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HomeMy WebLinkAbout08-22-1988 Council MinutesS. 4._.- • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 22, 1988 ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Goetten, Peterson, Callahan and Nettles. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Public Works Director Gerhardson, Police Chief Kilbo, City Recorder Scheffler. Assistant City Attorney Whitney was also present. • 0 CONSENT AGENDA* It was moved by ;Councilmember Goetten, seconded by Councilmember Peterson, to approve the Consent Agenda excepting items #16, #19 and #22, as requested by Councilmember Callahan. Motion,,Ayes =5, Nays =O, Motion passed. COMMENDATION — ORONO POLICE RESERVES Mayor Grabek presented the Orono Police Reserve Officers with Certificates of Appreciation. He stated that these officers volunteered their time and energy to serve on the Reserve Force of the Orono Police Department. In 1987 the Reserve Force volunteered a total of 3,096 hours, and as of August 22, 1988, they had already given 1,592 hours of volunteer service. The Reserves partake in the apprehension of criminals and investigation of crimes that occur within the City of Orono. Special recognition was given to Peter Achey, who has served 15 years as an Orono Police Reserve Officer. Corporal Randy O'Brien assisted a little girl who was stung by a bee and bit by a dog during the .Corn Days celebration in Long Lake. He was given special recognition through the reading of a letter of appreciation that had been written by the parents of the little girl. Officer C.J. Gonsier was 'congratulated for being voted Reserve Officer of the Year by his fellow officers. APPPROVAL OF MINUTES* j It was moved by Councilmember Goetten, seconded. by Councilmember Peterson, to approve the Minutes of the August 8, 1988 Council Meeting. Motion, Ayes =S, Nays =O, Motion passes. . LAKE MINNETONKA CONSERVATION DISTRICT REPORT Representative JoEllen Hurr was unable to attend the meeting. PUBLIC COMMENTS There were no comments from the public. 1 MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 22, 1988 • ZONING ADMINISTRATOR'S REPORT: .. #1265`MINNETONBA ALANO 2760 FOX STREET VARIANCE RESOLUTION #2486 The applicant was present for this matter. City Administrator Bernhardson explained that applicant was requesting a Conditional Use Permit for an occupancy at 2760 Fox Street. The old church at this location had been used by the Minnetonka Ala no Group for a number of years and they would like to expand the present parking facility. However, their use of the church had never been formally recognized and they were advised by the City that it would be necessary to obtain a conditional use permit as well as approval of a setback variance. In reviewing this application, it also became apparent that the applicant needed to replace the existing septic system. ,The City Zoning staff recommended that a holding tank be used in place of the present system. There were no further comments or questions on the part of the Council or the applicant. It was moved by Councilmember Goetten, seconded by • Councilmember Callahan, to approve the conditional use permit /variance, per staff recommendation. Motion, Ayes =5, Nays =O, Motion passed. #1291 ALFRED IVERSON 2835 CASCO POINT ROAD VARIANCE RESOLUTION #2487 The applicant was present.for this matter. City Administrator Bernhardson explained that the hardcover variance requested in this matter had previously been approved at 38.4 %. The approval included a provision allowing applicants to bring the matter bath before Council if the hardcover percentage was not acceptable. After further review, it was calculated that the hardcover required for the turnaround was 39.4 %. Applicants are requesting approval for hardcover at this revised percentage. Councilmember Goetten inquired as to the reason.for the additional 1 %. Mrs. Iverson stated that they now have a turnaround that is more functional. Councilmember Goetten asked Zoning Administrator Mabusth if it was more beneficial, from a safety standpoint, to relocate the turnaround. Mabusth stated that there was definitely a need for the turnaround, but she had • not requested input from the City Engineer as to the specific design. Goetten asked about a final, updated survey. Mabusth replied that the City will ask for the survey at the time Iverson's apply for the building permit. 2 • MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 22, 1988 ZONING FILE #1291- IVERSON CONTINUED It'was -moved by Mayor Grabek, seconded by Councilmember Goetten, to amend the present Resolution #2475 to indicate 39.4% hardcover was approved, provided that applicant offset any future increase in hardcover by removal of the same percentage. Approval is also contingent upon applicant providing a revised survey to show the 1% hardcover increase. Motion, Ayes =5, Nays =O, Motion passed. #1296 MERRITT J. PETERSON /RICK STODOLA 1895 SHADYWOOD ROAD VARIANCE- DENIAL RESOLUTION The applicants, in addition to Mr. Ewald Gustafson and Mr. and Mrs. Tillotson were present for this matter. City Administrator Bernhardson explained that this matter had been considered and conceptually denied at the July 11, 1988 Council Meeting. This application involved the maintenance of a dock on a substandard lot. An issue had been raised as to whether the granting of an accessory use variance when there was no primary use constituted a use variance. The City Attorney researched this issue and concluded that it is not a use variance • which the City would not be allowed to grant, however a variance would be needed to allow dockage, be it a seawall or a regular dock. Subsequent to the last meeting, a letter was sent to Mr. Gustafson, one of the owners who sold the property to Mr. Peterson and Mr. Stodola. There are still issues which need to be addressed, one of them being an easement granted to Mr. Tillotson across part of the parcel. Other items of concern are that sometime in the past there was a 32' x 32' corner of the property that was sold to Mr. Tillotson, as well as questions regarding instructions to potential buyers as to the possible riparian rights on the lot. City Administrator Bernhardson noted that the present Resolution for Denial only addressed the buildability of the lot. Due to the fact that the proponents have not shown a hardship for using the property for boat dockage, that language would need to be added should the Council choose to deny the accessory use. Zoning Administrator Mabusth stated that the applicant had conversed with Mr. Gustafson and that they would request tabling this matter until they had further opportunity to meet with all concerned parties. After such meeting, the applicants would appear again before the Council to present their proposal. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to table this matter. Motion, Ayes =5, Nays =O, Motion • passed. 3 MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 22,`1988 • #1303 ALLAN REZABER 1989 FAGERNESS POINT ROAD VARIANCE The applicants were present for this matter, as was applicants'. neighbor, Mr. Fisher. Prior to any discussion on this matter, Mayor Grabek removed himself from the Council, due to his personal association with the parties involved. City Administrator Bernhardson explained that the applicants were seeking a lakeshore setback variance for the purpose of relocating a fence due to a judicial determination of a shared lot line. It was determined that the' Rezabek's fence encroached upon the Fisher property approximately 6" to 11. Mr. Rezabek attempted to move the fence within the boundary line of his property and was informed that to do so would require a variance due to the proposed fence location being within the 0' -75' zone of Lake Minnetonka. Acting Mayor Callahan asked Mr. Rezabek for his comments. Mr. Rezabek reiterated the facts, as stated by Bernhardson. He added that reinstallation of this fence would not include the addition of any new structure. He pointed out that the Planning • Commission had failed to cite a specific reason for recommending denial of this matter. The hardship in this case was the, legal action that -redefined'the shared lot line. He thanked the Councilmembers for their atttention to this matter. Mr. Fisher stated that the legal action 'did not ascertain who actually owned the fence in question. Affidavits dating as far back as 1962 -1972 indicated that the fence was not present on the property at that time. Mr. Fisher believed that the people from whom he purchased his house built the fence.' There has been an ongoing dispute as to who owned the fence. He sent a letter to the City setting forth his position on restoring the fence on Rezabek's property. In summarizing his opinion, he stated that the fence is aesthetically displeasing and creates a safety hazard. Callahan asked Mr. Fisher if the fence was present at the time his driveway was installed. Mr. Fisher stated that at the 'time the driveway was being installed, the fence was removed: After the judicial markers had been placed in April, the driveway was designed on the premise that there would be no fence. Callahan stated that he did not recall Mr. Fisher's request to have the fence torn down at the time he applied for variances for his driveway. Goetten added that there was no such indication on the survey. Zoning Administrator Mabusth recalled that • subsequent to Mr. Fisher filing all paperwork for his variance, she stopped two men from reinstalling the fence on Mr. Rezabek's behalf. Later that day, she was called back because Mr. Fisher was taking down the fence. At that time, Mr. Fisher's driveway - 4 • MINUTES OF REGULAR ORONO COUNCIL MELTING AUGUST 22, 1988 ZONING FILE #1303- REZABEK CONTINUED was already there. Mr. Rezabek stated that contrary to what Mr. Fisher had said about Affidavits supporting ownership of the fence, there is identical fencing on the northern side of his property. However, it was not the duty of the Council to decide who owned the fence. Mr. Fisher stated that it was his understanding that the Rezabek's had sold their house. He failed to understand what the continued interest and value of reinstalling the fence was under those circumstances. Mr. Rezabek stated that Mr. Fisher's information was incorrect. His home was being sold contingent upon he and his wife obtaining approval to purchase another home. As of the time of the Council Meeting, they had not received word to that effect. Councilmember Peterson asked Mabusth what would happen should the fence deteriorate while it is being moved. Mabusth stated that the applicants could not build a new fence, they can only relocate the old one. Any Resolution written would need to include language indicating that City approval would be required prior to installing a new fence. Peterson asked what constituted a new fence. Mabusth stated it would depend upon how the • structure was classified. Under the definitions in the zoning code, the fence would not be classified as an accessory structure. A 6' fence in a side lakeshore yard is allowed: City Administrator Bernhardson suggested that a specific percentage of replacement be indicated, if approved, as to what would be considered a new fence or merely repairs to the existing fence. Councilmember'Goetten asked whether having new owners of the property apply for a variance to make repairs to the fence would then classify the fence as a new fence? If so, would the Council be compelled to vote favorably in light of approving the reinstallation of the fence? Callahan stated that in his opinion, the only concern was whether to approve the application for a variance to reinstall the existing fence. Peterson asked for clarification with respect to applicant's hardship. Zoning Administrator Mabusth stated that circumstances beyond the Rezabeks' control, a newly defined lot line, created the necessity to move the fence. Councilmember Nettles stated that he did not understand why applicant required Council approval to move the fence 6" to 11. It was always located within the 0' -75' zone and the Rezabek were merely conforming to a judicially determined boundary. Councilmember Callahan stated that there are existing "rules" that mandate City approval of any changes made within 75' of the lakeshore. Councilmember Callahan stated that he was sympathetic with • Mr. Nettles' point of view. Reinstalling the fence on Rezabeks' property will not affect the City of Orono in any way. He complimented Mr. Fisher on the aesthetic quality of his property, and said that the fence should not detract from that. He did not 5 K MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 22, 1988 • ZONING FILE #13037REZABER CONTINUED believe that approval of the variance would set .a precedent. It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to direct the City to'draft a Resolution approving the lakeshore setback variance. Councilmember Goetten asked that language be added 'requiring approval for any replacement of .or repair to the fence. Callahan agreed to add that stipulation to his motion. Nettles stated that he did not think it was a good idea to.include language that would discourage the upkeep of property. Zoning Administrator Mabusth suggested adding language that would encourage natural screening. It would enlighten any future property owner as to the underlying principles of the'City. Goetten agreed, adding that the natural environment. was an attraction for persons moving to Orono. Nettles stated that he would like to see the Resolution when drafted, but he would second the amendments as suggested. Councilmember Peterson stated that approval of the variance would be setting a precedent and she would vote no. She would prefer to see natural screening. Motion, Ayes =3, Peterson Nay. Motion passed. #1314 GERALD ROWLETTE 3775 BAYSIDE ROAD • VARIANCE RESOLUTION Applicants were not present and had previously asked that this matter be tabled. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to table #1314 Gerald Rowlette. Motion, Ayes =S, Nays =O, Motion passed. #1315 COUNTRYSIDE MANOR HOMEOWNER'S ASSOCIATION WILLOW DRIVE AND COUNTRYSIDE DRIVE VARIANCE RESOLUTION The applicants were not present for this matter. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to table #1315 Countryside Manor Homeowner's Association. Motion, Ayes =S, Nays =O, Motion passed. #1317 DUANE & NANCY GLEW 1135 BROWN ROAD SOUTH VARIANCE RESOLUTION #2488 Applicants were present for this matter. • City Administrator Bernhardson explained that the applicants were seeking a side setback variance and a street setback 6 • MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 22, 1988 ZONING FILE 11317 -GLEW CONTINUED" variance to construct a detached garage. It was determined that the present entrance and turnaround on the property were in the best location possible. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to approve Resolution #2488. Motion, Ayes =5, Nays =O, Motion passed. MAYOR'S REPORT: LAKE MINNETONKA CONSERVATION DISTRICT SEVERANCE PAY Mayor Grabek mentioned that he had sent a letter to the area Mayors regarding the LMCD Benefits, severance pay in particular, to be paid to Mr. Mixa. He had received a response from the Mayor of Spring Park, who indicated that he would attend the upcoming meeting. CITY ADMINISTRATOR'S REPORT: 1988 -1989 ASSESSOR'S CONTRACT City Administrator Bernhardson explained that this item was • the proposed contract for the Assessor for the remainder of 1988 through July 31, 1989. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to approve contracting with Rolf Erickson for the contracting period from August 1, 1988 to July 31, 1989. Motion, Ayes =5, Nays =O, Motion passed. REPLACEMENT OF COPY MACHINE City Administrator Bernhardson explained that the photocopier in the City offices was in dire need of replacement. It was determined to be more economical to purchase than to lease. A floor model copier would replace the previous table -top copier and would be far more efficient. Mayor Grabek questioned the dollar amount of expenditures that required approval. Bernhardson replied that any purchase over $5,000.00 required Council approval. Councilmember Peterson asked if the two -sided copying feature would allow for a paper reduction in the Council packets. City Administrator Bernhardson answered affirmatively. It was moved by Mayor Grabek, seconded by'Councilmember Peterson, to amend the 1988 Improvement and :Equipment Outlay Fund expenditure budget by $10,000.00 and to award the copy machine purchase to Copy Duplicating Products, Inc. for the Savin 7500 at • the quoted price of $9,997.00, plus a maintenance contract and to charge back the purchase price to the various City departments on a use basis over a 60 month period. Motion, Ayes =5, Nays =O, Motion passed. 7 MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 22, 1988 • SEALCOAT BID AWARD 1988 .City Administrator Bernhardson stated that the City was recommending acceptance of the bid from Allied Blacktop in the amount of $18,470.80 for the seal coating contract. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to accept the bid from Allied Blacktop. Motion, Ayes =5, Nays =O, Motion passed. ti UNDERAGE CONSUMPTION City Administrator Bernhardson explained that this had been discussed at a previous meeting. He wanted to address the concerns the Council had regarding the language of the proposed ordinance. The Councilmembers received a copy of an Edina Ordinance, which could be used as a guideline. He also presented information regarding the proposed DARE program which will educate 5th and 6th grade children about drugs and alcohol. Police Chief Rilbo was present and discussed his concerns about underage consumption. He stated that he had received a number of contacts from citizens concerned about juvenile drinking. In. 1987 the Police Department began working with the City Attorney to initiate a method of dealing with underage drinking. The major obstacle was proof. They could not easily • access property where underage drinking was reported to be taking place. They also had difficulty in that they could only prosecute those who were drinking, not those who were allowing and condoning drinking to take place on their property. Three of Orono's Police Officers talked to children at the school and the Police Department began ticketing minors for underage consumption. The County Judges have increased the amount of the fines to show that they are taking a serious stand on prohibiting underage drinking. Recently, the Police Department had received four calls concerning underage drinking on a boat on Lake Minnetonka. Police Officers waited for the boat to dock and issued citations to 25 juveniles for underage consumption. They had been told by the Water Patrol that parties such as that go on frequently, but that was the first time they had actually caught the offenders. The Orono Police will be giving more attention in this regard. They.have also begun sending letters to the parents of children whose cars were observed in the location of a teenage drinking party. They received a letter from a parent thanking the Police Department for bringing such an incident to their attention. Councilmember Goetten stated that she approved of the Edina Ordinance, but felt that it was not clear in specifying age guidelines. Councilmember Callahan stated that the Edina Ordinance was an improvement over the initial Ordinance proposed is by the City of Orono. However, he questioned whether the Ordinance previously passed was doing an adequate job and if 8 • MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 22, 1988 UNDERAGE CONSUMPTION CONTINUED perhaps was sufficient for handling this problem. City Administrator Bernhardson suggested continuing with the education through the schools and ticketing offending minors. ,A determination could be made after a period of time as to whether those methods are curtailing underage consumption. Chief Rilbo stated that the County Judges are helping considerably with the increased fine schedule for offenders. Councilmember Goetten stated that she was pleased to see that the Police Department was cracking down on drinking while boating. Mayor Grabek asked if the Police Department had been talking to the schools about their increased efforts of enforcing the underage drinking laws. Chief Rilbo stated that they began talking with school children since May of this year and will return again this Fall. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to table this matter at the present time. However, the City will continue to monitor and discuss underage consumption in upcoming Council Meetings. Motion, Ayes =5, Nays =O, Motion passed. • ORDINANCE AMENDMENT- ANIMAL CONTROL ORDINANCE 57, 2ND SERIES City Administrator Bernhardson explained that when this ordinance was recodified it stated that only a leashed dog was allowed outside of a structure. This has not been the City's enforcement policy. The City would like to modify the Ordinance so that a dog may be under verbal command, `in a fenced area, or in a vehicle without the requirement of a leash. The Ordinance reiterates the durable leash, and now 'includes under voice command within 10 feet of the accompanying person. . _ I It was moved by Mayor Grabek, seconded by Councilmember Nettles to adopt Ordinance 57, 2nd Series, per staff recommendation. Councilmember Callahan asked how this :Ordinance would be enforced. Chief Rilbo replied that the Police Department would be notified of a violation on a complaint basis. Councilmember Peterson inquired about specifying the „length of ' the leash and what actually constituted "under voice command ". Callahan asked why the Ordinance was being revised to include the phrase "under voice command ". City Administrator Bernhardson stated that the original Ordinance specified 10' as the maximum leash length. - Effective voice command would be a dog that responded when called by its accompanying person. Also, the dog must be within 10' of the accompanying person. Motion, Ayes =4, Callahan Nay, Motion passed. MONTHLY ARTICLES REVIEW City Administrator Bernhardson explained that this item was to determine if the City should continue publishing a monthly E •, MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 22, 1988 • MONTHLY.ARTICLES REVIEW CONTINUED article in the local newspaper or make a formal newsletter -that would be sent -on a quarterly basis.-- - It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to continue publishing an article in the local papers on a monthly basis. Motion, Ayes =S, Nays =O, Motion passed. AUTHORITY TO DESIGNATE DEPOSITORIES* Councilmember Callahan asked who was authorized to designate depositories. City Administrator Bernhardson stated that the Treasurer /Finance Director would be the designator of depositories. Callahan asked who checked on the decision the Finance Director made. Bernhardson replied that the Finance Director does the purchasing of all of the City Investments. The depositories are designated by the City Council at the beginning of each year, with exception of any new depositories that are used for Certificates of Deposit purchased after January 1st each year. Mayor Grabek stated that there should be a policy setting forth guidelines for designating a depository. It was suggested by City Administrator Bernhardson that the Council table this matter until next meeting so they could review • the guideline portion of the proposed Resolution. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to table this item for further review by the City Council. Motion, Ayes =S, Nays =O, Motion passed. RESOLUTION OF COMMENDATION - ORONO POLICE RESERVES RESOLUTION #2485* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2485, Commendation to Police Reserve Officer Peter Achey. .Motion, Ayes =S, Nays =O, Motion passed. 1988 FEE SCHEDULE AMENDMENT -' ORDINANCE AMENDMENT - 56, 2ND SERIES* It,was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the proposed amendment to the 1988 Fee Schedule Ordinance pertaining to fireworks. Motion, Ayes =S, Nays =O, Motion passed. SALARY ADJUSTMENT LYLE OMAN* - Councilmember Callahan asked for a synopsis of Mr. Oman. City Administrator Bernhardson stated that Lyle started working for the City in 1983/1984 and had previously been a roofing contractor. He was injured in an accident and came to the City on a retraining program. He had previous training in building inspection. He started working part -time in public works and building inspections and over the years has become a full -time 10 .. ., V • MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 22, 1988 SALARY ADJUSTMENT -OMAN CONTINUED building inspector. "He received his level one certificate approximately 2 years ago. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to approve the increase in step level for Lyle Oman from $12.051 per hour to $12.72 per hour effective September 1, 1988. Motion, Ayes =5, Nays =O, Motion passed. TEMPORARY FUNDING OF STREET LIGHTING RESOLUTION #2489* It was moved by Councilmember'Goetten, seconded by Councilmember Callahan, to adopt Resolution #2489, approving the transfer, as a loan, of $113,540.94 from the General Fund to the P.I.R. Fund for payment of the County Road 15 street light project costs, and dedicating future assessments levied against benefitted properties to reimburse the General Fund for the loan including all attendent interest. Motion, Ayes =4, Councilmember Peterson Nay, Motion passed. RESIGNATION PARK COMMISSION CHAIR ROBERT KOST* It was moved by Councilmember Goetten, seconded by 40 Councilmember Peterson, to accept the resignation of Park Commission Chairman, Robert Kost, and to direct staff to prepare a resolution of appreciation to be presented at a later date. Motion, Ayes =5, Nays =O, Motion passed. ADMINISTRATOR'S INFORMATION:* Councilmember Callahan inquired about the hardcover calculations. He wanted to know if the City had a policy stating that the City's hardcover calculations were binding. - .,.Zoning Administrator Mabusth stated that 'in cases where a- surveyor has determined hardcover calculations that vary from the- City's, theme City's are used. -However, there are very few inci"nt:s where a surveyor's calculations are incorrect. The only time there are any problems are when the resident calculates hardcover., Councilmember Callahan also inquired about the status of the water meter for 3508 Ivy Place. He suggested that in light of no response from the resident, that the City should start collecting the bill. Public Works Director Gerhardson stated he had heard from the resident August 22, and the meter would be changed August 23. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept the City Administrator's Information regarding: 3536 Lyric Avenue; 1535 Bohns Point; Highway 12 Ad Hoc Task Force; Livingston Tower Park Sculpture; Hardcover Calculations; Administrator's Vacation; 3508 Ivy Place; Board of Review; Water Conservation Regulations and County 15 Progress. Motion, Ayes =5, Nays =O, Motion passed. 11 .MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 22, 1988 CITY ATTORNEY'S REPORT: - -. No report. LICENSES* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the following licenses: One Day Liquor License: Smith College Club of MN Art Center of Minnesota September 9, 1988 Septic System Installer: Roto- Rooter Sewer Service Co. •14530 27th Avenue North Residential Kennel License: John E. Baker 4680 West Branch Road Motion, Ayes =S, Nays -0, Motion passed. BILLS* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve payment of the All Funds Accounts.. Motion, Ayes -5, Nays -0, Motion passed. ADJOURNMENT 8:35 p.m. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to adjourn the regular Council meeting at 8:35 p.m. Motion, Ayes =S, Nays =O, Motion passed. ATT T: orothy M alliri, City Clerk Jam s R. Grabe , Mayor • Cl •