizing Holmes & Graven to represent the City • of Orono in lawsuits commenced by John Starks and Christopher Fields. Ayes 4, nays 0. ( 019) VOICE _& DATA CABLING CONTRACT PAYMENT #2 It was moved by Jabbour, seconded by Mayor Callahan, to authorize the City to pay $6,587.00 for voice and data cabling. Ayes 4, nays 0. ( * #20) DESIGNATION OF THE NEW CITY FACILITIES AS "SMOKE -FREE" - RESOLUTION #3234 It was moved by Goetten, seconded by Jabbour, to adopt Resolution #3234 declaring the new City facilities to be smoke free buildings. Ayes 4, nays 0. ( #21) OFFICE FURNITURE PAYMENT #1 It was moved by Jabbour, seconded by Mayor Callahan, to authorize payment of $60,680.57 for office furniture. Ayes 4, nays 0. ( #22) PAY REQUEST #2 /FINAL - PUMP & METER SERVICE It was moved by Jabbour, seconded by Mayor Callahan, to authorize Pay Request #2 /final to Pump and Meter Service for the installation of the hoist at the new Public Works facility in the amount of • $5,545.53. Ayes 4, nays 0. 15 • J . MINUTES OF THE REGULAR ORONO COUNCIL MEETING . HELD FEBRUARY 8, 1993 ( #23) STUBBS BAY SEWER FEES Moorse explained the Council agreed to allow residents up to five years to connect to the sewer system if they could prove they have an acceptable septic system. It was determined that after a 16 month period, the City would charge an availability charge, which does not include the M.W.C.C.'s portion of the sewer rate. Jabbour noted a portion of the sewer charge is retained in a fund for future maintenance of the system. That is the portion of the charge which unconnected Stubbs Bay citizens will be required to pay. He felt this should be explained better in the letter to the residents. He added, the letter should note this is the first time the 16 month deadline for connection has been waived and the fee reduced. It was moved by Mayor Callahan, seconded by Jabbour, to direct staff to amend the letter to Include the justification and explanation of the charge, and to authorize the amended letter to be sent to the Stubbs Bay area property owners. Ayes 4, nays 0. ( * 024) SEASONAL WEIGHT RESTRICTIONS - RESOLUTION #3235 • It was moved by Goetten, seconded by Jabbour, to adopt Resolution #3235 establishing the 1993 weight limits for City streets from March 15 through May 15, 1993. Ayes 4, nays 0. ( * #25) SALARY ADJUSTMENT OFFICER IRVING ENGLISH It was moved by Goetten, seconded by Jabbour, to increase Officer Irving English's salary from $18.367 per hour to $18.724 per hour as of February 11, 1993, as per the 1992 LELS contract currently In effect. Ayes 4, nays 0. CITY ATTORNEY'S REPORT There was no report. ( * #26) LICENSES It was moved by Goetten, seconded by Jabbour, to approve the following licenses: Annual Home Occupation License: Russell Norum, 3264 North Shore Drive Cigarette License: John Downey, Wayzata Country Club John O'Sullivan, O'Suliivans Don Scherven, Navarre Lanes Ayes 4, nays 0. • 16 J r. • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1993 ( **27) BILLS It was moved by Goetten, seconded by Jabbour, to approve payment of the All Funds Account. Ayes 4, nays 0. OTHER Marge Gasch asked that Council give direction to her in her pursuit to preserve the Council Chambers. Mayor Callahan noted there are others interested in using the facility, and suggested all interested parties contact Moorse. He added, an article should be published in the newspaper allowing for all citizens to express their ideas on the Issue. Mayor Callahan inquired about the police contract with Minnetonka Beach. Sullivan noted there is no concern on the part of Minnetonka Beach to not continue the contract for 1993, but they have expressed a desire to have a meeting of all contract cities to discuss issues with regard to future contracts. He noted all contract cities have the same basic contract, which is very difficult to understand and • difficult to determine actual cost. Kelley asked if they have a cost accounting system to justify charges to contract cities. Sullivan noted they do but there are still problems in determining charges. It was determined that a joint meeting of contractual cities would be beneficial. ADJOURNMENT It was moved by Goetten, seconded by Jabbour, to adjourn the regular Orono City Council meeting at 11:23 p.m. Ayes 4, nays 0. Edward J. Callahan, Jr., Mayor AT4EE T: l J. Diann Goett-6n, Acting Mayor Dof'othy(M.1 Hal I in, City Clerk r� �.J 17