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HomeMy WebLinkAbout02-11-1991 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 ROLL CALL: The Council met on the above date with the following members present: Mayor Barbara Peterson, Councilmembers J. Diann Goetten, Edward Callahan, and Gabriel Jabbour. The following represented the City Staff: City Administrator Mark Bernhardson, Building and Zoning Administrator Jeanne Mabusth, Public Works Director John Gerhardson, Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney Thomas Barrett, City Engineer Glenn Cook, and City Recorder Laurie Scheffler. Mayor Peterson called the meeting to order at 7:00 p.m. CONSENT AGENDA* Goetten requested that items #27 and #29 be removed from the Consent Agenda. Jabbour indicated that he also wished to discuss item #27. Mayor Peterson requested the removal of item #13A, in addition to items #27 and #29. It was moved by Callahan, seconded by Peterson, to approve the Consent Agenda, with the exception of items #13A, 27 and 29, which were removed and discussed in the order appearing on the Agenda. Motion, Ayes -4, Nays -0. Motion passed. APPROVAL OF MINUTES* It was moved by Callahan, seconded by Peterson, to approve the minutes of the Special Meeting held January 7, 1991. Motion, Ayes -4, Nays -0. Motion passed. It was moved by Callahan, seconded by Peterson, to approve the minutes of the Regular Council Meeting held January 28, 1991. Motion, Ayes -4, Nays -0. Motion passed. SENIOR CITIZEN'S PRESENTATION Ms. JoAnn Kvern, a representative of Senior Community Services, presented Council with information about the Agency and the programs its provides. She said, "The City of Orono has supported a series of Senior programs since 1982. I have outlined those programs in this report. In 19.82, the City gave its support to a program called 'Westonka Counseling for Older Adults'. That program is now called 'Senior Outreach'. In 1984 Orono gave its support to the Westonka Senior Center, and now, in 1991, the City has offered its support to the Long Lake, Orono, Medina Senior Center. We thank you for your support." Ms. Kvern introduced Ms. Cathy Bailey. Ms. Bailey introduced Jim and Verna Mulvaney, Audrey Overby, from the Long Lake, Orono, Medina Center, and Dottie O'Brien, Board President for the Westonka Center. - 1 - ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 SENIOR CITIZEN PRESENTATION CONTINUED - Mrs.- O'Brien thanked the Council for their continued support of the Westonka Senior Center and explained hew beneficial the programs are for Senior Citizens. Mrs. Overby stated that she has been using the Center regularly and that she appreciates the various programs offered. She thanked the Council for supporting the Center. Mayor Peterson stated that she has been asked to be the guest of honor at an upcoming luncheon, and that she is looking forward to meeting with the Senior Citizens. PLANNING COMMISSION COMMENTS: Planning Commissioner Cohen was present in lieu of Planning Commissioner Moos. Cohen referred Council to the upcoming events listed on the agenda. He stated that, in his opinion, the City is spending an inordinate amount of time on the Highway 12 Corridor issue. Cohen said, "I know this is an important issue, however, the plans call for this project to begin ten years from now. I do not want to see the City spending a lot of time, spinning its wheels on something that the City will have little or no say about. Even though I am not in favor of the method in which this process is occurring, I agree that something is going to be done. It is incumbent on the City and residents to draft a plan." Mayor Peterson stated that three of the six meetings scheduled involved the Highway 12 Committees, and that Councilmembers serve on two of the three Committees. Goetten added, "The City and neighboring municipalities are involved in this process. Council felt that the Planning Commission should be involved in this process, which accounts for the other three meetings scheduled." Mayor Peterson asked if any new information was presented at the meeting recently held in the City of Medina. Cohen stated that he had directly asked the MNDOT representative present to indicate which of •the routes MNDOT preferred. He said, "Though the representative would not answer my question, it was obvious from his conversation that the two northerly routes are really not being considered." Goetten stated that she.too had attended the-Medina meeting and thought it had been well run. She said, "Everyone had an opportunity to speak to this issue. I thought that Steve Hay was forthright in his opinion, that this was his project, and the decisions would come from him and the communities, not from a higher authority. The Mayor of Medina invited the residents to form a committee, similar to those we have in Orono. From the - 2 - l } ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 PLANNING COMMISSION COMMENTS CONTINUED meetings I have attended it is apparent that everyone is trying to work together. Ed Cohen, Ji-m Hanson and myself attended this meeting, as well as some other Orono residents." Mayor Peterson asked Cohen if it is his opinion that the Planning Commission will be spending too much time on this issue. Cohen replied, "I think it is important to have the two upcoming meetings. After that, we should step back and take a good look at where we are going and what we want to accomplish." Jabbour said, "It is my opinion that Orono is slightly behind in forming a decision of where the line is. The Council really values the involvement of the Planning Commission in this process, because it is an intricate part of our City. It is very important that the Planning Commission is up to speed on all of the information on Highway 12. However, at the last meeting, only four of the seven members were present. I find it frustrating that we may have to designate additional meeting time so we can update those that missed other meetings. I believe that Council really needs the help of the Planning Commission on this issue. I am hopeful that those that missed the meeting will take it upon themselves to learn what they missed, rather than expecting to receive that information at another meeting. Mabusth stated that Staff would prepare a memo to provide pertinent information to those that could not attend the meeting. PUBLIC COMMENTS: Ms. Sherokee Ilse qu Public Meeting schedule=d "People are asking whether hear information and make meeting following.". astioned the magnitude of the upcoming for February 20, 1991. She said, this will be their main opportunity to comments, or if there will be another Mayor Peterson said, "It is my understanding that the , Chairman of the Planning Commission has asked that each of the citizen groups send only one or two representatives. There will be another Public Meeting involving the City Council. It will probably be held in a larger facility than the Council Chambers." Ms. Ilse stated that there are not defined citizen groups, even though there is a distinct difference in opinion between residents living north and south o:: Highway 12. She said, "It may not be realistic to have representatives appearing on behalf of a certain group. I have a.feeling that there will be quite a few people at this meeting." Goetten clarified that the February 20, 1991 meeting will provide the residents with an opportunity to express their opinions before the Planning Commission makes a recommendation to - 3 - ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 PUBLIC COMMENTS CONTINUED Council. Cohen stated that he would encourage everyone who is interested in this issue to attend the meeting. ZONING ADMINISTRATOR'S REPORT: #1600 SUPER VALU, 3333 SHORELINE DRIVE VARIANCE /COMMERCIAL SITE PLAN REVIEW RESOLUTION #2923 Mr. Rick Bloomquist, Lyle Fuller, Bruce Kelley and N:il Libson were present. Bernhardson gave Council a brief review of the issues involved with Mr. Bloomquist's request to expand Rick's Super Valu. 'He noted that the applicants were revising their access plans for County Road 15. Bernhardson stated that the Planning Commission had recommended approval of this application with a four to two vote. Mabusth added that the minority votes were due to an opinion that the applicants had not responded to the Planning Commission's concerns. She asked Bruce Kelley, the applicant's engineer, to address the issue of access. Mr. Kelley stated that it is their opinion that an access off of Kelly Avenue would not be appropriate. He said, "I attended a meeting on the site with City Staff, Rick Bloomquist, Lyle Fuller, two members from the Hennepin County Highway Department. We discussed various options and tried to find the best alternative. I There are several problems with having an access from 'telly Avenue, rather than County Road 15. The grade on Kelly Avenue drops down quite a bit. Cars entering the parking lot would drop down and* then turn uphill into the driveway. That might not pose any problem for automobiles, unless the road was icy. It would probably be necessary to_move the hydrant, manhole and telephone. The major disadvantage is that it brings traffic right in front of the store where the pedestrian area is located as well as the parcel pickup. The situation would also pose a problem for the semi- trailer trucks. It would be very difficult for them to maneuver out of the parking lot." Kelley used an example of a semi - trailer truck to show the difficulty involved with using the access from Kelly-Avenue, He stated that the County Road 15 access provided the best sight distance for trucks pulling out. Kelley added that there have. been-no accidents with the existing access onto County Road 15. Mabusth asked Kelley to show how trucks would access County Road 15 from the parking lot. 4 - ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 ZONING FILE #1600- RICK'S SUPER VALU CONTINUED Kelley showed that the trucks would swing out into the second lane. He said, "These are long trucks. It doesn't matter from where the trucks pull out, it will be necessary to take two lanes of traffic." Kelley stated that they have addressed all of the concerns raised by Staff and the Watershed District. He added that they will provide any,additional landscaping that the City may require. Kelley asked Council to approve the application with no change in access location from what now exists. Mabusth clarified, "The applicant is confirming that they will replace any plantings along the south property line that may be removed during construction." Callahan recalled that the Planning Commission had not recommended any revisions to either access, but rather that the driveways are left as is. Mabusth said, "The Planning Commission approved the plan presented by the applicants. That plan showed the County Road 15 access relocated approximately 20' closer to Kelly Avenue. Staff does not believe that is a safe situation. If Council is going to approve access from County Road 15, we would recommend that the access remain as is. I believe that is what the applicant is now proposing." Cohen stated that if the applicants are revising the plan at this point, it should go back to the Planning Commission for review. Mayor Peterson asked the City Engineer for his input into the access issue. Cook stated that, in his opinion, the two existing accesses are not safe. He said, "Our objective is to improve at least one of the accesses. The problem with the County Road 15 access is Kellv Avenue. There is fast moving traffic on County Road 15 and there is a potential to have cars trying to exit off of Kelly and from the Super Valu parking lot at the same time. That is dangerous. The existing access is not a good. - location, and the closer you move it to Kelly Avenue, the worse it gets. There may be difficulties with an access location off of Kelly Avenue, but we feel that those are workable problems that pose less of a safety hazard than the County Road 15 access. How many trucks would use that access a day ?" Bloomquist replied, "We get in approximately four to five trucks a week." Cook said, "If the access off of Kelly Avenue was widened, it would help with truck maneuvering. This access would provide - 5 - ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 ZONING FILE 31600 - RICK'S SUPER VALU CONTINUED far more safety for the customers that come to the store." Goetten asked Cook if he would foresee any problem with a truck coming into the parking lot off of Kelly Avenue. Cook stated that for the most part the trucks entering the parking lot come from the south and use the County Road 19 access. Bloomquist confirmed that the trucks do enter from the County Road 19 access. Callahan stated that he shops at Rick's Super Valu frequently and finds the City Engineer's recommendation to be highly theoretical. Cook stated that the idea is to get the cars out of heavy traffic movement before turning into the parking lot. Callahan asked Cook what basis he had for considering the existing access unsafe. Cook replied, "From experience we know that this is a high incident area. That is our concern, and we try to eliminate the built -in hazards that exist whenever we can." Callahan stated that relocating the access to Kell,-,r Avenue would have a sharp impact on the customers that use the store. He said, "Using Kelly Avenue from December to March may cause a lot-of concern for drivers." Cook agreed that there would be reason for concern, but that the idea is to get cars out of the fast lane of traffic. He said, "Kelly Avenue can be salted, and there may be times when the road will be slippery. If that becomes a concern of a driver, they would choose to use the County Road 19 access. A driver will tend to go where he /she is most comfortable." Callahan asked if in fact the applicants are proposing to keep the County Road 15 access in its present location. Fuller, Bloomquist and Kelley stated that they wish to keep the access where it currently is. Mayor Peterson stated that she understood the City Engineer's position. She said, "If you are leaving the store and wish to head west, you must cross three lanes of traffic. I have seen several near - misses. However, I also have the same concerns that Ed expressed." Goetten concurred with Callahan and Mayor Peterson. ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 ZONING FILE #1600- RICK'S SUPER VALU CONTINUED Mr. Fuller stated that the movement of the County Road 15 access 20' west was not emphasized at either of the Planning Commission meetings. He said, "In preparation for this evening's Council meeting, we met on the site and were told by the County that they preferred to have the County Road 15 access remain in place. We believe we are providing Rick's customers with the safest and most convenient access. There have been two reported accidents on the County Road 19 exit in the past two years, but none on County Road 15. There has been no demonstrated need to move that access. Also, there has been discussion about someday vacating Kelly Avenue, which would conflict with intentions to place an access in that location. If you look at the other commercial entities in this area you will see that they have similar access situations." Bernhardson stated that if Kelly Avenue were to be vacated, a cul -de -sac would be placed south of Super Valu's proposed access on Kelly. He suggested that a compromise for the access would be to allow it to remain on County Road 15 for now, but require it to be relocated to Kelly if demonstrated problems occur in the future. Bernhardson suggested including such language in the resolution, if approved. Jabbour asked what time of day truck traffic is most likely to occur. Bloomquist stated that most of the trucks should be in and out between 7:00 a.m. and 11:00 a.m. He reiterated that a Kelly Avenue access would create maneuvering problems for the large semi - trailer trucks. It was the consensus of the Council that the access should remain in its current location, and that language be included in the resolution giving the City the authority to require relocation should safety problems arise. Goetten asked about the noise level of the compactor and the hours it would be operated. Bloomquist replied, "It is an electric hydraulic compactor and the noise level will be very minimal." Fuller added that he had been unable to obtain specific decibel information, but has been told that the compactor will generate a low humming noise. He said, "I believe the compactor will be operated once a,day." Goetten stated that she would have no objections to the compactor if it has a low noise level and is operated in the morning hours, as opposed to evening. - 7 - ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 ZONING FILE $1600- RICR'S SUPER VALU CONTINUED Mayor Paterson asked Staff if any of the residents living in the area of Super Valu had expressed concerns. Mabusth stated that the City had heard nothing from the residents. Mayor Peterson asked how high the retaining wall will be. Mr. Neil Libson replied, "The wall is 17 feet high at its maximum height. The wall is approximately 3.5 feet above the delivery ramp. We are proposing the wall at that height so it will act as a guardrail for safety reasons. It will also act as a noise barrier for the trucks." Goetten asked what the hardship basis is for this Variance. Mr. Fuller referred to the Position Paper he had submitted. He said, "The topography and an existing water line limit our ability to expand the building anywhere else. The hardship runs with the land because of the unique topography." It was moved by Callahan, seconded by Goetten, to adopt Resolution #2923, as amended to include that the access on Highway 15 remain the same, and the condition that the applicant will relocate the access if deemed necessary by Council. Motion, Ayes -4 Nays -0. Motion passed. #1605 DR. RICHARD LINDSTROM, 1065 WEST FERNDALE ROAD VARIANCE Mr. Paul Bedker, contractor, was present on Dr. Lindstrom's ir behalf. Bernhardson reviewed the information presented in Michael Gaffron's February 4, 1991, memo. He stated that the Planning Commission had recommended approval of this application with three votes in favor, two against, and one abstention. , Goetten asked Bedker to show the areas that would be new, including the proposed second story deck. Bedker defined the addition areas. He stated that the garage would have two levels and showed how access would be achieved to each level. Goetten asked why Dr. Lindstrom required the additional garage and living space. Bedker replied,, "Dr. Lindstrom has four vehicles and only a two -stall garage at this time. The reason he has four vehicles is because his parents have recently come to live with him. He is trying to provide living and garage space to accommodate his 11 ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 ZONING FILE #1605 - LINDSTROM CONTINUED extended family. The plan for the garage is revised from our initial proposal which showed a one level, four car garage. We revised the garage in response to the Planning Commission's concerns about hardcover on this property. The garage is being placed on existing hardcover so there is no increase proposed in the 75' -250' zone." Goetten questioned whether the proposal would constitute a guest apartment. Gaffron stated that the applicant had not made such a proposal. He asked Bedker if the plans call for an additional kitchen area. Bedker replied, "There will be no second kitchen. There is a central dining room and kitchen. The addition will provide only bedrooms on the second level." Goetten asked how large this lot is. Gaffron stated that the lot is approximately 8 /10ths of an acre. Goetten asked if it would be possible to remove some driveway area in exchange for the added structural hardcover proposed. Bedker stated that a turn - around area will be necessary so that cars will not have to back down the driveway. He said, "When we relocated the garage to the driveway so not to increase hardcover in the 75' -250' setback area, we eliminated the potential of reducing the driveway. Jabbour said, "I believe the house is over - ambitious for the size of the lot. I do not think this house would have existed as it is now, were it not for the trade -off to remove the original cabins. I.think we need to consider whether we are moving closer, or farther away from .our Code if we approve this application. Would it be necessary to remove any trees to accommodate the garage ?" Bedker stated that there would be no tree removal and added that all of the additions will occur on existing hardcover. Goetten noted that the garage is being placed over existing plastic and gravel and did not consider that to be a practical exchange. She said, "This may be one of those properties that has been developed to its capacity. I am concerned about whether the property can accommodate this addition proposal." Mayor Peterson was appreciative of the efforts made by the - 9 - ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 ZONING FILE #1605- LINDSTROM CONTINUED applicant to reduce hardcover in the 0 -75' setback area. She said, "I still believe that the water surface of swimming pools should be included in hardcover calculations." Bedker stated that in this case, the pool water surface area was included in the hardcover calculations. Jabbour objected to trading rock and plastic for structural hardcover. He said, "I have never considered that as a conforming use. The rock and plastic should not have existed at all. How can an applicant trade something they should never have had, for something that they also should not have, but which will be more permanent." Goetten inquired as to the existing square footage of the house and what it would be after the proposed additions. Gaffron replied, "The footprint of the existing house is 77' x 361, or 2,800 s.f. The garage addition is 25' x 261, which is 650 s.f. The second story addition and deck 2,414 s.f. The living space would be approximately doubled." Mayor Peterson asked if the applicant had stated a specific hardship for the Variances requested. Bedker stated that due to the size of the lot, a Variance would be required no matter what size addition is proposed. He said, "In order to achieve the goals of Dr. Lindstrom, this plan minimizes the impact on the property in terms of hardcover and tree, loss. The first plan we presented to the Planning Commission showed the deck overhanging the second level. However, the Planning Commission expressed concern about the visual impact from the lake and we revised the plan to pull it back eight feet." Callahan asked what presently exists in the proposed location for the swimming pool. Bedker replied, "That area is presently driveway. The site is heavily wooded on both sides of the driveway:" It was moved by Goetten, seconded by Jabbour, to conceptually deny application #1605. Staff is directed to prepare a denial resolution with the appropriate findings for Council's review at their February 25, 1991 meeting. The applicant may have the opportunity to bring back a revised, less ambitious plan. Motion, Ayes -4, Nays -0. Motion passed. OTHER Callahan stated that the City must take steps to address the issues of swimming pools and landscaping plastic. 10 - ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 OTHER - SWIMMING POOL /PLASTIC HARDCOVER CONTINUED It was the consensus of Council that appropriate measures be taken at this time. It was moved by Callahan, seconded by Mayor Peterson, to conceptually adopt a policy stating that the water surface area of swimming pools will be considered hardcover, and that any landscape plastic existing within the 0 -75' setback area is there illegally and should be removed. Landscape plastic will no longer be accepted as tradeable "existing hardcover" when considering zoning applications requesting additional structural hardcover. Staff is directed to prepare the appropriate language for such a policy and present it to Council at their February 25, 1991, meeting. Motion, Ayes -4 Nays -O. Motion passed. $1611 BRUCE & CAMILLE CURTISS, 1920 FAGERNESS POINT ROAD AFTER- THE -FACT VARIANCE RESOLUTION #2924 Camille Curtiss and her attorney, Jeff Mohr, were present. Bernhardson stated the purpose of the Curtiss's application, noting that the Planning Commission had recommended approval with a five to one vote. Gaffron provided Council with photographs of the deck. He stated that this property has been involved with previous zoning applications and that was the basis for the minority Planning Commission vote. He said, "The Curtisses have paid an after - the -fact Variance application fee. The Planning Commission recommended that an after -the -fact building permit fee also be paid. The deck is approximately the same size and shape as the old deck." Goetten stated that after - the -fact applications put the Council in a precarious situation. She said, "Council has usually voted to approve these somewhat reluctantly because we do not approve of blatant disregard of the City Ordinances. Perhaps this is another issue we need to re- examine." Callahan agreed that these applications are difficult. He said, "In this case, we would have granted the application. I believe that the after -the -fact fees paid by the Curtisses constitute a sufficient penalty." Mayor Peterson said, "It is my understanding that the issue of the footings will be addressed by the Building Inspector. If the footings do not meet the building standards, the deck must be rebuilt." Ms. Curtiss said, "We did not totally replace the existing deck. We had a friend that fell off of the deck because the railings are too low. We have'smal'l children and were concerned - 11 - ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 ZONING FILE #1611 - CURTISS CONTINUED about their safety as well. Bruce just started replacing joists that were rotted. We have paid the double fees and obtained a survey." A motion was made by Callahan, seconded by Mayor Peterson, to adopt Resolution #2924, granting Variances for an after - the -fact deck located within the 0 -75' setback area. Motion, Ayes -4; Nays -0. Motion passed. #1612 CHRISTOPHER DALE /GERI LEE PAULSON, 4085/4105 WATERTOWN ROAD LOT LINE SUBDIVISION RESOLUTION #2925 Mr. Jack Vigoren,- Attorney, was present on behalf of.the applicants. Bernhardson stated the issues involved in this application and advised that the Planning Commission had unanimously recommended approval. Callahan asked Staff to further explain the issue regarding the easement and future lots. Mabusth replied, "Thy City is placing the property owner on notice that this easement cannot be included in land area calculations if or when the property is further subdivided." A motion was made by Goetten, seconded by Mayor Peterson, to adopt Resolution #2925, approving a metes and bounds subdivision of a lot line rearrangement and creation of a private easement. Motion, Ayes -4, Nays -0. Motion passed. #1613 JENSEN HOMES, INC., 315 TONRAWA ROAD CONDITIONAL USE PERMIT RESOLUTION #2926 Jim Jansen was present. Bernhardson stated that this application involved a proposal for a non - rental apartment within a newly constructed home. He said, "No additional access is being provided from the lower level, but the windows do meet the egress ,.requirements. The Planning Commission unanimously voted to recommend approval." Callahan asked if the concerns regarding the septic systems capacity has been resolved. Mabusth replied, "Michael has confirmed that the septic system can be expanded to meet the Septic Code requirements." Goetten inquired as to the size of this lot. Mr. Jensen replied, "It is 3.78 acres." - 12 - 0 ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 ZONING FILE #1613 - JENSEN HOMES CONTINUED A motion was made by Callahan, seconded by Goetten, to adopt Resolution #2926, granting a Conditional Use Permit for a non - rental guest apartment. Motion, Ayes -4, Nays -0. Motion passed. #1615 GARY MROZ & KEN HOPKINS, 59 FERNDALE GREEN PRELIMINARY SUBDIVISION RESOLUTION #2927 AND #1616 GARY MROZ & KEN HOPKINS, 59 FERNDALE GREEN CONDITIONAL USE PERMIT RESOLUTION #2928 Mr. Gary Mroz was present. Bernhardson reviewed the information presented by Jeanne Mabusth in her January 15, 1991 memo. He said, - "The City of Wayzata does not object to this property being served with municipal water and sewer. The lot to the south has been tested and could accommodate a primary and alternate septic system. A concern was raised regarding the control of weeds on the properties near Ferndale Green. It would be the responsibility of the owners of the two lots, or the owner of the Outlot, to maintain the easterly portion of lots. Both lots meet the two acre minimum. There is also some concern about developing this property in light of the future Highway 12 corridor. It was felt that such an issue should be left to the individual property owners." With regard to the Conditional Use Permit to cross a wetlands, Bernhardson said, "Appropriate modifications will be made-.to the wetlands and the drainage occurring through a culvert system, so not to impede the storm water ponding." Mabusth added that the private drive that will serve this property has been pushed to the north side of the outlot. She said, "This was done to allow flowage from the low lying front yards of lot to the east to flow without restriction to the drainageway to the culverts. Mr. Anderson, the Engineer, has met on site with the property owner to the east. The revisions are reflected in the most recent plan,, which the City is recommending." Bernhardson noted that the Planning Commission had voted unanimously in favor of recommending approval, but took no position on the sewer and water issue for Lot 1. Callahan asked Mabusth to elaborate on the situation that would exist between the property owners and the'Wayzata Country Club. Mabusth stated that early on in this process she was contacted by an attorney representing an adjacent property owner. - 13 - ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 ZONING FILE #1615 & #1616- MROZ /HOPKINS CONTINUED She said, "There is no legal easement granting access for the adjacent property owners to the Golf Course. I would refer to Mr. Mroz for any information he may have in this respect. I explained to the Attorney that the City must be assured that two acres of dry contiguous land is maintained. With the exclusion of the wetland, and the areas of the 30 foot and 15 foot drainage easements, the dry contiguous is reduced to 2.11 acres. I advised the Attorney that any access easement that is created over that portion of property may reduce that area below the required two acre minimum." Mr. M::oz said, "The property owner in question is John Powers. He had approached us about purchasing the portion of our property that is located behind his house. We informed him we could not sell any portion of the property. Mr. Powers asked us if we would allow the Club to continue maintaining any portion of that property that is not used by the new homeowner. We informed Mr. Powers that we would agree to such an arrangement. I do not believe we can legally grant an access easement." Callahan asked whether the access would continue to be used. Mr. Mroz replied, "It would depend on who owns the property. I would imagine it may be used by the adjacent property owners." Jabbour asked if the City would be notified by the County if the property owners filed an access easement after the subdivision is completed. Mabusth stated that the County would more than likely not provide any notification to the City of such an easement being filed. Barrett stated that the property owners could file such an easement. He said, "If an easement were filed and came to the City's attention, the City could treat it as a violation of our Subdivision Ordinance. Secondly, the City is putting the property owner on notice that, if the easement decreases the lot size, it cannot be developed. That is the practical leverage that the City has to prevent unwanted easements,." Callahan suggested that such language be included in the resolution. Goetten stated that she would grant the property owners access to sewer and water because Ferndale Green has sewer and water and the lots do meet the two acre minimum. Bernhardson suggested further amending the resolution to also place the property owners on, notice that the provision of municipal water and sewer does not entail a potential reduction - 14 - ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 ZONING FILE #1615 & #1616 - MROZ /HOPKINS CONTINUED in the Two -acre Zoning in the future. Mabusth stated that the City of Wayzata has agreed to allow the City of Orono to initiate and handle the issuance of all permits. She said, "Billing will occur through the City of Orono and we will make any refunds deemed necessary to the City of Wayzata." It was moved by Callahan, seconded by Jabbour, to adopt Resolution #2927, granting Preliminary approval of the Plat of Fairway Hills Addition, as amended to include notification to the property owner of Lot 2, that the granting of any access easement to the Wayzata Golf Course may decrease the lot size below the required two acre minimum; and that both owners of be placed on " notice that the provision of municipal water and sewer will not entail a reduction in the Two -acre Zoning in the future. Motion, :s Ayes -4, Nays -0. Motion passed. It was moved by Callahan, seconded by Jabbour, to adopt Resolution #2928, granting a Conditional Use Permit and Variance to cross a wetland for access purposes. Motion, Ayes -4, Nays -0. Motion passed. MAUREEN STEELE- BELLOWS, 265 BROWN ROAD SOUTH RESOLUTION #2929* It was moved by Callahan, seconded by Mayor Peterson, to adopt Resolution #2929, amending Resolution #2877 that amended Condition of Approval -of the Byfield Plat. Motion, Ayes -4, Nays -0. Motion passed. ENGINEER'S REPORT: PAY REQUEST #4 - LIFT STATION #8* It was moved by Callahan, seconded by Mayor Peterson, to approve the fourth and final Pay Request to Northwest Mechanical in the amount of $2,400.00, for work done to Lift Station #8. Motion, Ayes -4, Nays -0. Motion passed. PAY REQUEST #8 - WELL #3* It was moved by Callahan, seconded by > Mayor Peterson, to approve the eighth and final Pay Request to Keys Well Drilling Company in the amount of $10,351.95, for work done to Well #3. Motion, Ayes -4, Nays -0. Motion passed. CHANGE ORDER #1 - LIFT STATION #10 AND #43 Mayor Peterson removed this item from the Consent Agenda. She asked why the City Engineer had not taken into consideration the eventual return of the water table to a normal level. Cook explained, "With a project such as this, we consider only the existing conditions, not what may occur in the future. - 15 - ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 CHANGE ORDER #1 CONTINUED We try to anticipate what may occur to some extent, but in this case we came up short on our quantities. It is necessary to place a bedding under the pipe. As the water comes up, that area becomes soft and requires more rock. Once the pipe is in place, it stays. Tne water is only a problem during the installation." It was moved by Mayor Peterson, seconded by Goetten, to approve Change Order #1 for Lift Station #10 and #43 in the amount of $10,927.35. Motion, Ayes -4, Nays -0. Motion passed. PAY REQUEST #4 - PUMPHOUSE #3 It was moved by Callahan, seconded by Goetten, to approve Pay Request #4 in the amount of $66,829.17, to Richmar Construction for Pumphouse #3. Motion, Ayes -4, Nays -0. MAYOR /COUNCIL REPORT: COUNCIL POSITION APPOINTMENT RESOLUTIONS #2931 and #2932 Mayor Peterson thanked those that appointment process. She said, "I Councilmembers spent a great deal of applicants. The decision was not one we hope that those that are not selected continue to seek involvement in other City participated in the know that all four time considering the made lightly. I would at this time, would activities." Bernhardson stated that Staff would prepare a thank you letter to send to each of the applicants. Goetten extended her appreciation to the applicants. She said, "Due to the major issues facing our Community, it is imperative that the person appointed be able to become immediately involved in making the important decisions that lie ahead." Jabbour stated that it was exciting to see the number of qualified residents willing to serve the City. He said, "It was a very difficult task to select just one person. I gave an enormous amount of consideration to this issue." Callahan said, "I too was struck by the quality of the people who came forward. It seems that over the past years, more and more qualified persons have responded to the call. In my opinion, any of the applicants could have served with complete distinction. All of the applicants were eminently qualified." It was moved by Goetten, seconded by Jabbour, to adopt Resolution #2931, declaring a vacancy on the City Council, and Council further adopts Resolution #2932, a Resolution of Appointment of Mary Butler to fill the position of the two year unexpired term which expires December 31, 1992. Motion, Ayes -4, - 16 - ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 COUNCIL POSITION APPOINTMENT CONTINUED Nays -0. Motion passed. PARR COMMISSION INTERVIEWS Mayor Peterson s::ated that she had asked Planning Commissioner Susan Wilson to attend the meeting this evening because she ;lad not had the opportunity to personally meet Ms. Wilson. Mayor Peterson asked Susan to briefly inform Council of her background and what she has most enjoyed about her participation with the Park Commission. Ms. Wilson stated that Virginia Sweatt had encouraged her to apply for the Park Commission vacancy. She said, "I sent in my letter of interest because I do enjoy the outdoors, environmental 1-y and actively. I have served on the Nature Conservancy Board for the past five years. I have been involved with the purchase of land for the purpose of preservation. My main interest with the Park Commission involved the development of bike trails. I am an avid biker and cross - country skier. I am working with another Park Commissioner on the issue of bike trails. I have enjoyed serving on the Park Commission and would like to continue doing so." Mayor Peterson said, "It was a pleasure meeting you. T.aank you •for coming this evening." She asked Sherokee Ilse to come forward to make.her presentation. Ms. Isle stated that she has been an Orono resident for the past 10 yea °s and that she has two sons, ages 6 and-8. She said, "We appreciate the rural character of Orono, but feel that the parks need improvement. I have spent some time looking at the various parks i!z Orono and had w-itten a letter to the Park Commission suggesting some equipment improvements. I have realized the need to make all of the parks available and accessible to persons of all ages. I am excited about the prospect of having a bike trail someday and would hope it would include access to the schools. I have been attending Park Commission meetings on and off over the past nine months. I was involved with a neighborhood project that involved surveying the residents for their input about the parks in Orono." Council had no questions for Ms. Ilse and Mayor Peterson thanked her for.her presentation. James Anderson was asked by Mayor Peterson to step forward. and provide information about himself aad his interest in the Park Commission. Mr. Anderson stated that he has been an Orono resident for the past six years and that he and his wife have three children. He said,. "My interest tends to follow my children's involvement with various activities such as baseball, soccer, etc. I like - 17 - w• ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 PARK COMMISSION INTERVIEWS CONTINUED living in Orono and would like to participate in the Community. I have talked with several residents, as well as John Gerhardson, regarding further development of the trail systems so we can connect the existing parks. That would be beneficial from a recreational and safety standpoint. I also believe it is important to maintain and improve the equipment we have in our parks." Mayor Peterson asked Mr. Anderson what other improvements he would like to see other than a trail system. Mr. Anderson replied, "There seems to be a limited access to the parks for activities such as baseball, softball and soccer. I do not think you can compare the facilities provided by Long Lake and Maple Plain with what we have in Orono. I agreed with the changes made to Bederwood Park last year to allow baseball." Council had no further questions for Mr. Anderson. Mayor Peterson thanked him and asked Stephen Johnston to step forward. Mr. Johnston briefly summarized his qualifications, noting that he had previously appeared before the Council for other vacancies. He said, "From my perseverance, you can see that I do want to become involved in the Community. I think that my work expertise will prove beneficial to the Park Commission_ I am also interested in seeing the development of a trail system. I believe it is important to not only coordinate with Orono Schools, but the Westonka School District as well. I would like to see the City make use of the Hennepin County park system and exiting facilities in the development of a trail and park system. The other agencies may be able to assist with funding. I want to see that the-City is preserving unique land masses that may prove beneficial in the future." Jabbour asked Mr. Johnston to state the positions for which he had previously applied. Mr. Johnston stated that he had applied two times *for the Planning Commission. There were no other questions for Mr. Johnston and Mayor Petersen thanked him for his continued interest. She again thanked all of the applicants, and Susan Wilson, for coming this evening. Bernhardson referred to A:`_tachment D of his January 30, 1991, memo and asked Council if they had any input or revisions. It was the consensus of Council to accept Attachment D, Park Commission Responsibilities, as presented. - 18 - ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 PARR COMMISSION INTERVIEWS CONTINUED Ms. Ilse e::pressed her appreciation for the Council's adoption of the Advisory Board Selection Process. CABLE TV APPOINTMENT It was moved by Mayor Peterson, seconded by Goetten, to appoint Timothy Pattrn and Mary Butler as primary representatives, and i Barbara Paterson As a.--z alternate representative to the Lake Minnetonka Cable Commission for 1991. Motion, Ayes -4, Nays -0. Motion passed. CITY ADMINISTRATOR'S REPORT: LMCD COMPREHENSIVE MANAGEMENT PLAN AND LAKE USE MANAGEMENT AND SHORELAND REGULATIONS Bernhardson stated that it _'•_s his under standiag that the LMCD was granted a 90 -day extension of time to work with the Lake Minnetonka Communities on the Managemen- Plan. He said, "We are presenting, for your consideration, a letter outlining our position that would be sent to the other cities. Councilmember Callahan has indicated that he would like to revise the letter somewhat and suggested that we send a cover letter to the Mayors of the other communities asking them to work together to improve the Plan. I am asking Council to review the draft letter and indicate any other revisions they would like to see. Also, the City Attorney Is continuing his effort .o research the information Council requested'at their last meeting." LMCD Representative, JoEllen Hurr, stated that she had just received a copy of the d:=aft letter today and that she had not been able to review it. Callahan asked Herr if the LMCD is aware of an apparent discrepancy between the LMCD a;:id Met Council regarding the process for making revisions to the Plan once adopted. Hurr statisd that she was not aware of the discrepancy, but said, "I believe the Metropolitan Council views the LMCD Plan much as they do the Comprehensive Plans of the individual cities. I do not know whether the LMCD is aware of the Meat Council's position, but I.will ask." Callahan said, "When you are discussing this with the LMCD and find they are not aware of the Met Council's position, ask them if that decision has any bearing on the LMCD' s decision to lock themselves into this position against the wishes of eight cities." Jabbour said, "I was told that quite a .few items the LMCD adopted into their Plan were included to please the Met Council and DNR. I understand, however, that the Metropolitan Council - 19 - ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 LMCD COMP PLAN AND LAKE USE MANAGEMENT CONTINUED was not pleased with the Plan. Apparently Met Council did not like the change of the Board, is that true ?" Hurr replied, "Some of the initial studies that were done, and in which the Met Council participated, called out that the Board should expand. That was basically a directive. However, the Met Council, DNR and Hennepin Parks, do not have any interest in providing a member. That means that-we will revert to the 1.4 communities, whicz I believe is preferred by everyone. The LMCD believed it was necessary to respond to that option as directed . by the Met Council." Jabbour said, "You (Hurr) and I have discussed in the past the awkward positions of the City and LMCD in the review and licensing process of marinas, the Minnetonka Brat Works, in particular. You had indicated that no action is taken prior to the,LMCD receiving input from the respective city." Hurr said, "Cities have 30 days to respond to such requests ffor licensing or additional beat slips. The City of Orono had every right to deny the land use aspects of the Minnetonka Boat Works expansion. The LMCD did not force the City to approve that application." Jabbour asked how the City can play a more effective role in the licensing procedure of marinas, private docks, and other such issues. Hurr stated that there should be a means of coordinating such procedures between the LMCD and the respective city. Mabusth stated that JoEllen. worked very closely with City Staff on the Minnetonka Boat Works application and attended the Council meetings when the issue was reviewed. Jabbour thought that Bernhardson's letter accurately stated his o -oinions about the various marinas in the area. He asked Council for their opinion about this issue, noting that he was particularly concerned about Lakeside Marina. Hurr stated that the LMCD has a low water policy in place that allows private and marina docks to extend out until a water level of 36 inches is reached. She said, "We prefer to have docks extended temporarily, rather than dredging. The owner of Lakeside Marina was able to show that the dock had to ; extend that f.ar in order to reach 30' inches. I did raise a great deal of conce=-n when the dock was not taken in for winter. It is not visible and poses a safety problem for snow mobiles. The dock is not totally in compliance with our requirements. I measured it myself. With regard to the low water extensions, I believe that a maximum dock length should be established. I recently attended - 20 - ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 LMCD COMP PLAN AND LAKE USE MANAGEMENT CONTINUED a meeting where we discussed that. Everyone suffers when the lake level is low. It may be in such cases that some people just cannot have a boat." Jabbour stated that the area did receive much rainfall last summer and that the lake level is up. He said, "I would like to see the docks retracted as fast as the lake level rises." Hurr stated that the LMCD has already determined that the upcoming :season will again have a low lake level. S.he said, "We have to establish a specific date, measure the level of the lake, and use that measurement when considering deck extension applications. It could be February, July or anytime in between. However,. I think it would place an undue hardship on marinas if they are asked to retract docks during a particular season as the lake level changes." Jabbour asked how much the lake level has risen since last year. Gaffron estimated that the lake level is up approximately one foot and stated he would confirm that. Hurr stated that the LMCD dJ. not approach each city when it was considering the low water level dock extensions for marinas. Goetten suggested that such issues should be included in considerations of the Lake Use /Marina Committee the City may establish. Jabbour reiterated the Lakeside Marina dock in particular is a major concern. Hurr encouraged the City to establish a Marina Committee and stated that she would coordinate the efforts of that Committee with the L:KCD. Callahan stated that the letter to Mr. Strommen should be sent. He said, "The LMCD has the jurisdiction to allow docks to extend as far as they see fit. I do not believe that there have been any instances :_n the past where coordination between the LMCD an the City fell apart. I believe the system has worked so far. I do believe the City needs to establish a Marina Committee to address concerns about licensing and land use issues." It was moved by Callahan, seconded by Mayor Peterson, to direct S =af:c to send a letter to the LMCD regarding its concerns on the 1991 marina licensing, and to adopt Resolution #2930, requesting funding from' the DNR to assist w= th the City's adoption of a shorela ;zd management ordinance. Motion, Ay-as--4,. Nays -0. Motion passed. - 21 - ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 STORM WATER MANAGEMENT - CONCEPT REVIEW Bernhardson presented Council with information regarding the concept of storm water management. He requested Council to review the information and provide further direction to Staff. It was moved by Mayor Peterson, seconded by Goetten, to table this item until the MZLrch 11, 1991, Council meeting. Motion, Ayes -4, Nays -0. Motion passed. HIGHWAY 12 CORRIDOR SELECTION Mayor Peterson asked Staff to clarify what the Planning Commission's recommendation is expected to be. She asked, "Will they be recommending a specific corridor ?" Mabusth stated that the Planning Commission would probably provide Council with a recommendation indicating where, in their opinion, is the best area for a corridor. It was the consensus of Council that there 'is no need to delay the Planning- Commission's recommendation until the traffic forecast is received. Goetten stated that she was disappointed in the number of Planning Commission members that attended the February 6, 1991 Meeting. Mayor Peterson concurred and asked Staff to convey the Council's disappointment and concern about the attendance of Planning Commissioners at the Highway 12 meetings. Site directed Staff to contact th•z- Planning Commission members unable to attend the•work session and to advise them that Council considers the Highway 12 matter of great importance and seeks the direction of ;the Planning Commission. Council also added that they were concerned that members failed to advise .Staff prior to the meeting of their absence. Mabusth stated that she will convey to the Planning Commission members not in attendance at the last meeting of Council's concern and of the need to advise Staff prior to a meeting of their inability to attend. Bernhardson said, "If it is Council's wish, the Planning Commission recommendation could be presented for -your consideration at the March 11, 1991. The information presented would include goals and objectives, as well as a preferred corridor location. Council may want to just 'accept the information at that meeting and wait for the traffic forecast before discussing this issue publicly." Callahan stated that it would not be beneficial if the Planning Commission's recommendation stated that there should be no Highway 12 project at all. - 22 - ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 HIGHWAY 12 CORRIDOR SELECTION CONTINUED Mabusth assured Council that the Planning Commission has already indicated for the record that a "no build" position would be irresponsible and unrealistic. She added, "In fact I believe the Planning Commission will also indicate the type of road they would like to see in addition to a location." Jabbour stated that he had previously encouraged the Planning Commission to be innovative and not limit themselves to corridors that have already bean suggested. He said, "I have talked to the residents about this issue. It is my feeling that they are somewhat disappointed because Orono .has not taken a position on a corridor location. It was my understanding that one of the groups had intended to do a City -wide mailing in an attempt to rally everyone's interest to one position." Callahan stated that the City is reacting in a timely manner to this issue and that responding too quickly may have drawbacks. Goetten stated that this issue was before prior Councils and :hat, in her opinion, they abdicated their responsibility. She said, "I do not think the City can afford to do that this time. One of the roles of Council is to look into the future and make sound decisions that will benefit the City as a whole. This issue requires a lot of hard work and consideration." Goetten further stated that she approved of the Citizen Committee Charge to Members draft prepared by Staff. It was moved by Jabbour, seconded by Goetten, to adopt the City of Orono Citizen Committee Charge to Members as the City's policy. Motion, Ayes -4, Nays -0. Motion passed. Bernhardson referred Council to the draft letter prepared in response to questions raised about mass transit, and asked for their comments. It was the consensus of Council that the letter be sent as , presented. POLICE CHIEF SELECTION PROCESS Bernhardson requested that this item be -,tabled until the February 25, 1991 Council meeting. It was moved by Mayor Peterson, seconded by Jabbour, to table this item until Council's February 25, 1991, meeting. Motion, Ayes -4, Nays -0. Motion passed. FACILITIES WORKSHOP Bernhardson provided Council with information regarding the issues related to a common facility site, opposed to split sites. He stated that Staff is in the process of preparing a questionnaire for the residents living in the Crystal Bay area_ - 23 - ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 FACILITIES CONTINUED Bernhardson also presented information addressing options for storage of Public Works equipment on an interim basis. He said, "We looked at the possibility of repairing what we have, but found that would not be possible. I would like Council's reactions to the options presented. I obtained an estimate cost to have Boarman prepare alternative sketches.for building designs suitable for the Crystal Bay site. It would cost approximately $3,000. It may be helpful to include a schematic drawing of a building with the questionnaire we are sending to the Crystal Bay residents. Council may also wish to establish a meeting date." Jabbour asked if i-- would be appropriate to send the questionnaire prior to making a decision about common or split sites. Callahan replied, "If the residents indicate that they do not want a facility in this location, there is no point to following through with that aspect. There is also the possibility that some of the residents will not like the particular scheme we include with the questionnaire and may reject the concept entirely on that basis." Goetten and Mayor Peterson agreed that they would only like the residents' opinions about using the present location, not how they would like the building to look. Bernhardson stated that some residen =s may agree to this location, based on how the building will appear. He said, "We could just send a basic footprint of the angular and square designs we have on file. Wc-! are sending the residents some basic information and background regarding this issue." Goetten indicated that she did not fully support the expenditure of an additional $3,000 without having input from the Crystal Bay residents. Callahan said, "It was my understanding that the schematic drawing was to help Council make a decision." Jabbour stated that he was anxious to bear Mary Butler's views on this issue. He said, "Other than the cost concerns, I am also questioning whether the City is prepared to 'grant itself a Variance, which would be required if construction occurs on this site. I think the City needs to address the philosophical issues 'before we worry about aesthetics or what the neighbors want." Goetten stated that she favors the utilization of one site as opposed to two, but wants Council to reach a consensus in that regard before it takes the next step. - 24 - ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 FACILITIES CONTINUED Bernhardson stated that he would bring this matter back to Council at their February 25, 1991, meeting. Council took no formal action on this item. 1990 CORPORATE REPORT It was the consensus of Council to accept the 1990 Corporate Report as presented by Mark Bernhardson. RECEIPT OF DONATION - DARE PROGRAM It was moved by Mayor Peterson, seconded by Jabbour, to authorize the Staff to accept the donation on its behalf from M�.-. Iverson, and to direct Staff to send a thank you letter to Mr. Iverson. Mayor Paterson asked that Council have the opportunity to sign the letter before it is sent to Mr. Iverson. Motion, Ayes -4, Nays -0. Motion passed. COMPENSATION ADJUSTMENT - LT. FRITZLER* It was moved by Callahan, seconded by Mayor Peterson, to authorize the increase from $18.26 to $19.20 under the 1990 Supervisor's Contract for Lt. Fritzler, based on his satisfactory performance. The increase is effective 2/1/91. Motion, Ayes - -4, Nays -0. Motion passed. PERSONAL WATERCRAFT - PROPOSED LEGISLATION Ms. Hurr stated that the LMCD has adopted a Personal Watercraft- Ordinance for Lake Minnetonka, acid that she would compare it to the legislation proposed by Representative Smith. Jabbour stated that the proposed regulation to restrict boat :speeds when going through a weed - infested area may cause more harm than good. He said, "It is preferable that boats avoid weed areas altogether. Secondly, if a boater finds himself in a weed area, it is best to go through it as fast as possible. Going through at a slow speed may cause the propellers to clog and stop. That would leave the boater in a dangerous situation because it is difficult to swim through Milfoil." Callahan stated that, in his opinion, Representative Smith's - proposed legislation is, redundant, and therefore unnecessary. Council took no further action on this item. REQUEST FOR FUNDING - WEST SUBURBAN MEDIATION CENTER* It was moved by Callahan, seconded by Mayor Peterson, to authorize the payment of $300.00 as outlined in Attachment A. as the request is within the amount budgeted for 1991. Motion, Ayes - 4, Nays -0. Motion passed. - 25 - ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 CANINE PROGRAM Mayor Peterson and Councilmember Goetten requested the removal of this item from the Consen- Agenda. Goetten asked what will happen to Baron. Bernhardson replied, "Chien Kilbo indicated that Baron would first be offered to his original owner, or to a security firm that does not need a dog capable of sniffing out drugs." Mayor Peterson asked what would happen in the event that neither of those placement attempts are successful. Bernhardson stated that he would ask the Chief to respond to that. Goetten and Mayor Peterson stated that they did not want to see Baron end up at the Humane Society. Goetten also expressed concern about additional costs the City will incur because of the need to train another officer for this program. Bernhardson replied, "It inay not be. necessary to have an officer fill in for the officer that will undergo training. It depends on the schedule. I think it may be worthwhile to go through the process once more to see if the program can be successful." Mayor Peterson indicated that she too was concerned about additional costs. Bernhardson stated that he would look further into the questions raised and provide a response at the February 25, 1991 Council meeting. He noted that in the event the second dog will not sniff for drugs, the City would still keep him. Council took no formal action on this item. 1991 MATERIALS AND EQUIPMENT BID AWARD* It was moved by Callahan, seconded by Mayor Peterson, to accept the bids as presented for the calendar year 1991. Motion, Ayes -4, Nays -0. Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Callahan, seconded by Mayor Peterson, to accept the City Administrator's Information regarding: Cigarette Licensing, well #3 (Highway 12), Policy 'Body Materials Preparation, Navarre Heights, Administrator's Goal Setting. Motion, Ayes -4, Nays -0. Motion passed. CITY ATTORNEY'S REPORT: None. - 26 - • il� ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 LICENSES* It was moved by Callahan',.seconded by Mayor Peterson, to approve the following license: Septic System Installer: Jerry Johnson Excavation 2445 Morningsida Road Motion, Ayes -4, Nays -0. Motion passed. " BILLS* It was moved by Callahan, seconded by Mayor Peterson, to approve payment of the All Funds Account. Motion, Ayes -4, Nays -0. Motion passed. EXECUTIVE SESSION City Attorney Barrett requested that Council adjourn to an Executive Session for the purpose of discussing pending .litigation. At 10:31 p.m., the Executive Session began. ADJOURNMENT It was moved by Callahan, seconded by Goetten, to adjourn the Regular Council Meeting at 11:05 p.m. Motion, Ayes -4, Nays -0. Motion passed. _. 27 - 4 A d " � 6z 676 1 Barbara A. Pet,16rson, Mayor