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HomeMy WebLinkAbout03-11-1991 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 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, Gabriel Jabbour, and Mary Butler. The following represented the City Staff: City Administrator Mark Bernhardson, Building and Zoning Administrator Jeanne Mabusth, Public Works Director John Gerhardson, City Clerk Dorothy Hallin, 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. (#1)OATH OF OFFICE Dorothy Hallin administered the Oath of Office to Councilmember Butler. Mayor Peterson welcomed Councilmember Eutler personally, and on behalf of the Council. ( #2 *)CONSENT AGENDA Goetten requested the removal of item #24 from the Consent Agenda. Mayor Paterson stated that she too wished to discuss item #24, and requested that item #23 also be removed from the Consent Agenda. It was moved by Goetten, seconded by Butler, to approve the Consent: Agenda, with the exception of items #23 and #24, which were removed and discussed in the sequence shown on the Agenda. Motion, Ayes -5, Nays -0. Motion passed. ( #3 *)APPROVAL OF MINUTES It was moved by Goetten, seconded by Butler, to approve the Minutes of the Regular Council Meeting held February 25, 1991. Motion, Ayes -5, Nays -0. Motion passed. PARK COMMISSION COMMENTS: Park Commissioner, James Gilbert, was present for the purpose of discussing another item on the agenda. Mayor Peterson asked Gilbert if he wished to say anything on behalf of the Park Commission. Gilbert stated that people from the Community have begun attending Park Commission meetings on a regular basis. He said, "It is the consensus of the Park Commission that we could perhaps attend two or three Council meetings a year to keep Council apprised of our efforts. T'-ie Park Commission is currently trying to coordinate efforts for a bike path wit1i Hennepin County and the State. There has been quite a bit of support from the 'Orono residents in this regard." - 1 - 1 ORONO COUNCIL MEETING HELD MARCH 11, 1991 PARK COMMISSION COMMENTS CONTINUED Mayor Peterson thanked Gilbert for providing a brief update of the Park Commission's activities. She informed Gilbert that it is the intention of the City Council to schedule an April or May meeting with the Park Commission. PLANNING COMMISSION COMMENTS: Planning Commission Representative, Sara Moos, was present, but had no comments. PUBLIC COMMENTS: Curt Qaady stated that he had read an editorial in the paper regarding the City of Orono merging with the City of Long Lake. He said, "I hope the Council will consider this seriously, although I believe that Orono has enough problems of its own without inheriting those of the City of Long Lake." ZONING ADMINISTRATOR'S REPORT: ( #4)ZONING FILE #1497- TOBERMAN 1960 SHORELINE DRIVE CONDITIONAL USE PERMIT Jim Gilbert, Attorney, was PROPERTY present on Mr. Toberman's behalf. Bernhardson provided Council with a brief history of the activities and issues involved with this property. He said, "Council at their: November 1990 meeting voted to conceptually deny the Conditional Use Permit, based on their belief that there was a lapse in the non - conforming use. Mr. Gilbert's position is that his client did not voluntarily abandon the use and would like a re- instatement of that use. It is that issue that is before Council this evening. It is my understanding that the City Attorney received an Affidavit of Gerald Toberman from Mr. Gilbert just this afternoon." Barrett confirmed that he had received a copy of Mr. Toberman's Affidavit, which states the facts surrounding his efforts to continue the use of the property as granted in the Conditional Use Permit. Mayor Peterson stated that, based on the information received from the Cite Attorney, it seems that the City is in a position where it is compelled to grant the use to continue. Barrett stated that his legal opinion is based on two elements. He said, "If Council finds facts which support a position that the Conditional Use Permit was not voluntarily abandoned, then you would be well advised to allow the Permit to be reinstated for a specified period of time. If, on the other hand, Council determines that for reasons within Mr. Toberman's control he decided not to voluntarily proceed with the business, - 2 - r ORONO COUNCIL MEETING HELD MARCH 11, 1991 ($4)ZONING FILE #1497- TOBERMAN CONTINUED then Council would be a position to deny the continued use of this property." Mayor Peterson suggested that it may be appropriate to allow the use to continue for an additional six months. She said, "My reasoning behind the six months is that it would allow us to see whether something will happen during the boating season. If the property is going to be used, I should think something would occur within the next six months." Goetten stated that she did not approve of granting the Conditional Use Permit for a one year period of time. Jabbour expressed concerns about Mr. Toberman being in a position where he is forced to operate a skeleton business, just for the sake of meeting the conditions of the Conditional Use Permit. He said, "I do not think the City's interest would be well served by a business that is there one day, gone the next. Mr. Toberman is obviously trying to do something with the property. I think the City should work with him to make sure that the best interest of the City is served. I would like to know what circumstances approved in the 1987 Conditional Use Permit changed so that Council denied renewal of the Permit in 1990. Mr. Toberman made improvements to the property, as he was required to do under the conditions of the 1987 Conditional Use Permit." Barrett replied, "The technical question is whether the City is required to grant yet another renewal of the Conditional Use Permit, once the one year time period had expired. Mr. Gilbert responded to Council's position in the Fall, of 1990, with some case law unfamiliar to me, because it was derived from another state. That case law examines the issue of voluntary versus involuntary abandonment of the use. In view of the investment made by Mr. Toberman, I felt that to be persuasive case law. I would recommend that should Council agree to grant an additional period of time, that it be established with the applicant's understanding." Butler asked if the request before Council this evening includes the servicing of boats, as well as the other uses granted in the 1387 Conditional Use Permit. Barrett replied, "The issue before Council is whether the 1987 Conditional Use Permit should be a'-lowed to remain in place." Butler said, "Historically, the terms of a Conditional Use Permit state that there is a one -year time period, and if the use _Ls not exercised within that period, it is lost. It seems to me - 3 - i ORONO COUNCIL MEETING HELD MARCH 11, 1991 (#k4)ZONING FILE #1497- TOBERMAN CONTINUED that a building, heavily advertised as being for sale, is not the basis for a new business by the current owner. After reviewing the material on this matter, it seemed to mss that if the Conditional Use Permit had expired, the issue of renewal was a moot question." Barrett stated that his first opinion concurred with the comments raised by Butler, but that the case law introduced by Gilbert put new light on this issue. He said, "In my opinion, the State Courts would consider that case law. The points raised by Councilmember Butler may in fact s:lpport a position that abandonment was voluntary. The facts that Mr. Gilbert discussed with me indicate it was involuntary because of the low level of the lake." Butler stated that she would be receptive to such rationale if in fact the business had ever started. She said, "You cannot attract business with an empty building." Goetten stated that the City has tried to work with Mr. Toberman on this matter. Sine said, "It seems that all of our efforts were for nothing because of the pending legal issue. If we are in fact in a position where we have no choice but to approve the renewal, then I think Council should consider attaching specific conditions to our approval. If the business fails to meet those conditions within a certain period of time, then I think we would have sufficient grounds for disallowing any additional requests to renew the Conditional Use Permit." Callahan stated that the reason for the 1987 Conditional Use Permit was because Mr. Toberman intended to rent the building to :someone else. He said, "Mr. Toberman did not intend to establish a business on that premises himself. The person that was going to rent the building had a business connection with Mr. Toberman. There has not been any consideration on the part of Mr. Toberman -co sell boats from that location. T'ie person who wanted to rent the property for that reason, abandoned the idea, and consequently let go of the property. Mr. Toberman made the improvements to the property based on the representations of the individual wishing to rent it. At first Mr. Gilbert informed us that the property had not been abandoned, because meetings were periodically held there. In my opinion, the use was voluntarily abandoned. The impetus for renewing the Conditional Use Permit was that Mr. Toberman had a buyer, Morrie Wagner, for the property across the street and wished to tie 1960 Shoreline Drive in with that business. I do not believe that 1960 Shoreline Drive will support commercial use, and should not be joined with -the marina across the street. In my opinion, the permit should be denied." - 4 - ORONO COUNCIL MEETING HELD MARCH 11, 1991 ($4)ZONING FILE #1497- TOBERMAN CONTINUED Bernhardson noted that the aspect of servicing beats was introduced with the application submitted last March. He stated that the applicant is now requesting only the beat and nautical sales business, as requested in the 1987 Conditional Use Permit. Jabbour recollected that there had been a previous request to sell fishing boats from this property and that it had been denied on the Plannina Commission level. Mabusth explained, "Tine request involved an intense, multiple use of the property, including not only fishing boat sales, but also fishing paraphanalia and bait, as well as food. It was the intensification of the use to which the Planning Commission objected. I believe the application was withdrawn before Council had an opportunity to review it." Mayor Peterson asked Gilbert if he wished to say anything regarding this issue. Gilbert sated that Mr. Toberman did have this property potentially sold to Morrie Wagner and had applied for an expanded use of the property in January, 1990. He said, "The expanded use included boat servicing. We are willing to withdraw that request tonight. We received a double negative on this property in that we were first denied the expanded use, and, while in the process of reviewing the application for expanded use, the City determined that there may have been a lapse of use. The City was initially trying to deny any commercial use of this property. Councilmember Callahan's statements regarding the history of this property were, for the most part, correct. In 1987, my client was granted a Conditional Use Permit from the City, which included a condition to make a number of improvements. Mr. Toberman completed all of the improvements set forth in the Resolution granting the Conditional Use Permit, and paid approximately $70,000 to do so. Mr. Toberman was hopeful that the former owners of Sailors World were going to operate the place. As you recall, 1987 was the first year of the drought 'for Lake Minnetonka. The beat industry was devastated, and the people from Sailors World decided not to go ahead with their plans for the property. In 1988 and 1989, the economic conditions surrounding Lake Minnetonka did not improve, but in fact worsened. My client owned five other marinas, on Lake Minnetonka, three of which have gone back to foreclosure. This marina is in bankruptcy, and the other is barely holding its own. There were other boat sales and nautical shops within the City of Orono that also failed during the same period of time. Tne boat sales and nautical shop associated with the Maxwell Bay Marina had no sales during 1988 or 1989, and went through bankruptcy last year. My client owned the Tonka Bay Marina, but had another tenant, Erickson Marine, running the business. Erickson Marine - 5 - ORONO COUNCIL MEETING HELD MARCH 11, 1991 ( #4)ZONING FILE #1497 - TOBERMAN CONTINUED is located in Hastings and has been a large boat operation for decades. They had initially wanted to do business on Lake Minnetonka, but in 1988, they too decided that the boat industry in this area was depressed, and moved off of the Lake. There is economic stress here, and conditions beyond my client's control, that prevented him from securing a tenant for this property. After Council's conceptual denial of this application, I requested time to do more legal research. I found cases around the Country, including the States of Illinois, Wisconsin, Kentucky; Louisiana, and Indiana, where the law states that when there is an involuntary cessation of a conditional use, that it is not grounds for denial of the continued use. It is our position that the economic climate made it impossible for my client to use that property pursuant to the Conditional Use Permit. There was no demand for such a business. Today, as a means of compromise, we would be willing to revert to the 1987 permit, and abide by the terms and conditions as stated therein. If we cannot meet those conditions within the next year, we would not seek renewal once the permit lapses. The lake has improved, from both a level standpoint and Eurasian Milfoil control. With Bankruptcy Court approval, the marina on Shoreline Drive has been sold to Morrie Wagner. We have no buyer for the 1960 Shoreline property, and if it is not resold, my client is planning on starting a boat sales and nautical shop himself." Mr., Gilbert distributed a copy of Mr. Toberman's Affidavit to each Councilmember. Callahan stated that Mr. Gilbert's arguments indicate that though there was no actual business conducted on the premises, Mr. Toberman had intentions to do so. Callahan questioned whether the City would have to continuously approve renewal requests each year based on Affidavits from M.C. Toberman stating that he intended to open a business. Gilbert stated that his client is willing to compromise with the City by asking that the Conditional Use Permit be extended only one more year. He said, "If Mr. Toberman cannot get actual use within the neat 12 months, we will waive whatever legal rights he has." Callahan asked if the cases cited as examples by Mr. Gilbert involved businesses that were already functioning and were then stopped for economic reasons. Gilbert replied, "Yes, a lot of them are that way." Callahan said, "The examples do not involve properties where the use was never started." ORONO COUNCIL MEETING HELD MARCH 11, 1991 ( #4)ZONING FILE #1497- TOBERMAN CONTINUED Gilbert replied, "I did not focus on the issue as I did not see it as being relevant since we did have a Conditional Use Permit. M.:. Toberman invested $170,000 in this property to run that business, pursuant to the Conditional Use Permit granted by the City." Goetten asked Barrett what i-1 a position where it would renewal if nothing more occurs efforts to start a business. the City could do to put itself not have to grant yet another on the property than good faith Barrett replied, "I would first rely on the statement made by Mr. Gilbert, pertaining to waiving the legal right to renew the use after a one year period. You may wish to include such language in your approval." Gilbert said, "The legal rights would be waived unless a use was started within the next 12 months." Barrett stated that he was not sure what constituted starting a use. Goetten agreed that attempts to start the use have occurred in the past and gone nowhere. Butler said, "Attempts to start a new business did not go beyond physical improvements to the property. The property was never open for business. The building has remained empty." Jabbour stated that based on the information provided by 3arrett, there seems to be a legal position for Mr. Toberman. He said, "I do not believe it is wise to put the City in a position where it may be required to spend money litigating this matter. I think we should define what in our mind constitutes the starting of a business. I do not believe that preparing the building and attempting to secure a tenant constitutes starting a business." Goetten expressed concern for the safety aspect of using the property. She stated that it is likely, no matter how the property is used, that there will be people crossing County Road 15. Jabbour added, "There is to be absolutely no crosswalk." Barrett suggested that if it is Council's intention to grant the renewal, that they direct Staff to provide some criteria that will constitute the starting of a business. He said, "I believe the criteria should involve the purchase and availability of a certain level of stock, regular business hours, regular sales - 7 - ORONO COUNCIL MEETING HELD MARCH 11, 1991 ( #4)ZONING FILE #1497 — TOBERMAN CONTINUED personnel." It was moved by Goetten, seconded by Jabbour, to conceptually reconsider the direction of denying the application to renew the 1,387 Conditional Use Permit /Variance. Staff is directed to prepare an appropriate resolution incorporating the conditions of. the 1987 C.U.P., as well as the concerns and objectives raised by Council with respect to granting approval of the Conditional Use Permit for 1960 Shoreline Drive for one year. Jabbour suggested that the conditions should be discussed with the applicant so there is no question of what the City expects. Callahan stated that the resolution should include language which prohibits connecting the use of 1960 Shoreline Drive with the marina across the street. Motion, Ayes -3, Mayor Peterson and Callahan, Nay. Motion passed. ( #5 & #6)ZONING FILE #1493 & #1570 —CHUCK DOWNEY 2665 CASCO POINT ROAD VARIANCE /CONDITIONAL USE PERMIT RESOLUTION #2934 Mr. Downey was present. Bernhardson reviewed the information pertaining to M:-. Downey's applications, as provided in Jeanne Mabusth's memo dated ,`.March 6, 1991. He noted that the Planning Commission had recommended approval of both applications. Mabusth used sketches to show Council what had been, and is now, proposed for the Downey property. She stated that the Planning Commission had rejected Mr. Downey's proposal for tiered retaining walls because it was too intense and did not address the erosion problems. She said, "Glenn Cook and I net with Mr. Downey on -site in September. We assisted him with preparing an amended proposal. As a result of the amended proposal, hardcover will be reduced approximately one percent within the 0 -75' setback area. In the 75 -250' setback area, there is also reduction in hardcover. The survey provided for this property in 1982, did not include landscape areas with underlying plastic. When the City granted approval of a setback Variance for the garage, it also asked that the gravel area remain for backing out. The gravel and landscape areas were not included with the final hardcover calculations. The existing hardcover today is 59 %. Mr. Downey is proposing to replace a portion of the lakeshore stairs, at a three foot maximum width, which will also result in a reduction of the hardcover." Mayor Peterson asked Mabusth if the deck on the lakeside of the boathouse existed in 1982. Mabusth replied, "Yes." r , ORONO COUNCIL MEETING HELD MARCH 11, 1991 ( #5 & #6)ZONING FILES #1493 & #1570 - DOWNEY CONTINUED Callahan asked Mabusth to show what areas were g---ass in 1982. Mabusth showed the areas that are grass. Butler asked if the grass on the hill is mowed. Mabusth replied, "Yes, the grass is mowed, though it is not easy. Mr. Downey first proposed the three tier plan because it would have made yard maintenance easier. However, the plan did not resolve the erosion problem." Goetten asked Cook if the revised retaining walls meet engineering standards. Cook replied, "Yes. We always felt that the lower wall is necessary to save the bank and the tree. We did have concerns regarding the upper wall and discussed them with Mr. Downey. We are concerned about the ability of the upper wall to contain the water running off the well if the drainage pattern is changed. The property owner has agreed to watch the situation and take care of any problem that may arise." Goetten asked if Mr. Downey's neighbor is aware of the plans for this property. Mabusth stated that the neighbor has joined with Mr. Downey in an attempt to solve the erosion problem. Downey confirmed Mabusth's statement and added that he will assist with a project to change the direction of his neighbor's gutters so that drainage occurs toward the street rather than the lake. Downey said, "I did not have any erosion problem until the City required the Holzers, previous owners of the neighboring property, to remove their retaining walls. There are plans on record with the City showing a swale that was to be constructed, , but never was." Mr. Downey distributed pictures of his and the neighbor's property. Jabbour asked the City Engineer if vegetation is ever considered as a method of controlling erosion. Cook replied, "In :his case, only a retaining wall will provide erosion control along the bottom of the yard. The upper retaining wall could perhaps be substituted with ground cover." Butler asked if the new upper retaining wall would align with the existing stone wall on Mr. Downey's property. Mr. Downey replied, "We intend to start the new section of ORONO COUNCIL MEETING HELD MARCH 11, 1991 ( #5 & #6)ZONING FILES #1493 & #1570- DOWNEY CONTINUED wall where the existing section stops. The walls will come together." Bernhardson noted that the after - the -fact lakeshore setback Variance, hardcover Variance, and Conditional Use Permit have been combined and addressed in one resolution. Mayor Peterson asked if the resolution included language pertaining to the after - the -fact penalty fees. Mabusth replied, "Yes, the resolution does include penalty fees, as recommended by the Planning Commission. The Planning Commission did not feel that the property owner addressed the need for Variances in a timely manner. Jabbour asked if Mr. Downey was the owner of the property in 1982 when the garage was constructed. Mabusth replied, "Yes, he was." It was moved by Butler, seconded by Jabbour, to adopt Resolution #2934, as presented. Motion, Ayres -5; Nays -0. Motion passed. (#7)ZONING.FILE #1609 -ALICE BROCK 2780 SHADYWOOD ROAD VARIANCE RESOLUTION #2935 Alice Brock was present. Bernhardson reviewed the issues involved with this application as set forth in Jeanne Mabusth's February 13, 1991 memo. He stated that the Planning Commission recommended approval of the after - the -fact deck, but recommended that a stairway be used to exit the second floor of the house rather than a catwalk. Goetten stated that in this case, it would not be appropriate to charge a penalty fee for the after -the -fact nature of the application. She said, "From what I have read, Ms. Brock has tried to make a good faith effort to resolve the situation." Goetten indicated that she would not approve a catwalk, though she did not object to Ms. Brock's request to have an additional exit from the house in the event of fire. Jabbour said, "The City is in the process of reviewing the :issue of eaves and ducks as hardcover. We are trying to determine the degree structure can protrude outside the parameter of the house at a certain elevations;;, without being considered ,. =KIM ORONO COUNCIL MEETING HELD MARCH 11, 1991 ( #7)ZONING FILE #1609 -BROCK CONTINUED hardcover." Brock stated that she has no intention of extending the width of the catwalk beyond the eaves. She said, "The catwalk will be completely under the eaves. No water would be diverted in any way more than it is now." Goetten said, "The catwalk may or may not be considered hardcover, but certainly would be structure." Ms. Brock stated that she did not understand the issue of structure, but added that she had installed gutter to the side of the house where she is proposing to locate the catwalk. She noted that her neighbors preferred to see a catwalk rather than stairs. Mayor Peterson said, "If I understand this correctly, Alice is asking for a second exit from the second story of her house." Mabusth said, "That is correct. The problem is that the sliding glass door, also located on the second story of the home, freezes during the winter. The only egress from the second floor bedroom is via the interior stairs on the first level. The house was constructed prior to the Building Code requiring a minimum size for bedroom windows for the purpose of providing egress." Mayor Peterson stated that Ms. Brock has a normal split entry home. She asked if the City would-be setting a precedent for everyone in Orono owning split entry and two story homes to have stairs coming from their second level. Ms. Brock said, "My windows do not meet the required size. Even i:_ I could fit through the window, it would be an eight -foot drop to the ground. It may be possible for me to drop eight feet, but I would not ask my mom or anybody else her age to do that. I don't mean to go on about the windows, but the Planning Commission made that suggestion, and I have to make a point." Mabusth said, "It is doubtful that the City would consider four foot eaves at an elevation of 16 feet, as hardcover. Staff has not been including eaves as hardcover. There was a time when eaves at more than a 1h' width were considered hardcover." Callahan asked Ms. Brock whether it would be possible to force open the sliding glass doors in the case of a fire. Brock stated that due to the size and weight of the doors, she could not force them open. Goetten stated that there should be a safe exit from the - 11 - ORONO COUNCIL MEETING HELD MARCH 11, 1991 ( #7)ZONING FILE #1609 -BROOK CONTINUED second level without the need to force open a door. Butler questioned whether the doors could be freezing as a result of the furnace not functioning properly. Brock advised that she had the furnace checked by a reputable h=ating engineering firm and they indicated that the furnace is operating to its fullest efficiency. Butler asked whether a catwalk structure would provide a safe method of exiting the property. Brock explained that the catwalk would be constructed with the same degree of supports and footings as a full scale deck. Jabbour asked what the total square footage of stairs would be compared to the square footage proposed for the catwalk. Mabusth replied, "The stairs would be approximately 50 s.,f. and the catwalk would be 195 s.f." Jabbour stated that he agreed with Goetten regarding the after -th---fact penalty. He said, "I had an opportunity to check on Ms. B,:ock's builder and found that he is in fact out of business." It was moved by Mayor Peterson, seconded by Goetten, to adopt Resolution #2935, as amended, approving the after -the -fact deck and a stairway, not to exceed 50 s.f., rather than •a catwalk. Further, the penalty fees normally charged for after - the -fact applications shall be waived in this case. Motion, Ayes -5; Nays -0. Motion passed. ( #8)JOINT USE DOCK LICENSES Bernhardson presented Council with eight joint use dock licenses for their consideration and approval. He said, "I would like to request that the license for Sandy Beach be removed from the list at this time. The City is considering the initiation of hazardous building proceedings for some of the structures on this property. That may have an impact on the number of slips that can be allocated to that property. We will bring that application back for your consideration at the March 25th Council meeting." It was moved by Butler, seconded by Mayor Peterson, to-adopt Resolutions #2936, #2937, #2938, #2939, #2940, #2941, and #2942, approv:Lng Joint Use Dock Licenses for Navarre Cove, Rhode /Enlow /Lindahl, Victoria Estates, Walters Port, Minnetonka Power Squadron, Foxhill Homeowners, and Forest Arms, respectively. The application for Sandy Beach is tabled until - 12 - ORONO COUNCIL MEETING HELD MARCH 11, 1991 (#8)JOINT USE DOCK LICENSES CONTINUED March 25, 1991. Jabbour asked whether the owner of Sandy Beach has been notified of the City's intentions. Bernhardson stated that notification had not yet been given, but would occur shortly. Motion, Ayes -5; Nays -0. Motion passed. ENGINEER'S REPORT: ( #9 *)CHANGE ORDER #2- PUMPHOUSE #3 It was moved by Goetten, seconded by Butler, to approve a time extension of the completion date for the Pumphouse #3 Project from December 15, 1990 to May 15, 1991, for substantial completion and site grading and landscaping to be extend-ad to June 15, 1991. Motion, Ayes -5, Nays -0. Motion passed. ( #10 *)PAY REQUEST #5- PUMPHOUSE #3) It was moved by Goetten, seconded by Butler, to approve Pay Request #5 for Pumphouse #3, in the amount of $5,225.00, payable to Richmar Construction. Motion, Ayes -5, Nays -0. Motion passed. MAYOR /COUNCIL REPORT: OTHER Mayor Peterson stated that she, and hopefully the Council agreed, to reinstate the article in the newspaper with a revised title. Council agreed that printing of articles, entitled "Coming from the Orono Council Chambers ", rather than "Mayor's Article ", should resume. Rosemary Schauer stated that submission of the articles to the "Laker" should be handled in the same method follow-ad for press releases. With regard to the publishing of a City Newsletter, Mayor Peterson referred Council to a sample prepared by Sherokee Ilse. She asked if Council would give this idea some consideration over the next two weeks azd be prepared to offer comments and suggestions at the March 25th Council meeting. Goetten asked whether consideration is still being given to publishing and distributing a newsletter prior to the upcoming Town Meeting. Jabbour said, "It was my understanding that we were first going to find a person interested in doing a newsletter, and then determine how much it will cost the City to do this. I would like to know how Sherokee's involvement came to be." Mayor Peterson replied, " Sherokee's involvement is not official. She volunteered to provide us with a format to get an - 13 - ORONO COUNCIL MEETING HELD MARCH 11, 1991 MAYOR /COUNCIL REPORT -OTHER CONTINUED idea of how a newsletter might appear, and the kind of items we may wish to include." Sherokee said, "I volunteered to put something on paper as a starting point to give you a visual concept of a newsletter. I would be happy to assist the City with this project, if Council would like me to do so." Council thanked Sherokee for her efforts and interest. Mayor Peterson stated that it will be necessary to determine what the approximate costs of publishing and printing a newsletter would be. We need to agree on how often th publication should be distributed. Butler suggested sending the newsletter out with the sewer and water bills. Siie said, "The City has explored the aspects of sending out a newsletter in the past and fou:zd it to be an expensive venture. Everyone that started the process had the best of intentions and good faith, but found that it was too costly to produce and distribute one piece of paper, as opposed to using the press. I think the trade -off has been the Mayor's Report published in as many of the local newspapers as possible n order ,o get the most exposure for the least amount of taxpayer's dollars." Goetten agreed w_th Butler. Sze said, "Though I have not been in favor of the cost for producing a newsletter, I feel that communication between the City and residents over the next few years is vitally important. It seems that not everyone gets the paper, and those that do not a-e not informed. We thought we- would try a newsletter to see if it helps. If we have someone willing to volunteer their efforts in preparing a newsletter, that should make the project more feasible." Bernhardson stated that he would provide Council with a map depicting the areas covered by the "Laker ", as well as cost estimates for mailing a newsletter. He .said, "The sewer bills awe not all sent out at the same time and the septic bills only go out once a year." Mayor Peterson stated that she would like to have some method of informing the residents of the need for building permits, which may, in turn, reduce the number of after - the -fact applications. Jabbour stated that he had spoken to a gentleman who did not understand how the City could inform him, through the mail, that he needed a dog license, but could not tell him that the City was ready to spend money on a new facility. He said, "Because of the - 14 - ORONO COUNCIL MEETING HELD MARCH 11, 1991 MAYOR /COUNCIL REPORT -OTHER CONTINUED particular issues facing us, we need to keep the residents informed all along the way. I do not think it is in our best interest to drop all of the information pertaining to an issue on the residents at the last minute. It may cost the City approximately $2,000.00 to print and mail a newsletter. I have concluded that theta are many people who do not read the newspaper." Butler and Mayor Peterson agreed that some people never read the newspaper, and would probably not read a newsletter. Curt Quady stated that he liked the idea of a newsletter, even if it cost the City some money to do. He said, "The Minneapolis newspapers do not ever have information about Orono. Somehow, the City has to have mo;=e communication with the :residents." Callahan stated that he, personally, is unlikely to read a newsletter. He said, "I am almost certain that even if we distribute a newsletter to the residents, there will still be people who will claim to be uninformed. I do not oppose the intent of sending out a newsletter, but question whether it will have the impact for which we are hoping." ( #11) TOTIN MEETING Goetten suggested that something be done to inform the residents of the purpose of the Town Meeting. She said, "So far, I have received a number a :galls from people who think this meeting is for the purpose of discussing Highway 12." Mayor Peterson stated that she was concerned about the impression being formed by the residents of what a town meeting should be. Si-ie asked Butler if she could provide a definition of a town meeting. Butler replied, "Yoe: could compare a town meeting to the public comment section on the Council agenda. I.f a topic is already being discussed in some other forum, it will not be discussed at the town meeting. If people want to know about Highway 12, there are specific me etings held for that purpose. Issues such as hardcover, the length of time to process a zoning application, how to better our communication with the residents, and lakeshore protection policies, should be discussed at a town meeting. If .a town meeting does nothing more that make five people aware of the dangers of lawn chemicals on lakeshore yards to the point where they cancel that service, it would have served its purpose." Jabbour added, "Opinions about recycling and clean -up days would be appropriate to discuss." - 15 - ORONO COUNCIL MEETING HELD MARCH 11, 1991 (#11)TOWN MEETING CONTINUED Goetten asked how the Council could diplomatically handle those people at the meeting that wish to discuss issues such as Highway 12. Butler s=uggested pJ_eparing a :specific agenda for the Town Meeting, and publish it.prior to the meeting. She suggested that at the same time, language should be published specifically stating what topics will not be discussed. Sherokee Ilse suggested that the article in the paper provide information telling people what they can do to get a specific topic included on the agenda. Jabbour stated that the City must do something :o inform first time Orono residents of what they can and cannot do with their property. Sara Moos suggested that the City attempt to invite area realtors to the meeting when the agenda includes topics such as hardcover, that would be beneficial for them to know when selling property in Orono. Council agreed with Moos. Mayor Peterson asked Council if the TDwn Meeting should be scheduled later than April 6th. With regard to St -aff members that should be present at these meetings, Butler suggested that all Staff members exposed to the public should attend. Bernhardson stated that he would bring this issue back for Council's consideration at their March 25, 1991 meeting. (#12)JOINT COUNCIL & PLANNING COMMISSION MEETING Butler stated that she did not object to the idea of such meetings, but questioned the legality of holding such meetings in a private club. She said, "The Lafayette Club is a private facility, not public. I think the City could be accused of holding a closed meeting if it is held in this location." Goetten asked the City Attorney for his opinion of what constitutes open and closed meetings. Barrett replied, "It seems to me that key is that the public be allowed access to whatever.facility is chosen. I cannot state at this point whether the facility has to have a designation as being a public place, rather than private. I would have to research that aspect. I did not bring this matter to your attention, because it was my assumption that the City would rent - 16 - ORONO COUNCIL MEETING HELD MARCH 11, 1991 ( #12)JOINT COUNCIL /PLANNING COMMISSION MEETING CONTINUED the Lafayette Club for this purpose, thus allowing public access." Jabbour stated that he would not want to hold the meetings at a place where the public feels intimidated to attend, even if it is legal to do so. It was agreed that Council would hold a breakfast meeting with the Planning Commission at 9:00 a.m. on Saturday, April 20, 1991, at a place to be determined later. It was also agreed that Council would set a time arzd date for a breakfast meeting with the Perk Commission at a later time, Butler asked the City Attorney for his opinion regarding the need to have someone present to take minutes at such meetings. Barrett stated that he would research that issue, in addition to the private /public building, and provide Council with information at their March 25, 1991 meeting. ( #13)PLANNING COMMISSION APPLICANTS Bernhardson presented Council with lette::s of interest received in response to the advertisement placed in the paper. He asked Council to consider whether they would like to send the letter, also presented in draft form this evening, to the applicants. Mayor Peterson asked S: :aff is they have received any notification from the tw.:-) Planning Commission members whose terms are expiring. Mabusth replied, "They have submitted written letters." Mayo;: Petersen asked Council if they wished to propose any revisions to the draft letter. Goetten replied, "I want to make sure that everyone applying understands the responsibility that -_s required with this position. Tile Planning Commission does not just hold meetings once a month, there may be additional meetings. I believe I can speak for the Council when I :;ay that we would like to have the Planning Commission more involved with the City issues." :;abbour stated that his interest in holding a joint meeting with the_ Planning Commission is to discuss with them what their role should ba. He said, "I want to be sure that the Planning Commission members understand their role acid a-e willing to commit their time and energy to fulfilling that role. The ad in the paper did state that the- Planning Commission meets once a month and that may give the applicants the wrong impression." - 17 - ORONO COUNCIL MEETING HELD MARCH 11, 1991 ( #13)PLANNING COMMISSION APPLICANTS CONTINUED Mayor Peterson asked Bernhardson to include language in the letter that will provide more clarification as to what will be expected. Goetten suggested that Council may wish to consider a one -year probation period for newly appointed Planning Commission members. Jabbour and Butler stated that Planning and Park Commission members have the option of resigning at any time. Goetten said, "I could see where people may not resign, but would just not do the work necessary for them to do." Butler asked if there is still a provision in place which states that anyone missing three meetings will be asked to discuss their commitment to the position. Bernhardson stated that such a provision is still in effect. Callahan stated that it appears the Council may w.Lsh to change the role of th-a Planning Commission. He said, "If that is the case, it would be wise to decide what that role is before an appointment is made." Council agreed with Callahan. Jabbour indicated that he has no real desire to change the role or the Planning Commission, but rather to be sure that the members are fulfilling the responsibility they now have. In the past years, the Planning Commission has just been a step in the process. I think the Planning Commission members are very. capable and devoted. The Chairman has been there ten years. In my opinion, they are not being used to their fullest potential. Some of the members are excited and anxious to take on additional work. I want to be sure that those who wish to do the extra work are not being hampered by those that have no such interest." Mayor Peterson asked that Council contact Mark prior to the March 25, 1991 Council m=eting to relay their thoughts and ideas regarding the role of the, Planning Commission. Goetten suggested that the Planning Commission be asked how they perceive their role. Mayor Peterson asked Bernhardson to have that question included on the- Planning Commission's March 18, 1991, meeting agenda. - 18 - ORONO COUNCIL MEETING HELD MARCH 11, 1991 ( #13)PLANNING COMMISSION APPLICANTS CONTINUED Callahan stated that the role of the Planning Commission is specifically defined in the City Code. He said, "If we need to know what that role is, we can read the definition. If we wish to change that role, we can do so. As I recall, the Planning Commission's role is not defined the way several of us are suggesting it ought to be." Mayor Peterson stated that the Code refers to the Planning Commission as being an advisory board. Callahan stated that is true to a certain extent, but that planning is not included in their responsibilities. Jabbour said, "I do not think, over the past four years, that the Planning Commission was given the role defined in the Code. I would welcome the opportunity to sit dawn with the entir; Planning Commission and brain storm. Council agreed to provide the City Administrator with their ideas pertaining to the role of th3 Planning Commission, and that Staff should proceed as directed by Mayor Peterson. No further action was taken. ( #14 *)CITY COMMUNICATION -CABLE TV REPRESENTATIVE'S REPORT It was moved by Goetten, seconded by Butler, accept the information presented by Bernhardson, and to provide direction at a later time regarding the manner in which reports from the Representative on the Lake Minnetonka Cable Communications Commission will be reviewed. Motion, Ayes. -5, Nays -0. Motion passed. CITY ADMINISTRATOR'S REPORT: ( #15)HIGHWAY 12 PLANNING COMMISSION RECOMMENDATION Bernhardson presented Council with information pertaining to th3 Planning Commission's recommendation regarding the Highway 12 Corridor location. The information included several options that Council may wish to consider once they receive the Planning Commission's recommendation. Jabbour stated that he preferred to table this matter. Council agreed with Jabbour, and the item was tabled. ( #16)WOODHILL COUNTRY CLUB Mark Albrecht, Woodhill Country Club Manager, and M;:Lrk Gronberg, Surveyor, were present. Bernhardson provided Council with information in response to their questions and concerns pertaining to a request from - 19 - ORONO COUNCIL MEETING HELD MARCH 11, 1991 ( #16)WOODHILL COUNTRY CLUB CONTINUED Woodhill Country Club to connect to municipal sewer. Ha briefly reviewed each of the issues noted in his February 25, 1991 memo. Jabbour asked if there would be any advantage to the City of Orono if it took over the sewer line at some point in the future. Bernhardson replied, "We are not certain that there is an advantage for the City to take over the line. The line will be constructed to City standards, and it may be appropriate to take it over in the future. We view it in the same light as a private road." Butler asked how the City can be sure that construction of this line will not prompt the Woodhill Country Club to undertake a housing development on or around their property. Bernhardson replied, "The;:e are no guarantees that such a request would not be brought forward. However, part of the agreement, if this is approved, will include language restricting the Club from allowing anyone else to connect to the line. In the event such a request is received by the City, a Comprehensive Plan amendment would be required to allow sewer. The Clubhouse is located within the M.U.S.A. line, but any other development would require an amendment to the M.U.S.A. line." Mar:: Albrecht added, "Thee are no plans for any future development. The line is being developed exclusively on Club property. Approximately five years ago, Woodhill purchased some property bordering the Club so that development could not occur. There is no desire to develop around the golf course." Mayor Peterson asked how far it is from the Club's property line to the lift station. Albrecht replied, "It is approximately 50 feet across privately owned property to the lift station." Jabbour asked Albrecht if the Club has obtained the permission frram the property owner to install the line across his /her property. Albrecht replied, "I have talked with the property owner and she indicated that she is willing to discuss the proposal." Goetten said, "It may be true that we trade -off residential connection chargs with the City. of Wayzata. However, the Country Club is a ;commercial operation, which is entirely different." - 20 - ORONO COUNCIL MEETING HELD MARCH 11, 1991 ($16)WOODHILL COUNTRY CLUB CONTINUED Bernhardson responded, "The Wayzata Country Club is located for the most part in Orono, and is ,a commercial venture. I doubt that there were any connection charges. The number of. units involved with Woodhill is ten. The number of residential properties that .Orono has hooked up on North Ferndale through Wayzata is close to 50. If you look at this from a unit standpoint, this is one of the opportunities Orono will have to fire -pay" a Wayzata property for units not charged for Orono properties." Butler asked if in fact the pra gesture of waiving connection charges cities. Bernhardson s::ated t: .iat the connection charges for two houses on 1980. ctice of reciprocating the is still practiced by both City of Wayzata waived West Ferndale Road back in Butler said, "That was eleven years ago. Are we being fiscally responsible by continuing to waive connection charges ?" Bernhardson replied, "We are requiring the Club to be financially responsible for an additional pump upgrade for the lift station. In that sense, we are being.fiscally responsible. If we did charge a connection fee, it could either go into the sewer operating fund for future connections, or it could be refunded to those people that paid for the lift station." Butler said, around the north will be charged a that had to pay Woodhill Country charge, I would bi "My paint is that if sewer is ever installed side of Stubbs Bay, every one of those homes connection fee. Ir I were one of the residents a connection fee, and I found out that the Club was not required to prey a :connection a furious." Bernhardson replied, "The difference is that Woodhill Country Club is in another reciprocating City, and they are connecting their own line at a cost of $250,000. Additionally, they may incur at least $25.000 to upgrade the pump." Jabbour cited an example of a Tonkawa Road resident that was charged an additional connection fee when he connected a guesthouse on his property. Bernhardson stated that the resident may have only been charged for one unit when sewer was installed, and was then charged for the other unit when he hooked up the guesthouse. He said, "The City does charge a separate unit fee for guesthouses. I will review that situation." - 21 - ORONO COUNCIL MEETING HELD MARCH 11, 1991 ( #16)WOODHILL COUNTRY CLUB CONTINUED Mark Gronberg commented, "If Woodhill Country Club had been included in the sewer project that went through that area, the $250,000 basing paid by the Club would have been included in the unit costs to the residents." Mayor Peterson asked Albrecht what Woodhill's time schedule is for installing the line, if approved. Albrecht replied, "As soon as the frost is out of the ground we would consider starting the project. Butler and Goetten agreed that connecting the Club to sewer is a good idea. Both were concern-ad about the project being handled in a financial manner that is fair to the residents of Orono. •iabbour asked, "Has S-aff concluded then that the cost to the residents for the 1931 sewer project, if Woodhill had been included, would have been the same, or more, than the connection fees we are waiving ?" Bernhardson replied, "That i.s ma opinion. Additionally, there is the aspect of maintaining the line, which the City is not undertaking at this point. T:ie Club will pay a maintenance, or capital depreciation, fee, which will be used to build up a reserve to replace portions of the line or lift stations in the future." Curt Quady asked if the Club would be charged for ten units at $51.15 /quarter to use the system. Bernhardson replied, "In.-Ji.tially, yes. Woodhill will be asked to put a meter on their well." Quady stated that from what he understands, the meter would not be installed for a year. He said, "It seems that ten units is not sufficient to address the usage a facility such a Woodhill must have." Bernhardson replied, avera:je flowage numbers appropriate." Quady said, "In other wat3r being pumped into generated by a single famil "Glenn Cook reviewed the peak and and determined that ten units is words there is only ten times as much the system from Woodhill as that .y. Bernhardson replied, "Yes, on an annual basis." Cook said, "We are viewing this on an average annual basis." - 22 - ORONO COUNCIL MEETING HELD MARCH 11, 1991 ( #16)WOODHILL COUNTRY CLUB CONTINUED Bernhardson reiterated that the $51.00 /quarter would apply for the first year, and would then be adjusted in accordance with the metered usage recorded. Jabbour said, "In .-iiy opinion, the City is coming away from this with minimal liability, while putting on reserve for future equipment failure or upgrades, and the Club is becoming ecologically more responsible." Butler noted that she wants to know that Woodhill Country Club is in fact within the M.U.S.A, line. Callahan stated that he agreed with Councilmember Jabbour. It was moved by Callahan, seconded by Butler, to direct Staff to undertake the drafting of an agreement with the Woodhill Country Club .o take in -o account the construction of a sewer line in accordance with City specifications with the City only charging a maintenance charge, subject to potential upgrade of the lift s::ation, of which the Club's responsibility would be defined. Additionally, the agreement would specify that the City has the right to take over the line at a time in the future that a Council majority would so decide. Until then, it is to be privately maintained and the Club cannot allow any other property to connect to the line without Council approval. Jabbour suggested that Staff be directed to monitor the flowage to assure that Woodhill is charged appropriately for their usage. Motion, Ayes -5, Nays -0. Motion passed. ( #17)FACILITIES Bernhardson stated that at least three Planning Commission members will be unable to attend the Work Session scheduled for March 27th. Mayor Peterson asked that the Planning Commission include the selection or a date for the Highw, -Ay 12 Workshop as part of their March 13 meeting agenda. Mabusth stated that this item would be included on the Planning Commission's meeting agenda. 3ernhardson asked Council to consider whether the draft letter shou-.d be mailed to the Facility Committee members inviting them to the Work Session. He also asked Council for their input regarding the agenda presented for their consideration, and whether or not.a questionnaire should be sent to the Crystal Bay neighborhood. Bernhardson further noted that John Gerhardson had included information outlining possibilities for a temporary Public Works Facility. - 23 - ORONO COUNCIL MEETING HELD MARCH 11, 1991 ( #17)FACILITIES CONTINUED Jabbour stated that the City should first find out which of the Facility Committee members, if any, are still interested in serving in that capacity. He said, "It will then be important for Council to appoint new members and a chair." Callahan suggested that it may not be.necessary for the Facility Committee to continue with the same number of members it initially had. He said, "We can proceed with the number of members that al-e still interested, if that proves to be a majority." Jabbour indicated that he would like to see someone familiar with Orono policies, as well as building knowledge, be appointed to the Committee." Bernhardson stated that the Council could send the letter asking the members to indicate their interest in serving, but that the role of the Committee has not yet been defined. Callahan suggested sending a letter inviting the Facility Committee members to the upcoming Work Session. He said, "We can then see how many members come to the meeting, and determine what we need to do from that point. At least those that attend will get an understanding of the direction we are taking." Jabbour indicated that there may be people who wish to continue serving on the Committee that cannot attend the meeting for one reason or another. Callahan suggested including a question at the bottom of the letter asking them if they wish to continue, and to indicate yes or no. He further suggested that a self - ,:addressed stamped envelope could be included to mail back their response. It was the consensus of Council to accept the information presented by Staff, and to proceed as suggested by Callahan. (#18)STORM WATER MANAGEMENT Bernhardson asked Council if they wished to consider undertaking an overall storm water management program for the City at an approximate cost of $225,000. He said, "In the event Council do -as not wish to consider such a project at this time, perhaps you would like to consider alternate methods of financing storm water projects." Butler asked whether the City needs to have such a plan in response to proposed legislation. Bernhardson replied, "The City should have a .storm water management plan, though it is not yet mandatory to do so. I - 24 - ORONO COUNCIL MEETING HELD MARCH 11, 1991 ( #18)STORM WATER MANAGEMENT PLAN CONTINUED suspect that within the next five to ten years, it may be mandatory. Orono's Comprehensive Plan Is predicatr!d on preventing storm water runoff from entering Lake Minnetonka. Implementing a storm water management program would be a physical demonstration of our intention to uphold the Comprehensive Plan. A storm water plan would also serve as a guide for future development." Butler asked what could be done to assure that the plan implemented by the City would meet the criteria required by any future legislation. Bernhardson replied, "The State new requires that each watershed district provide a storm water management plan. Of course, we are within the Minnehaha Creek Watershed District, and they have provisions that the local municipalities must meet. The watershed districts have already set out guidelines and a framework for such plans from the State. Of course it is possible that somewhere down the line, new personnel may discard the existing guidelines." Mayor Peterson asked if considerations for alternative financing of such projects is a result of the pending situation with Livingston Avenue. Bernhardson replied, "There are three ways to fund storm water projects. One is to do a special assessment, as is currently proposed for Livingston A•renue. The second method is L. set up an Ad Valorum taxing district, which means that assessments would be based on the values of the property within the district, rather than square footage of the contribution to the storm water runoff. A house that is worth more would pay more. The third method is to set up a storm water utility which would charge residents based on their lot size, or water usage. That amount is added onto the utility bill. This avoids the need `to go through the special assessment process." Jabbour asked if, in the event such a program becomes mandatory, there may be funding available for the project. Bernhardson was skeptical that any funding woulld be available from the government, and if funding were available, that it would only pay for a small portion of the project. Mayor Peterson asked Bernhardson if the City would be given a certain number of years to complete the .project. Bernhardson replied, "I believe that would be the case." - 25 - ORONO COUNCIL MEETING HELD 14ARCH 11, 1991 ( #18)STORM WATER MANAGEMENT PLAN CONTINUED Callahan said, "If the Minnehaha Creek Watershed District is going -o prepare a storm water plan, then I would think we will have to be in a position to meet their requirements ?" Bernhardson stated that he would attempt :o more clearly define the relationship between the cities and their respective watershed districts, and to find out what legislation may be forthcoming. He :stated that he would also work with the City Engineer regarding costs and the vario -us elements involved with such a project. He suggested that, in the meantime, Council may wish :o give consideration :o alternatives for financing storm water projects. Council accepted the information Bernhardson presented, and took no formal action. ( #19)LMCD COMPREHENSIVE PLAN Bernhardson stated that he and Councilmember Jabbour participated in a meeting of approximately 12 of the 14 LPICD Cities. .He said, "Of the five areas outlined in our letter to the LMCD, we think there is appropriate conceptual direction on four or them. I think trie L:�1CD is willing too modify the Shoreland Management so that it is viewed only as a model ordinance, in which they would have no responsibility or interest, other than coordinating a s.horeland grant process. The City of Orono of has applied separately, and it appears that the D:1R will approve our separate application, once it is kno;,7n how many cities prefer to apply through the LMCD. The LMCD is willing to amend the Plan so that the Board structure remains the same, and that they will not seek taxing authority., apart from the 14 cities. Lastly.. I believe we generated some interest on the part of . Minnetonka Beach and Mound as it relates to what status this plan has visavis other agencies." Bernhardson s::att=-d t:aat there will be an u- -)coming work session involving staff member=s from each of the 14 cities and the LMCD. Jabbour s rated that i = is important to have the representatives from the !.4 communities work together with the Staff members from the respective cities. Council accepted the information presented by Bernhardson, and took no formal action. ( #20)STRATEGIC PLANNING Council accepted the information presented by Bernhardson, regarding 1991 Strategic Planning, and took no further action. - 26 - ORONO COUNCIL MEETING HELD MARCH 11, 1991 ( #21)STUBBS BAY SEWER - ZIESMER LETTER Bernhardson presented Council with a letter from Todd & Marie Ziesmer pertaining to assessment deferral for 15 to 20 years, if and when the Stubbs Bay sewer project is undertaken. Goetten stated that the City is going to have to take a stand on this issue. She said, "The construction costs keep going up, which is not helping anyone." No action was taken. S,-:aff will bring back to April 8, 1991 Council meeting. ( #22 *)MUNICIPAL BOARD PROCESS It was moved by Goetten, seconded by Butler, to accept the information regarding the Municipal Board process for further discussion daring the City Attorney's report. Motion, Ayes -5, Nags -0. Motion passed. ( #23)1991 YARD WASTE DROP -OFF PROGRAM RESOLUTION #2943 Mayor Peterson removed this item from the Consent Agenda for discussion. She asked Gerhardson if Spring Park contributes financially for their involvement in this program. Gerhardson replied, "I believe the City of Spring Park had three residents that dropped off yard wastes. I-= there was more participation, the City of Spring Park would have reimbursed us." Mayor Peterson asked if Spring Park will participate in the program this year. Gerhardson replied, "Yes, they will participate." It was moved by Butler, seconded by Mayor Peterson, to adopt Resolution #2943, establishing a 1991 Yard Waste Program for Orono and neighboring communities, and to submit an application for funding reimbursement from Hennepin County. Motion, Ayes -5, Nays -0. Motion passed. ( #24)1990 BUDGET ADJUSTMENTS Councilmember Goetten and Mayor Peterson had both requested the opportunity to discuss this item, and removed it fr.-.)m the Consent Agenda. Goetten stated that it was her understanding that items such as this would not be placed on the Consent- Agenda. She requested more time to review the iilformation presented, and suggested tabling this item. Mayor Peterson asked Bernhardson what process was used to incorporate the budget amendments without changing the total - 27 - ORONO COUNCIL MEETING HELD MARCH 11, 1991 ( #24)1990 BUDGET ADJUSTMENTS CONTINUED dollar amount. Bernhardson s sated that he would p~ovide Council -with more information in that respect. It was moved by Jabbour, seconded by Butler, to table this item. Motion, Ayes -5, Nays -0. Motion passed. ( #25 *)ADMINISTRATOR'S INFORMATION It was moved by Goetten, seconded by Butler, to accept the City Administrator's Information regarding: North Ferndale, Alan Carlson Development, Plastics Recycling, Contract Kennel Service, January Receipts and Disbursements, Wire Transfers, and Administrator's Goal Setting. Motion, Aves -5, Nays -0. Motion passed. CITY ATTORNEY'S REPORT: None. (26 *)LICENSES It was moved by Goetten, seconded by Butler, to approve the following license(s): Special Events: L. Cramer Designers & Builders Parade of Homes 2109 Sugarwoods Drive April 7 -21 Residential Kennel: Wayne E. Carrier 1376 Nort -in Arm Drive Willi Hayes /13. Zohara 565 Hanlon Avenue Ross B. Nathanson 2420 Countryside Drive Septic System Installer: Thompson Plumbing Corp. 15001 Minnetonka Industrial Road Widmer Inc. 4250 Creekview Circle Motion, Ayes -5, Nays -0. Motion passed. ( #27 *)BILLS It was moved bv Goetten, seconded by Butler, to approve payment of the All Funds Account. Motion, Ayes -5, Nags -•0. Motion passed. - 28 - ORONO COUNCIL MEETING HELD MARCH 11, 1991 EXECUTIVE SESSION At 10:18 p.m., City Attorney Barrett requested that Council adjourn to an. Executive Session for the purpose of discussing pending litigation. Barbara A. Peterbon, Mayor •- 29 —