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HomeMy WebLinkAbout02-25-1991 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 25, 1991 ROLL CALL: The Council met on the above date with the following members present: Mayor Barbara Peterson, Councilmembers J. Diann Goetten, and Gabriel Jabbour. Councilmember Edward Callahan and Mary Butler, Councilmember Select, were absent. 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, and City Recorder Laurie Scheffler. ( #1 *)CONSENT AGENDA Mayor Peterson requested that item #20A, Canine Program, be removed from the Consent. Agenda. It was moved by Goetten, seconded by Mayor Peterson, to approve the Consent Agenda, with the exception of item 20A, which was removed and discussed in the sequence shown on the Agenda. Motion, Ayes -3; Nays -0. Motion passed. ( #2 *)APPROVAL OF MINUTES It was moved by Goetten, seconded by Mayor Peterson, to approve the Minutes of the Regular Council Meeting held February 11, 1991. Motion, Ayes -3, Nays -0. Motion passed. PUBLIC COMMENTS: None. ZONING ADMINISTRATOR'S REPORT: ( #3 )ZONING APPLICATION #1605 DR. RICHARD LINDSTROM -1065 WEST FERNDALE ROAD VARIANCE Paul Bedker, the applicant's architect, was present. Bernhardson provided a brief review of this application and the action taken by Council at their February 11, 1991 meeting. He said, "The applicant has subsequently spoken with Michael Gaffron. I will refer this matter to him so he can provide an outline of the issues on which the applicant requested further direction in order to amend his proposal." Gaffron stated the first item for clarification is the degree of structure that exists in,the 0 -75' setback area. He said, "The applicant has stated from the beginning that he will remove existing rock and plastic in that area. There is also a deck in that area, which was on the original plans when the house received Variance approval in 1974. The applicant-is questioning whether removing the deck would help to gain a more favorable review from Council. The applicant is also asking for more direction on Council's - 1 - ORONO COUNCIL MEETING HELD FEBRUARY 25, 1991 ( #3)ZONING FILE $1605 - LINDTROM CONTINUED position on the second story addition. Perhaps Council can provide some specific information that may help to revise their plan. Does Council believe that the average lakeshore setback is an issue? I have been asked by the applicant to note that drainage coming off of the house goes north and back around through the neighboring property before entering the lake. It is their _ preference that Council not adopt the resolution for denial, but give them an opportunity to revise their plan." - Goetten stated that she had no objection to tabling _this in -.-4- application. She said, "My concerns focus mainly on the* amount of structure on this substandard lot. Wi_-h regard to the proposed pool, I do not favor the exchange of non - structural hardcover to structural hardcover. I know that Mr. Bedker included the pool water surface in his hardcover calculations. I am also concerned about the two garages, one at basement level and one at ground level. In my opinion, the addition is too large, though we would prefer that you expand up, rather than out. I would like to see this proposal down - sized. The City will no longer accept landscape plastic as a trade -off for structural hardcover." Bedker replied, "We did not intend to use the landscape plastic as a trade -off. We merely offered removing it as a good faith attempt to improve the existing situation." Goetten acknowledged Mr. Bedker's good faith attempts to better the hardcover situation on this lot. She asked Staff the width of the existing deck and how many feet from the lake it is located. Gaffron replied, "The deck is 12 feet wide and is 33 feet from the lake. The house is located approximately 45 feet from the lake." Goetten stated that she did not oppose the average lakeshore setback Variance requested in this case. Jabbour asked if either of Dr. Lindstrom's neighbors had expressed any opposition to this proposal. Gaffron replied, "No objection was expressed by either neighbor." Jabbour stated that he had no objection to the average lakeshore setback Variance. He said, "The project as presented is substantially over - ambitious for the size of the lot. I think the Hardcover Ordinance serves as a means to not only protect the lake, but regulate what kind of house is constructed on a - 2 - ORONO COUNCIL MEETING HELD FEBRUARY 25, 1991 ( #3)ZONING FILE #1605- LINDSTROM CONTINUED particular lot. It is unfortunate that this house was approved and granted Variances in order to have existing cabins removed. The City should work with you as much as we can, but the question is at what point does a property become developed to its maximum capability. I think it may be possible to make considerations in light of removing the deck. I do not foresee us trading hardcover that should never have been there, even in the 75 -250' setback area. I think Staff misunderstood my personal intention regarding this issue. Any excess of rock and plastic hardcover, in any zone, is non - conforming and should never have been there " and cannot be traded. If a person has less than 25% in the 75 -250' setback area, and quite a bit of it is plastic and rocks, -_ and he /she wishes to trade that for structure, I would not disagree with that." Goetten wished to clarify her position regarding swimming pools. She said, "When Council was deciding whether or not a swimming pool constituted hardcover, I was in the minority when the vote indicated that it would not be hardcover." Goetten suggested to Bedker that he may wish to work with Staff to examine whether portions of the driveway could be removed, while maintaining a safe access. Bedker explained that he had tried to locate the additions over the existing driveway hardcover and house. He said, "I have not heard Council address the second story. Is that a problem to go up ?" Goetten said, "I would prefer that you go up and not out. However, I was concerned about the fact that you are approximately doubling the square footage of the existing house." Mayor Peterson stated that she did not object to the average lakeshore setback Variance, or the second story addition. She asked - Jeanne if the driveway had been indicated on the plans approved in 1974 as it now appears. Mabusth replied, "Unless Michael has an old site plan actually showing the driveway, it is doubtful. In 1974 the City did not have its Shoreland Regulations in place and driveway hardcover was not considered." Mayor Peterson asked Bedker whether Dr. Lindstrom would be willing to remove a portion of the lakeside deck. Bedker replied, "I have would have to discuss that issue with Dr. Lindstrom." Goetten said, "I think the Council's position is that the plan is too ambitious for the lot." If the additions could be - 3 - ORONO COUNCIL MEETING HELD FEBRUARY 25, 1991 ( #3)ZONING FILE #1605 - LINDSTROM CONTINUED reduced in size, I would think that would be more acceptable." Jabbour asked Goetten if she would accept a revised proposal that did not change the existing structural hardcover, but resulted in a substantially larger house? The square footage of the house is not an issue." Goetten agreed that the hardcover is the major issue. It was moved by Goetten, seconded by Jabbour, to table this application and refer it back to the Planning Commission for their review. Motion, Ayes -3, Nays -0. Motion passed.-- - - -- ( #4)HARDCOVER POLICY - POOLS /PLASTICS Mayor Peterson asked whether the policy applies to geotechnical fabric as well as plastic. Gaffron indicated that the policy does include fabric, as Council has previously directed. Mayor Peterson asked if the Planning Commission has reviewed this information. Gaffron .replied, "The Planning Commission has not seen the cover letter. The Planning Commission has an upcoming work session to review zoning amendments, and I believe this issue will be addressed at that time." Jabbour asked Gaffron to more specifically identify what the term "geotechnical fabric" refers to, and does it include fabrics that are only "semi- permeable ". Gaffron replied, "We are mainly considering landscape fabric that allows water to penetrate. The concern is that if there is no weed prevention method for landscaping that is not considered hardcover, then people will tend to use more chemicals to control weeds in their rockbeds. In my opinion, the effect the chemicals have on the lake is worse than rain runoff." Jabbour said, "I agree with you, absolutely." Goetten stated that she had the same concerns. She added, "I also think this should be considered in conjunction with the Shoreland Regulations. I am very concerned about the amount of fertilizer that is going into the lake. I talked. with Jeanne about this issue and questioned whether we might implement a lake protection policy. She indicated that the City can establish specific -rules to protect the lake. I think we ought to consider something along those lines and incorporate it with the hardcover policy. It may be that people do not realize what damage they may be causing. I also think that-we really need to prioritize M,= ORONO COUNCIL MEETING HELD FEBRUARY 25, 1991 (W HARDCOVER POLICY CONTINUED the most important issues and address only those. I do not want people in the Community to think that we are picking on every single thing that they wish to do. I think the major concerns involve lakeshore property. I would like the policy to be presented in such a way that the residents will understand.the purpose and need for it. I also think we need to address the issue of decks and the potential for such structures to develop into screen porches, three - season porches, and additions. It may be appropriate for the City to enlist some professional assistance with these issues. Gaffron said, "Staff agrees that '-there are a number of sources, such as the Freshwater Biological Institute, the LMCD, etc., that we would like to involve. I would recommend that we first have the Planning Commission review the policy and provide information, and then involve other consultants, hopefully at no cost." Jabbour stated that when the City first adopted its Shoreland Regulations. it was innovative. He said, "Since lakeshore property is becoming scarce, Orono is going to be subjected to high pressure for redevelopment. I think the City needs to do everything possible to prepare itself. I do not believe that we can continue on the policy of calculation to see how much more hardcover a property can have. I also think we need to revisit the issue of eaves. I think Council did itself a disfavor by not addressing this issue when it was last before them." Mayor Peterson asked Gaffron how the City would control the companies that provide lawn fertilizing services. Gaffron replied, "We may need to have some inspection requirements, based on neighbor complaints received by the City. Another method may be to license the lawn fertilizing companies and require them to obtain a permit prior to performing lawn treatments." Jabbour stated that he too was concerned about chemical fertilizers. He said, "I have talked with Staff regarding the advantages and disadvantages of liquid versus pellet fertilizers. It is my understanding that there was a great deal of chemical runoff into Long Lake last year. I was told by a fireman that his department was asked to respond because of a strong kerosene or gasoline odor. I do think we need to address this issue and perhaps establish penalties that would apply to companies that do not meet our standards." Goetten stated that it is also important. to let the residents of Orono know the reasons behind any new policies 5 - ORONO COUNCIL MEETING HELD FEBRUARY 25, 1991 ( #4)HARDCOVER POLICY CONTINUED addressing these issues. She said, "I think they should know we are doing this because of our concern for the environment. Most of the people living in Orono are environmentally conscious, but some may not realize what effects certain things have on their environment." Mayor Peterson suggested including information regarding these issues in the Mayor's News Letter. She asked Gaffron if his recommendation is to present this information to the-Planning Commission for their review. Gaffron stated that, in his opinion, the Planning Commission was an appropriate starting point. Jabbour said, "In the meantime, Council is on record with the position that we consider any rock and plastic as hardcover. We will no longer consider any excess to the permitted amount, in any zone, as a trade - off." It was moved by Goetten, seconded by Mayor Peterson, that this matter be referred to the Planning Commission for their review and recommendations, with the directive from Council that their considerations include decks, permeable fabric, lawn fertilizers, and eaves, in addition to rock, plastic and swimming pools. Staff should explore the possibility of using outside resources to assist in drafting a policy incorporating these issues. Motion, Ayes -3; Nays -0. Motion passed. ENGINEER'S REPORT: ( #5f)LIFT STATION 10 & 43 -FINAL PAYMENT REQUEST It was moved by Goetten, seconded by Jabbour, to approve the second and final pay request, for Lift Stations #10 and #43, to LaTour Construction for an amount of $27,078.45. Motion, Ayes -3, Nays -0. Motion passed. MAYOR /COUNCIL REPORT: ( #6)PARR COMMISSION APPOINTMENT Mayor Peterson stated that the City is fortunate to have so many qualified people willing to volunteer their time to serve the City. She said, "This was not an easy choice to make, but-I feel that all three of us agree on the person we would like to see appointed to this position. We are hopeful that this person will bring some new and innovative ideas to the Park Commission and we look forward to working with this person." Goetten concurred with Mayor Peterson's comments and encouraged those not selected this time to seek other positions as they become available. ORONO COUNCIL MEETING HELD FEBRUARY 25, 1991 ( #6)PARK COMMISSION APPOINTMENT CONTINUED A motion was made by Goetten, seconded by Mayor Peterson, to appoint Stephen Johnston to the -Park Commission for a two -year term, and to appoint Richard Flint, James Gilbert and Susan Wilson to the Park Commission for three -year terms. Jabbour expressed his appreciation to the applicants who were persistent in their efforts to be appointed. Motion, Ayes -3, Nays- -0. Motion passed. OTHER Goetten stated that she and Councilmember Jabbour had attended the February 20, 1991 Planning Commission meeting regarding the Highway 1.2 Corridor issue. She said, "The purpose of the meeting was to solicit input from the public on that issue. I thought the meeting went very well and was pleased to see that so many people were interest-ad in attending. The Planning Commission will hold a Work Session on February 27th for the purpose of preparing a recommendation to Council." Jabbour concurred with Goetten. He said, "I was extremely impressed that everyone was given an opportunity to say what they had to say. I think-people left with the feeling that they had been given a chance to be heard. I would like the Council to know how much I appreciated the manner in which M -. Kelley conducted the meeting." Goetten said, "I agree, Charlie Kelley did an excellent job. I think we should all be thankful that he is involved in our City." Sherokee Ilse said, "From the public's perspective, it was wonderful to have. the opportunity to be heard. Many people expressed their appreciation for the opportunity to be heard and to participate in this process. I would like to thank the Council and Planning Commission for making it possible for the citizens to be involved in this process." Mayor Peterson stated that Council needs to schedule a date ' for the first "Town Meeting ". She said, "The purpose of this meeting is to give Orono residents the opportunity to come before. the Council in an informal manner and tell us their likes and dislikes about the City. Council will not give their opinions, but will listen to what the residents have to say." Sherokee suggested that Council may wish to limit the time period of the meeting. Mayor Peterson suggested 10:00 a.m. to 12:00 p.m. Jabbour stated that it may be appropriate for Council to make an opening statement indicating their position on the major issues. - 7 - ORONO COUNCIL MEETING HELD FEBRUARY 25, 1991 MAYOR /COUNCIL REPORT -OTHER CONTINUED Goetten stated that the residents are likely to ask questions involving Council's position on the major issues. Sherokee s:zggested that it may be beneficial to the residents if the Mayor's News Letter could precede the Town Meeting and pr=ovide an update of the major issues in the Community. Jabbour agreed that it would be helpful to have the Mayor's News Letter precede the meeting. It was agreed that the Town Meeting would be held on April 6, 1991, from 10:00 a.m. to 12:00 p.m., at the Orono High School in either the cafeteria or auditorium. Mayor Petersen stated that she has been approached by a Navarre business owner about whether the City is considering Christmas decorations for that area. She also asked Gerhardson how the Beautification Committee was progressing with the new signs for the City. Gerhardson stated that he just started to work on the sign project. Jabbour asked whether it should be the responsibility of the business owners or the City to provide such amenities. Gerhardson, stated that in the past, there has been financial participation from both the City and the Navarre Retail Association. Mayor Peterson said, "It is my understanding that there is some money available to help pay for Christmas decorations. The unsolved issues are where to store the decorations, and putting them up and taking them down each year." Bernhardson said, "I recall that some arrangements had been ' discussed with regard to installing and removing the decorations. I would have to go back in my files to confirm that. I had not heard from the person who discussed this issue with me last year and I thought that the project was stopped due to a lack of money." CITY ADMINISTRATOR'S REPORT: ($7)LMCD COMPREHENSIVE MANAGEMENT PLAN Bernhardson presented Council with resulting from the February 22, 1991 meeting said, "We think we are making progress. scheduled for March 6th at 7:00 p.m. , at tk to see in fact if any progress has been made updated information with the cities. He Another meeting is to Wayzata City Hall, on the major issue ORONO COUNCIL MEETING HELD FEBRUARY 25, 1991 ( #7)LMCD PLAN CONTINUED of shoreland and how that is included or excluded in the Comprehensive Plan. Other issues include what the Board's composition will be and whether they will take a change in position on that, and taxation authority. It is our understanding that the Chair is looking at some modifications in the plan for that. We are also presenting an updated draft of the letter we would like to submit to the LMCD. We would like to send the letter out Wednesday, February 27th, and would appreciate receiving any additional comments from Council prior to that day. Staff will also send the letter- previously reviewed by- Council to the Mayors of the eight cities." _. Jabbour stated that it is frustrating to see the discussions at the "Group of Eight" meetings being dominated by land use issues, when there are other issues to discuss as well. He said, "I do want Orono to come across as being in support of the LMCD, or the concept of the LMCD. I do not want it to appear as though we are attacking the LMCD. I am not anxious to have the legislators handling issues that are better left to us. Orono is approaching things from a different aspect. We are concerned that the LMCD is not restrictive enough. Other communities believe they are too strict. I want us to be aware of that contrast. Most of the meeting discussion is dominated by the people who want liberal development around the lake." Bernhardson stated that communities such as Wayzata and Spring Park have a majority of commercial property within 1,000 feet of Lake Minnetonka. He said, "Those cities are afraid that their current development becomes non - conforming under the regulations. They also do not wish to limit their options for future development. The LMCD talked with Spring Park and assured them to a certain degree that they would not have to make a lot of changes, and there would not be a great number of structures considered as non - conforming." Council accepted the information presented by Bernhardson and took no formal action. ( #8)LARE USE AND MANAGEMENT -DRAFT SHORELAND REGULATIONS Bernhardson presented Council with a draft of the Shoreland Regulations prepared by City Staff. Jabbour stated that he had recently attended,a "Save the Lake" banquet. He said, "The Commissioner of the DNR was there and made a statement to the effect that Lake Minnetonka has 'too much'. He said that the lake has too much weeds, and among other things, too many boats. In the past we have been concerned about the DNR taking the opposite .opinion of the lake, and that the density of the lake could be increased and have more accesses. I 9 ORONO COUNCIL MEETING HELD FEBRUARY 25, 1991 ( #8)SHORELAND REGULATIONS CONTINUED thought that was a major statement. I found the Commissioner to be more receptive to our way of thinking. ". Jabbour also stated that the Commissioner also warned of the Zebra Mussel that may infest Minnesota lakes. Goetten stated that she would like the preface page to the City's Shoreland Regulations to include a statement indicating Orono's position for protecting the environment. Jabbour stated that the first page of the Comprehensive Plan could be used. Goetten and Mayor Peterson concurred with Jabbour's suggestion. Council accepted the information presented by Bernhardson and took no formal action. ( #9)FACILITIES REVIEW Bernhardson presented Council with information pertaining to the issues and factors of a common facility site versus split sites. He provided Council with a rough draft of a questionnaire for residents of the Crystal Bay area, and noted that Councilmember Callahan had requested the opportunity to further consider it. He said, "I have also included some information on options for the Public Works facilities. Staff would like Council to consider a scenario where we fence off the equipment here in the Spring, or utilize the Water Tower property, while we tear down the existing facility. Depending on the progress we are, making toward a permanent facility, and how quickly that may be constructed, we would either wait or look at renting a 5,000 s.f. temporary facility located here, at the sewer plant, or in Navarre. Staff did examine the possibility of existing rental space, but only found a facility in Tonka Bay that would cost approximately $50,000 /year, plus utilities. It was John's opinion that the whole department should be moved if it is going to be moved that far away. If we are not going to seriously consider the rental property, we need to let the people involved know that as soon as possible." Goetten stated that she is mainly concerned about the safety of the employees. She said, "Given the condition of the existing building, I believe we need to do something as soon as possible. I cannot say that I favor renting space for $50,000 per year. Constructing a temporary pole barn facility may be'! the answer, especially if we could find a use for it later. We have to get our people out of that building." Jabbour said, "I believe that Band -Aid solutions are going to wind up costing the City a lot of money. I hope that everyone recognizes the seriousness and urgency of trying to go forward . - 10 - ORONO COUNCIL MEETING HELD FEBRUARY 25, 1991 ( #9)FACILITIES REVIEW CONTINUED, with the new municipal facilities. We have tried to save the citizens some money by researching the issue further, but time seems to be working against us. I would like to see the building torn down and a new location for Public Works determined as soon as possible." Bernhardson stated that the shed is needed for another month or so, until the snow season ends. Bernhardson asked Council_ if they wished to select a workshop date. Mayor Paterson asked if the Planning Commission` would be invited. Bernhardson replied, "I believe Council previously indicated that the Planning Commission should attend. You may also wish to include the members of the Facility Committee." Jabbour asked whether letters had been sent to the Committee members asking them whether they wished to continue in that capacity. Bernhardson replied, "Council requested that we not send a letter until it was determined whether or not the Committee should continue." Goetten stated that a concern had been raised about the need to determine and inform the Committee of their role, before asking them if they wish to continue. She said, "It is apparent that we will probably be making some changes, so I think they will be needed. I also insist that they elect a Chair." Jabbour said, "I think we should first find out if they wish -to continue. I would also be interested to know the attendance record of the members." It was the consensus of Council to hold a workshop meeting with the Planning Commission at 6:00 p.m. on March 27, 1991, in the Orono Council Chambers. Bernhardson stated that he would attempt to have Jack Boarman present also, and would contact the Facility Committee members. ( #10)HIGHWAY 12 CORRIDOR - PLANNING COMMISSION REVIEW Bernhardson presented Council with the Agenda for the February 27, 1991 Planning Commission Work Session on the Highway 12 issue. Council asked Mabusth to relay their appreciation to the Planning Commission for a job well done at the February 20th meeting, and took no further actiorr. - 11 - ORONO COUNCIL MEETING HELD FEBRUARY 25, 1991 ( #11)POLICE CHIEF SELECTION PROCESS Bernhardson presented a recommendation to Council to transmit a Request for Proposal to the three or four firms in the Metropolitan area, and use the information received to determine the next step in the process. Goetten and Mayor Peterson asked whether Staff was asking for an itemized proposal. Bernhardson indicated that the Request for Proposal would ask the specific costs for specific services. Jabbour asked whether it would be possible for such a firm to examine the Policy_ Department and make recommendations on what ' could be improved. He said, "I would like to start at zero. In talking with Long Lake and Spring Park, I feel that something needs to change with the Police Department. I do not believe that anybody I know, including myself, is qualified to do that. I think we need an outside source to recommend what needs to be done, define the job description for the Police Chief, and then assist us with hiring a Chief." Goetten asked if it would not be the responsibility of the new Police Chief to determine what needs to change or stay the same and then make appropriate recommendations. Mayor Peterson stated that neither Council, nor Staff has the expertise to know what needs to change. Jabbour stated that it is difficult to hire a new person without first having a specific job description defined. Mayor Peterson asked if any of the firms being considered provided such consulting services. Bernhardson stated that the firms provided a variety of services including employee hiring, labor relations, personnel work and department head selection. He said, "I would like to ' hire a firm and have them identify the areas that need improvement and then look for a person with expertise in those areas." It was moved by Mayor Peterson, seconded by Goetten, to direct Staff to transmit a Request for Proposal to a minimum of four executive search firms, and any others- that may be interested and have experience in the local area iii. Police Chief _ selection. Mayor Peterson asked Staff to consider any other method of making this information known to other search firms. Motion, Ayes -3, Nays -0. Motion passed. - 12 - ORONO COUNCIL MEETING HELD FEBRUARY 25, 1991 ( #12)LEGISLATIVE POLICY Goetten asked if the section under drug enforcement could include a push for the DARE. Program on a State -wide basis. It was moved by Jabbour, adopt a Legislative Policy for Motion passed. seconded by Mayor Peterson, to 1991. Motion, Ayes -3; Nays - -0. ( #13)1991 STRATEGIC PLAN Bernhardson presented Council with a preliminary draft of the 1991 Strategic Plan. Mayor Peterson asked how the City may go about obtaining the services of someone willing to author a quarterly news letter. Jabbour suggested asking persons who have previously applied for various committees of vacancies if they would be interested in providing such a service. Bernhardson stated that he is aware of an individual who previously expressed interest in this capacity on a part -time basis. He said, "I could go* back to that person and find out if they are still interested, and, if so, what price they would charge. It is difficult to find someone that may be able to combine the talent and time needed if the letter is produced more than once or twice a year." It was the consensus of Council to accept the information presented and delay further discussion until the March 11th Council meeting. ( 114 *)MUNICIPAL BOARD PROCESS It was moved by Goetten, seconded by Mayor Peterson, to accent the information regarding the Municipal Board process. Motion, Ayes -3, Nays -0. Motion passed. ( #15 *)AMENDMENT TO LOGIS JOINT COOPERATIVE AGREEMENT RESOLUTION #2933 It was moved by Goetten, seconded by Mayor Peterson, to adopt Resolution #2933, relating to Loca_ Government Information System ( LOGIS) : Approving Amendment No. 1 to the LOGIS Joint Cooperative Agreement changing the date by which cities are required to notify LOGIS of their withdrawal from the system. Motion, Ayes -3; Nays -0. Motion passed. ( #16 *)REQUEST FOR FUNDING -WEST HENNEPIN HUMAN SERVICES PLANNING BOARD It was moved by Goetten, seconded by Mayor Peterson, to authorize the payment of $1,600.00 as outlined in Attachment A, as the request is within the amount budgeted for 1991. Motion, Ayes -3;- Nays -0. _Motion passed. - 13 - 7 Ij ORONO COUNCIL MEETING HELD FEBRUARY 25, 1991 V .. ( #17 *)POLICY BODY MATERIAL PREPARATION It was moved by Goetten, seconded by Mayor Paterson, to accept the information regarding policy' board material preparation. Motion, Ayes -3, Nays -0. Motion passed. ( #18 *)WEST HENNEPIN RECYCLING COMMISSION JOINT POWERS AGREEMENT It was moved by Goetten, seconded by Mayor Peterson, to approve the West Hennepin Recycling Commission Joint Powers Agreement for 1991. Motion, Ayes -3, Nays -0. Motion passed. ( #19 *)SET PUBLIC HEARING DATE CDBG YEAR XVII FUNDS It was moved by Goetten, seconded by Mayor Peterson to approve March 25, 1991, 7:00 p.m., as the Public Hearing for Year XVII of the Community Development Block Grant and to tentatively allocate the funds as follows: Rehabilitation of Private Property $23,175 Interfaith Outreach 11000 Westonka Community Action 1,000 Westonka Intervention 1,000 $26,175 Motion, Ayes -3; Nays -0. Motion passed. ( #20)1991 WAYZATA FIRE CONTRACT ADDENDUM It was moved by Goetten, seconded by Mayor Peterson, to adopt the addendum to the 1991 Wayzata Fire Contract. Motion, Ayes -3; Nays -0. Motion passed. (20A)CANINE PROGRAM Mayor Peterson withdrew this item from the Consent Agenda.. She said, "It was my understanding that Baron (the City's Police dog) was not suited for this particular position because he did not pass the drug portion of the program. I also understood that he would go to someone familiar with the manner in which he should be handled, due to the training he received. I was confused by the opening sentence of Chief Kilbo's memo regarding training Baron further." Bernhardson clarified, "Baron was not trainable from a drug searching aspect. If there is someone in need of a dog that does not require that ability, he could go to them." Mayor Peterson said, "It is my understanding that the only additional costs the City may incur in obtaining another dog is the cost of replacing Officer Fischenich for a certain number of days." Bernhardson replied, "That is correct." Council took no formal action on this item. - 14 - y ORONO COUNCIL MEETING HELD FEBRUARY 25, 1991 (21 *)ADMINISTRATOR'S INFORMATION It was moved by Goetten, seconded by Mayor Peterson, to accept the City Administrator's Information regarding: Public /Private Roads, Community Development Block Grant Program, Prosecution /Court Fines, Lake Minnetonka Levels /Minnehaha Creek Watershed District, Business Cards, Identification Cards, December Receipts and Disbursements, and Wire Transfers. Motion, Ayes -3, Nays -0. Motion passed: CITY ATTORNEY'S REPORT: None. ( #22 *)LICENSES Bernhardson stated that he had intended to remove the license for L. Cramer Designers under the Consent 'Agenda and asked Council if they would do so. He said, "They were supposed to have provided us with some additional information prior to this meeting, but we did not receive it until today. Their license will be included for consideration at the March 11, 1991 meeting." It was moved by Jabbour, seconded by Mayor Peterson, to remove the Parade and Special Event license for L. Cramer from the Consent Agenda for further reconsideration. Motion,- Ayes -3., Nays -0. Motion passed. it was moved by Goetten, seconded by Mayor Peterson, to approve the following license(s): Annual Home Occupation: Maryanne Ebert Priority Associates 1680 North Farm Road Septic System Installer: Sullivan's Services, Inc. 3660 Highway 101 South Wayzata Patnode Bros. 16551 Lake Ridge Drive Hayes & Sons Excavating Route 1, Box 202 Montrose Cigarette: Orono Golf Mike Mehner - Crystal Bay Service 3398 North Shore Drive Motion, Ayes -3; Nays -0. Motion passed. ( #23 *)BILLS It was moved by Goetten, seconded by Mayor Peterson, to approve payment of the All Funds Account. Motion, Ayes -3, - 15 - ORONO COUNCIL MEETING HELD FEBRUARY 25, 1991 " ( #23 *)BILLS CONTINUED 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 8:33 p.m., the Regular Meeting adjourned to an Executive Session. ADJOURNMENT It was moved by Mayor Peterson, seconded by Jabbour, to adjourn the Regular Council Meeting at 9:22 p.m. Motion, Ayes -3, Nays -0. Motion passed. Barbara A. Peterson, Mayor •- 16 - '