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HomeMy WebLinkAbout11-10-1997 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 10, 1997 • ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, Barbara Peterson, and Richard Flint. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Planner /Zoning Administrator Elizabeth Van Zomeren, City Engineer Glenn Cook, City Engineer Tom Kellogg, and Recorder Sherry Frost. Mayor Jabbour called the meeting to order at 7:00 p.m. ( * #1) CONSENT AGENDA Items #8, 9, 10, and 14 were added to the Consent Agenda. Goetten moved, Peterson seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES ( * #2) REGULAR MEETING OF OCTOBER 27,1997 • Goetten moved, Peterson seconded, to approve the Minutes of the Regular City Council Meeting of October 27, 1997. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS McDermott reported the Park Commission will be meeting with residents of the West Countryside Drive neighborhood mid - November to discuss amenities for Dickey Park. The Commission is attempting to determine means by which the bike trail system can obtain access into the park. McDermott indicated the Commission will be studying the City's demographics to determine future recreational needs. The Commission is sending letters to the residents of Hackberry and Bederwood Park areas to inform them that the ice rinks at these parks will be discontinued due to poor ice quality. An ice rink will be maintained at Casco Point. The Commission is considering the possibility of creating an ice rink on a pond at the golf course, which would correlate activities for residents with sledding, skiing, and the availability of the club house. Jabbour asked for clarification regarding the meeting with neighbors of Dickey Park. McDermott indicated concern has been voiced from these residents regarding what will be provided at the park. McDermott said the park plans call for a low impact park. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 (Park Commission Comments - Continued) . Jabbour reported that the Council recently agreed to change the name of the Park Commission to include open space and trails to reflect the broader scope of the Commission's activities. PLANNING COMMISSION COMMENTS Commissioner Hawn had no additional comments at this time. PUBLIC COMMENTS Greg Coward, 1950 Heritage Drive, voiced concern over the construction of CoRd 15 from Bracketts Point to the Wayzata border as the roadway has been enlarged. He said he previously voiced to the Council that a wider roadway is not necessarily the best solution for the community. Jabbour informed Coward that the road improvements at the Bracketts Point Curve area initially included two lanes and a shoulder to allow for bike travel and emergency parking. He indicated that there are Indian burial grounds on both sides of the road which restrict width. These have caused the City and County to set aside all plans for any widening of the roadway in this location. A central turning lane, two traffic lanes, and shoulders will be provided from Orono Orchard Road to Wayzata. Coward was told is that the County has added a temporary bypass lane to enable the surcharging of one lane. He explained the process of surcharging and the time required for it to occur. Coward noted that all vegetation has been removed from the roadway to the railroad tracks. Jabbour concurred. Coward distributed an article printed in the Star Tribune relating to road improvements and reading several excerpts from it. He said the County Engineer's answer to road problems is in constructing wider roads. Coward said his experience has led him to believe that the City of Orono looks to the County for their vision. He asked the Council to take the leadership role in telling the County what they would like to see done. Jabbour responded that the City does view road improvements differently than the county and do not believe in widening roadways. He said the road was sinking and needed to be corrected to improve the safety factor. Jabbour said public meetings were held regarding the CoRd 15 improvements. r� U 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 0 (Public Comments - Continued) Coward said he did attend those meetings. He said the road from Orono Orchard into Wayzata has become wider than he ever thought would happen. He informed the Council of the difficulty in getting onto the roadway when traffic is moving quickly. He suggested the road be made to move more slowly to allow access on the road from other roadways. Coward believes there is more than the one answer to correct the road problems. Jabbour informed Coward that the Council reviewed the matter extensively. The Council declined to upgrade the road to State standards and forfeited state funding. Jabbour said the road widening on County Road 15 is necessary to handle the number of cars traveling the road, which is higher in number than that on Highway 55. Jabbour said the traffic counts on the road through Long Lake are even greater. Jabbour said the Council is trying to seek other remedies through improvements made on Hwy 12 and CoRd 6 to allow other alternative routes for Orono residents to relieve traffic on CoRd 15. Goetten said she understands Coward's perception that the road will be widened on the north side. Goetten indicated she was not in favor of the road improvements and did not believe a center lane would result in the objective of improving safety. She believes cars will use it for passing other cars. Goetten said the majority of the Council, however, • voted in favor of the road improvement. Coward said the majority of the Council was wrong in approving the road improvements. He feels the road improvements will attract additional traffic. Goetten informed Coward that the decision to approve the road improvements has already been decided. Coward responded that the Council should consider the future vision that was thought through with several bridges in the area. Jabbour said he was on the Council at that time and the purpose was to slow traffic. Jabbour said there has been consequences to that action with fatal accidents. He indicated the Council needs to listen to recommendations made by the engineers. Coward responded that he is hearing the Council say that the County cannot be fought. He hoped the Council will be more suspicious of County suggestions in the future. Steve Filips, 2570 Thoroughbred Lane, referred to a letter from Gaffron regarding a fence violation. He asked Council if they would consider allowing a temporary variance for the fence. Filips said he understood the reasoning behind the ordinance to eliminate a tunnel effect through fencing. His fence is located about 30' from the property line and about 40' from the road. The reason for the fence is to block the headlights from vehicles on Truffala Trail from shining on the back of his home. Filips said he prefers vegetation but requires the temporary variance until the brush and trees grow to block the nuisance. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 (Public Comments - Continued) • Filips said he called the City offices earlier in the summer and asked about requirements for constructing a fence. He was told that a 3' high fence was allowed in the front yard and 6' in the rear. He installed the fence at a 6' height though would have preferred it higher yet to totally block the nuisance. Filips asked the Council to consider his request for the temporary variance. Gaffron agreed with the accuracy of the comments made by Filips. He showed the location of the fence on the property. Gaffron said there are type 1 wetlands on the property that are regulated through covenants. The fence is located too close to the property line for a through lot, where only a 3 -1/2' high fence is allowed within 50' of the rear street property line. Unfortunately, a conforming fence would also result in' violating the wetland covenants. Gaffron noted the Planning Commission cannot review the temporary variance request until their January meeting. He asked for Council direction. Filips said he contacted the Corps of Engineers about the fence but has not received any comments. Filips said he was unaware of the wetlands on the property. He indicated the property was undeveloped around the fenced area. Jabbour indicated that requests for variances begin at the Planning Commission. Gaffron agreed but thought the Council could give some indication of whether support • for the fence would be received before Filips goes through the process. Jabbour said the request would have to begin with the Planning Commission. He asked about information provided to Mr. Filips by the City. Gaffron reported that the staff responded to fence location for a rear yard, but this resulted in miscommunication because the property was not identified as being a through lot. The Planning Commission will hear the request at their January meeting. Information must be provided to the City by the December 22 deadline. ZONING ADMINISTRATOR'S REPORT ( 0) #2279/ #2280 MARC AND TRACY WHITEHEAD,1220 LYMAN AVENUE - PROPOSED REVISIONS TO PRELIMINARY PLAT RESOLUTION #3966 - PARK FEE APPEAL Tracy Whitehead was present with Attorney, John Winston. Gaffron reported that Staff was directed by Council at an October Council Meeting to revise the preliminary plat resolution. The Council adopted that resolution based on 41 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 • ( #3 - #2279/ #2280 Marc and Tracy Whitehead - Continued) those revisions. Staff has met with the applicant and her attorney, and both Staff and applicant are in agreement with the language in the revised resolution in tonight's packet. Gaffron said the applicant is appealing the park dedication fee, which is based on a pre - development fair market value established by City Assessor of $22,000 per acre for 8% of 7.6 acres or $13,376 for the two lots. A letter from the applicant's attorney appealing the fee is included in the packet. Gaffron updated the Council regarding the drainage and screening issue on the back lot and driveway. Gaffron said he met with the neighboring property owner to the southwest. They discussed the need for a berm to solve the issue of headlights shining into the neighboring property's back yard. A letter is included in the packet from that property owner. Gaffron said the applicant's engineer was asked to revise the plan to show the revision for the berm. Gaffron said Greg Gappa has reviewed the roadway drainage system and finds it should be adequate to handle the additional anticipated stormwater from the proposed driveway and home; therefore, no drainage upgrade is being required. The resolution was presented for Council confirmation as well as the question of park • dedication fee appeal. John Winston said Gaffron has addressed the concerns of language in the resolution, and he is satisfied with the resolution as presented. Winston said he has a strong opinion on the legality of the park dedication fee. He distributed a synopsis on the law applicable to the fee. Winston said he has discussed with Barrett cases before municipalities for park land or fee showing the need to show a relationship between park use and any subdivision. He feels the two single family homes will have a negligible impact on the park system resulting in the ordinance being unenforceable and the fee unreasonable. Winston read sections from the State ordinance. Winston proposed a settlement which he believes to be of reasonable amount. He noted, however, that the Whiteheads felt the amount was more than generous and should be less. Winston requested the money be set aside in escrow and discussed in another venue. Jabbour informed Winston that the appeal should result in the application being tabled. Flint agreed with Jabbour. Flint said he is strongly convinced that the fee is appropriate. He opposed the fee amount being placed in escrow. Flint informed Winston that the cost • of parks and open space is not only paid by general revenue but paid by subdivisions. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 ( #3 - #2279/ #2280 Marc and Tracy Whitehead - Continued) He indicated that large lots have the same benefits to the open space as small lots. Flint said the Council agreed to the cap on the park dedication fee on the Fullerton Subdivision because of the value being disproportionate but feels this is not the case in the Whitehead application. Flint also reported that the percentage, as indicated by Winston, was not the basis for the Council's decision on the Fullerton example. Winston responded that the matter does not need to be decided at this meeting. Jabbour said he disagreed. Jabbour said he did not wish to use park dedication money to pay for attorney fees and felt the Council should determine now whether the law is good or bad. Jabbour said the matter cannot be handled case by case. He noted that Council Member Goetten has felt the Council was acting in haste in the determination on the park dedication fee for the Fullerton Subdivision. Jabbour said he now believes she was right. Jabbour reiterated that park dedication funds will not be spent on legal fees and will not be negotiated by the attorney. He reported that previous comments were taken seriously by the Council, who have had a subsequent work session addressing the issue. The Council is beginning the process of amending the Comprehensive Plan to focus more on acquiring open spaces and trails. Jabbour said the Park Commission was informed that increased parks and open space will require a funding mechanism be in place. The City will project future needs and funding sources. One of these funding sources is the park dedication ordinance. The City believes the percentage fee is valid • and justifiable. Winston said the requirement is to show the nexus for the fee. He said the offer presented by the applicant is reasonable. Winston thought with decisions made at this meeting and through several phone calls, the issue can be solved without further legal involvement. Jabbour informed Winston that he feels the fee as presented by the City is reasonable. He reported that the proposed parks and recreation plan of the City is different from other cities as Orono's vision includes more open space than other cities. Jabbour said the application can be tabled as he will not negotiate each case of park dedication. Winston said if the subdivision is stopped without escrowing the park fee amount, the Whiteheads are left to decide now whether the fee is fair. Winston said he is not asking for approval but wanted to address the matter on the agenda. He asked that the Council confer with the City Attorney. s 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 • ( #3 - #2279/ #2280 Marc and Tracy Whitehead - Continued) Winston said the subdivision has already been approved and conditions must be met but the matter of park dedication needs to be decided by the Council. Winston said he does not like this forum to work out this issue and would prefer the Council confer with counsel Jabbour said changes have already been made in relation to the ordinance. Winston responded that he was not advised of any amendment. Winston said the flat 8% fee based on market value does not meet legal requirements. Kelley said the required fee is lower than a cap would be. Flint said the Council takes into consideration the impact on open space. He noted the $400,000 of park dedication fees already spent on park projects shows a correlation. Winston said there is no record of a correlation between park needs and the park dedication fee. Barrett said that will be addressed as it is valuable to provide as part of the preliminary plat approval. He said the letter provided by staff demonstrates the nexus to the subdivision. Gaffron reported that the language on the revised plat resolution is not in question. He noted the changes were agreed to. Jabbour noted for the record that the meeting, in which the Council discussed the parks and open space plan and the park dedication fee ordinance, was not in reference to this application. The meeting was held to discuss several issues. He said this is not an after the fact matter. Barrett asked to clarify if the question was the amount of the park dedication fee. Gaffron said there had been no change to the park dedication language in the preliminary approval resolution. Gaffron read the language of the resolution pertaining to park dedication noting the applicant did not argue that language. Barrett said he is willing to discuss the park dedication at this time. Winston and Whitehead at this time left the meeting even after being informed that the Council was willing to continue discussing the issue of park dedication. Kelley said he would not approve anything at this time. He would prefer tabling confirmation of changes made to the resolution language. Flint agreed with Kelley though he felt it was a matter of the whole subdivision package including the issue of the road and not requiring changes there. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 ( #3 - #2279/ #2280 Marc and Tracy Whitehead - Continued) • Goetten asked what the time lime is to accomplish solving this issue. Barrett said since the applicant's attorney suggested litigation, it can be discussed during the executive session following the public meeting. Jabbour moved, Goetten seconded, to continue the application to the Executive Session. Vote: Ayes 5, Nays 0. Barrett asked that the record reflect that the applicant and attorney left the meeting before the Council was able to complete the discussion, and the discussion continued for several minutes after the applicant and attorney left the meeting. ( #4) #2283 GARY AND BONNIE BIRNBAUM, 2695 KELLY AVENUE - RENEWAL VARIANCE - RESOLUTION NO. 39997-A The applicants were present. Van Zomeren reported that the application is a request for a renewal of a lapsed variance from 1987 regarding two lots. The applicants reside on Lot 2 and would like Lot 1 to be deemed buildable. Lot area and lot width variances are required for Lot 1. The approval would also include a hardcover variance of 3.6% to allow 28.6% hardcover to remain on Lot 2 where 25% is allowed. Van Zomeren displayed a topographical map and located the building pad for Lot 1. She reported that the issue at the Planning Commission was the sewer assessment that had been paid by the applicant for Lot 1. Lot 1 is .52 areas with .38 contiguous; 5,800 s.f. is not contiguous. The Planning Commission with a 5:1 vote approved variances for lot area and width. Mr. Birnbaum had no additional comments to make at this time. Jabbour asked Barrett if the decision can be reversed when a lot is assessed a sewer unit denoting it a buildable lot. Barrett said, as a general rule, this allows a non - conforming lot to be buildable, but the underlying decision making sewer available tends to confirm a decision that the lot is buildable; though it might be found that the lot is unbuildable and to set the record straight, the fee could be returned. Barrett said this was not very practical, however. Moorse cited an example with tax forfeit parcels that are non - conforming. If these parcels are returned to the County, the City has informed the County that the lot must be combined with adjoining lot and assessment is waived. Moorse said he did not know if this relates to this particular application. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 • ( #4 - #2283 Gary and Bonnie Birnbaum - Continued) Jabbour noted that future Council's cannot be bound and expects that this lot is buildable. He informed the Birnbaums that this decision was necessary to clarify the issue. Kelley, while not suggesting this occur in this application, said in taking a pro- active stance, he would like Gaffron to review if there are lots that have been assessed for sewer and are unbuildable. The City can then make an offer to reimburse the sewer assessment before any application comes forward on the property. Kelley noted that the photograph of the property depicts a fence and questioned it. Goetten said she was on the Council in 1987 and had voted against the variance as the zoning is one acre. She noted that while the lot is lovely, it should have been kept as one lot. Goetten said any residence built on the lot will have to be a very small house. She indicated that the lots on record are not adjoined with the property but this property has sewer to Lot 1 and makes the property substandard. Goetten reported that she will still vote against the application at this time as she did so previously in 1987. Birnbaum said he would take exception to Goetten's comments noting a 1500 s.f. footprint could be built on the lot. As far as setting a precedence for other homes, • Birnbaum indicated that the size is the same as previously approved and 57% of the lots in the area are under one acre. Goetten interjected that those are separate lots so they present a different situation. She said she would not allow a new subdivision to make a lot substandard. Birnbaum said the plat occurred before regulations were in effect. Gaffron confirmed that the lot was platted in the 1940's or 1950's, and the application in 1987 was for a variance only. Birnbaum said the issue at that time was whether the lot was buildable. Flint said he would not support the application based on the logic shown by Goetten regardless of what took place in the past. Cook indicated the need for a 5' easement on the west side of the property for the piping of drain tiles. Mrs. Birnbaum confirmed that there is a pipe running along that side. Kelley noted that this is not a part of this application. Jabbour confirmed that it would have to be settled with the City Engineer at another time. Flint asked to be shown where homes are located along the lake that are less than 1/2 acre. Staff pointed out a variety of lots on the plat map. Peterson said she supported the application in 1987 because of the sewer assessment and will be consistent with that support at this time. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 ( #4 - #2283 Gary and Bonnie Birnbaum - Continued) Birnbaum reiterated that conditions have not changed since 1987 and findings are appropriate. Jabbour said he would support the application as the applicant had been informed the lot was buildable and sewer was assessed. He agreed that the property should have been viewed differently when sewer was installed. Jabbour moved, Kelley seconded, to approve Resolution No. 3997 -A. Kelley asked for discussion regarding the fence. Jabbour asked the applicant if he would eliminate the fence. Birnbaum said the fence is on City property and was there when he purchased his property. He noted the fence runs along the access road to the beach and would be a safety concern with snowmobilers if the fence was eliminated. Jabbour said he would support the fence as it is located on City property. He informed Birnbaum that typically no fencing is allowed in the 0 -75' lakeshore setback. Vote: Ayes 3, Nays 2, Goetten, Flint. 0 ( #5) #2310 DICK BURY, CLASSIC CAR SALES, 3850 SHORELINE DRIVE - REQUEST FOR CLARIFICATIONXINDINGS OF SUBSTANTIALLY SIMILAR USE The applicant was present. Kelley asked for definition of a classic car. Mr. Bury said the list is distinct and does not change and includes cars built between 1925 and 1948. Van Zomeren distributed photographs. She reported that the applicant is requesting clarification of the intent and purpose of the B5 zoning district to find classic car sales as • substantially similar use to others in the zoning district, specifically, an antique store or • museum. The B -5 Zoning District is a limited neighborhood business district. Van Zomeren said in reviewing the list of permitted and conditional uses, Staff felt the use would be similar to that of an antique store. The Planning Commission, however, voted 6 -0 in denial of the application as they did not find it consistent and were concerned with outside display and storage. Van Zomeren asked Council to direct Staff to draft a resolution to approve or deny the request. Is 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 • ( #5 - #2319 Dick Bury, Classic Car Sales - Continued) Richard Bury gave a background history of his business. It was established in 1987 in Eden Prairie and moved in 1992 to St. Louis Park. Due to the growth of his business and limited spacing at his current location, Bury initiated a purchase agreement contingent on his license being transferred to the location noted according to State criteria. Bury indicated that his business requires a building similar to that size and configuration of a furniture store or grocery store. His current business hours are Monday through Friday, 8:30 a.m. -4:30 p.m. He anticipates requiring limited Saturday hours as well. He sends out cars for any repair work. He noted the business is also not a traffic generator as the majority of business is performed over the phone or by mail. The business traffic at this location would be of a local type. Bury said he does not see a difference in having 4 -6 cars parked outside for display purposes versus other buildings where employees and customers park their cars. Bury said he would be a good member of the community and plans on re- staining the outside of the building, improving the landscape and parking lot. Bury said he is proud of his business, his reputation, and the cars he sells. Jabbour questioned if there were other areas in the B -5 Zoning District that would be • opened up for used car sales if this was approved. It was noted that the use can be controlled through the resolution by limiting the findings as being shown to be similar to an antique dealer or museum through the description of a classic car. Barrett was asked for his opinion. Barrett said the City would have to show why this use is different. Jabbour responded that a car is a car. Goetten noted the wide range in antiques and felt the same applies with cars. She felt the use would fit in with antiques and museums if the Council can legitimately describe the use. Barrett said this would require amending the ordinance to create the category. Jabbour said whatever is done should be interpreted through the B -5 Zoning District. Jabbour said he supported the application. He noted the number of cars displayed outside could be limited. Barrett said the list of what is a classic car could be included. Jabbour confirmed with Barrett that this would be through an ordinance amendment as an additional use. Moorse said this would require review by the Planning Commission. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 ( #5 - #2310 Dick Bury, Classic Car Sales - Continued) Bury asked to respond. He said he cannot be limited to certain models and certain age cars that can be sold. Bury said he needs to be able to sell newer cars as well in order to pay for the business. Van Zomeren noted that whenever a car dealer gets a new license or changes locations, the dealer is required to send a letter to the City for signature. She has received such a letter for a business of wholesaling cars elsewhere in the Navarre area, requiring no cars being on display, and has found this to be consistent with office use. Van Zomeren said the point she wanted to make is that the State requires the City to sign off for licensing; if changes are made in the future, another dealer could not automatically move into the location. Flint said he supported this particular application but was concerned with ramifications from its approval elsewhere in the community. He felt the only way the approval could be successful is by amending the ordinance, narrowing the definition, and limiting the number of cars being displayed. Flint said he is concerned with a used car lot being located elsewhere in the City. Bury responded that he does not operate the same as used car lots. He noted that cars are not left outside; they are brought in overnight. Kelley asked how many of his current stock of cars are classic cars. Bury said he • currently has two classic cars; the remaining 13 cars are in storage. He noted the change in numbers is reflected by the winter months. His sales to local clientele are small and the majority take place over the phone. Kelley asked how many cars would he be able to handle inside and outside at the location if he had 4 cars outside. Bury said he could have up to 25 cars inside. Kelley asked how many of those 25 cars would be classic cars during the summer months. Bury said at least 50 %. Jabbour verified with Bury that trade -ins would be allowed and the trade -ins would be of a variety of models. Goetten noted that the only B -5 Zoning is in Navarre. Gaffron displayed the map showing locations of the B -5 Zoning. Jabbour said the use was reasonable but voiced concern with bright lights. Also as far as the issue of parking is concerned, the amount allowed should not to tied to the display cars. Steve Katainen, owner of Bay Furniture Store, said the mandated parking for the property was not totally used. He indicated more land is available for parking but designed for his business. He said he has had up to 17 cars in the lot. Katainen said an 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 • ( #5 - #2310 Dick Bury, Classic Car Sales - Continued) area that he had intended for shed storage could be used for cars. Katainen feels the business would fit the category of permitted uses. He noted persons interested in the other allowed uses could not afford the building. He feels the business would be a classy operation and generate little traffic. Jabbour responded that he felt the Planning Commission did not understand the parking situation for the property. Goetten asked what the parking requirements are for the property. Van Zomeren reported there are 9 striped spaces across the lot. The typical parking space is 9'x18' and more would be available. Bury thought there was space for 15 parking stalls to the side. There is room for 10 in front but he does not plan on any in that location. He would keep 2 or 3 cars in front during the day for display purposes and would want to maintain the grassed areas. In the winter time, all of the cars would be stored inside. Jabbour said he stands corrected on parking. He noted the applicant would be required to maintain the required amount of parking spaces. Peterson agreed but when looking at the property, she noted that it was set up to be . conducive to cars being parked to the side. Jabbour said it would still have to be considered a used car lot. Goetten suggested a percentage of classic cars be specified. She felt the business would be a good opportunity for the community. Bury suggested he be limited to no more than two times the amount of cars inside than outside. Jabbour suggested a total of 4 cars outside. Kelley saw the question needing answering is whether Orono wants a used car lot in the City. If so, where is the best place. He feels this would be the best location. He acknowledged Bury's good intentions but is concerned if the business is sold in the future. Goetten suggested'the possibility of placing conditions on the application that differentiate this business from other used car lots. Jabbour asked Barrett if the City could mandate the business be a certain percentage of • classic cars. Barrett said a description could be included and made a requirement. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 ( #5 - #2310 Dick Bury, Classic Car Sales - Continued) • Van Zomeren said the furniture store had originally requested the same findings be found regarding its use. She questioned if it had been sold as a used furniture store, if that would have been considered a different use. She questioned whether there would be a parallel that could be drawn. Barrett said he did not know but regarding this case, the applicant would not be selling 100% classic cars but 30 -50% of classic cars and the remainder non - classic. Flint said he was considering tabling the application to allow time for an adequate definition or the ordinance be amended precluding used car lots. He asked if the Council needs to amend the ordinance in order to achieve what is desired. Barrett said it is difficult to change the language. He recognized the time it takes to change an ordinance. Jabbour asked the Council to consider the question presented by Kelley regarding whether the City wants to have a used car lot. Flint said he does not agree with Kelly as he feels the classic car sales use is different from that of a used car lot. Flint said the way the question was phrased, he would not support it; but Flint said classic cars are a different aura, and if it can be defined as to . what this type of classic dealer is and define outside use, he would support it. Jabbour questioned whether the B -5 could be amended to include classic cars with requiring a certain percentage of classic cars and limiting the cars displayed outside. This would, however, place the current application on hold. Goetten felt this was reasonable for findings of a similar use if the applicant could agree with limitations noted. She felt the applicant should have some indication of support if this process was to be undertaken. Kelley said he would support classic car sales but asked if the City would be auditing the applicant for complying to the percentage requirements. He said if the Council wanted to assist the applicant, a formula would have to be determined and checked annually for compliance. If found not in compliance, a variance would be required. Bury understood this but said he did not wish to be held to that criteria. He noted the problem ethanol gas brought forward. He noted the company's name refers to classic car sales but does not want to limit it to that use. He said he would be in favor of requiring 30% of the cars be located in the building. He would like to have a 6 car limit outside noting these cars would be brought back inside during the night time hours. Bury said he would only have security lights outside and maintain front lights inside the building • for viewing. Bury said he did not want the application to become too complicated. 14 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 • ( #5 - #2310 Dick Bury, Classic Car Sales - Continued) Goetten noted that the only time the City is aware of problems arising is from driving by and finding a violation. Planning Commissioner McMillan said the Planning Commission's concern was with outside parking and the appearance of a lot of cars being parked outside. She noted there is limited parking outside and there would be no increase in hardcover for additional parking space. Jabbour noted there were similar uses in the City of Wayzata. He asked Council if the activity was indoors and the outside display was limited to 4 -5 cars, whether they would support it. Katainen noted that the applicant also has antique gas pumps, a library of automobile books, which differentiate it from a used car lot and being similar to a museum. Jabbour indicated that all applications are different. He said the Council must review what the worst scenario might be and set parameters for a property owner. Jabbour said he supported the use through an amendment with no more than 4 -5 cars displayed outside. He does not feel this use fits in with the current list of permitted and • conditional uses and requires an ordinance amendment. Kelley noted there was no definition on what type of cars but used car sales should be in the B -5 zoning or asked if the Council wanted to classify it. Jabbour said he would prefer not to get involved with percentages but allowing the used and classic car sales but limiting the amount of outside cars in all B -5 Zoning. It is not his intention to allow 100% used but a portion of the display towards classic, vintage, and collector cars. A percentage could be designated. Bury noted that a typical used car lot has a small building with cars all sitting outside. He said he has a different use with a large amount of money put into the building and presenting a gallery/museum type of operation. Bury said the cost of this dictates the need to sell regular cars as well as classic. He suggested the percentage be tied into the outside display cars to cars inside. Jabbour said he would not be willing to do that. Bury said the size of the property will dictate the amount allowed. Van Zomeren said the use can be directed in the text of the amendment. She said the minimum and maximum lot sizes, the building size, parking area, landscaping • requirements, and lighting are all reviewed for performance standards and can be narrowed down. 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 ( #5 - #2310 Dick Bury, Classic Car Sales - Continued) Barrett said he would be satisfied with that for a new use. Jabbour asked Bury if 35 -40% of cars inside would be classic. Bury said yes. Kelley said he would rather zone it used cars. Goetten said the use would designate it and prefers the specificity. Flint said he saw the business as a classic and collectors car dealership. Peterson asked where used car lots are allowed in Orono noting it would be along Highway 12 in the industrial area. Barrett said open sales lots are a conditional use. McMillan asked that sales be specified and not repair. Kelley said it would be the burden of the City to audit the use and is not in favor of specifying classic cars but is in support of used cars. Kelley noted that marinas are licensed and audited. Peterson questioned how many come in for licensing. Jabbour says it gives the City leverage if complaints are received. • Kelley said he would support 4 -5 cars outside noting any cars sitting overnight would be newer cars. Classic cars would only be outside when the applicant is onsite. He believes the Council should not get so narrow in its description. Jabbour moved, Goetten seconded, to direct Staff to amend the B -5 Zoning District to allow the conditional use provision to permit classic, vintage, and collector car sales to be conducted 100% inside with a maximum of 5 display cars outside during the day time hours only and 35% of space to be designated and occupied with vintage, collectible cars. Kelley asked that promotions on the premises be addressed. Bury said he does allow car clubs to have an occasional meeting on the premises. McMillan indicated that the Council can control where the display is outside. Jabbour noted this will occur in the conditional use process. Vote: Ayes 4, Nays 1, Kelley. The amendment to the ordinance will be reviewed by Planning Commission at the January 20, 1998 meeting. • 16 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 • ( #5 - #2310 Dick Bury, Classic Car Sales - Continued) Bury indicated that his purchase agreement expired November 1 but was extended to November 10. He said he would have to ask Mr. Katainen for a further extension noting it would place a burden on him. Jabbour indicated that was a private matter that the City is unable to get involved in. Jabbour asked the applicant if he would like to table the request or have the application denied as presented. Gaffron indicated that the commercial site plan review can be conducted at the same time as the amendment. Bury requested the application be tabled. Jabbour moved, Flint seconded, to table Application #2310 to the January 26, 1998 Council Meeting. Vote: Ayes 5, Nays 0. ( #6) #2309 PAUL LARSON, 3865 SHORELINE DRIVE - VARIANCE - RESOLUTION NO. 3998 The applicant was present. Van Zomeren reported that the applicant is requesting lot area and lot width variances for an existing lot -of- record for new construction. The Planning Commission unanimously recommended approval subject to the applicant's revision of the plan to • meet the hardcover requirement. The applicant made those revisions. Mr. Larson had no additional comments. Flint asked about the neighboring substandard lot. He was informed that Larson does own the lot next door, which is his homestead. Goetten moved, Peterson seconded, to adopt Resolution No. 3998. Vote: Ayes 5, Nays 0. A short recess was held. (Mayor /Council Report follows #12.) CITY ADMINISTRATOR'S REPORT 0 17 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 ( #12) LEASE AGREEMENTS FOR THE TELECOMMUNICATION • ANTENNAS ON THE CITY'S WATER TOWER Moorse reported that the City is working with telecommunication providers about locating antennas on the water towers. There are two companies, Nextel and Sprint Spectrum, who are closest to reaching agreements with the City. The agreements and summarizations are included in the packet information. Moorse said there were a small number of items yet to be resolved. He asked Council for approval of the main points laid out and authorization to finalize the agreements. Moorse indicated these two providers have agreed to the parameters and finalizing the agreements. Barrett acknowledged that there is some leeway by which adjustments can be made for smaller items of issue. Jabbour asked why there was a difference in the amount of rates. Moorse said one provider was proposing 12 antennas and the other, nine. The larger number of antennas require more space. Flint asked how Moorse knows the rates are reasonable. Moorse said the rates are based on the higher end of the rates being charged in the metropolitan area. Flint asked if there was room for other providers' antennas on the water tower. Moorse said Sprint's antennas will be located on the stem below the bowl. Nextel's will be • located along the railing. The study shows there would be room for another set on the railing. Moorse noted he has been in discussions with a third provider. Another set of antennas could be located on the stem. Moorse said interference is related to both vertical and horizontal separation. Kelley asked how many vendors there were for these services. Moorse said there were probably four but the federal government is in the process of making licenses available for another 2 -3 providers. Kelley asked if the City is mandated under the Telecommunications Act to satisfy all providers. Moorse said we were. Kelley asked if the antennas could end up being located outside of the water tower. Moorse said the potential was there but with 3 -4 established, it makes it difficult for other providers to enter the service area. Kelley asked what criteria was used in negotiating what provider was chosen. Moorse said it was on a first come basis. Kelley asked about the third provider. Barrett said the third vendor, APT, had agreed to review a revised draft agreement, but has chosen to discontinue discussions at this time. Kelley asked if the terms of the agreements are identical or different. Barrett said the attempt was to keep the agreements as similar as possible. The right -of -entry, tenant . responsibility, warranty, and insurance rates are identical. There are exhibits attached to 18 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 • ( #12 - Telecommunication Antennas Lease Agreements - Continued) the agreements. Barrett said the City does not want to have to work through each agreement as they come up. Jabbour indicated that if the water tower fills up with antennas another tower could be erected next to it. This was done in the City of Tonka Bay. A representative of one provider said the circumstances and values differ in each City. He said the company did erect the antenna with a reduction in their rent to allow that city to rent to others. Jabbour noted that the next provider may be required to request a tower be erected. He noted that the rents collected by Tonka Bay amount to 10% of their yearly budget. Flint moved, Peterson seconded, to authorize Staff with the aid of City Attorney Barrett to approve the lease agreements with Nextel and Spring Spectrum for telecommunications antennas on the City's Highway 12 water tower within parameters set by Staff and Barrett. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT • There was no report. ENGINEER REPORT ( #7) ORDER FEASIBILITY STUDY FOR SHORELINE DRIVE (WEST OF HERITAGE) SEWER PROJECT - RESOLUTION NO. 3999 Moorse reported that when the ten hot spots for sewering were identified, the area along Shoreline Drive west of Heritage Drive, and the Heritage Drive/Heritage Lane areas were included. Neighborhood meetings were held to determine interest. It was found that the residents of Heritage Drive were not interested in sewer at that time. The Shoreline Drive residents are ready to move forward as they have one failing system and one system near failure. Moorse said the Shoreline Drive area can be served independently from Heritage Drive. The Heritage Drive homeowners association was recently recontacted to determine interest in sewer. There are now seven property owners in favor of sewer and seven opposed. Moorse indicated that four properties have conforming systems and one has a failing system. Jabbour asked if the other three residents are aware of the pros and cons to sewering at this time. Moorse said they were informed of this at the neighborhood meetings that were held 2 -3 years ago. 0 19 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 ( #7 - Shoreline Drive Sewer Project Feasibility Study - Continued) • Moorse asked Gaffron if these properties have alternate sites. Gaffron said he did not know at this time but felt with the wetlands located there, a couple of the properties will have a problem with locating an alternate site. It was unknown whether the seven who did not want sewer were clustered or scattered. Moorse indicated that there is a need for a lift station which increases the cost. Cook said all but two properties would require the use of the lift station. He indicated that those on Shoreline Drive would have a lower cost than those on Heritage. Flint asked who that would include. Cook said those that signed the petition. Moorse said he is asking the homeowners association for the information regarding who wants sewer but has not yet received the information. Moorse said the City does not want to wait too long with two failing systems, noting one system is currently being pumped. A determination must be made as soon as possible. Jabbour said, subject to the feasibility study, a letter should be sent for disclosure of who is in favor of sewering and notify the others that they may have to wait a long time until the area is revisited for sewering. Council agreed. Jabbour moved, Goetten seconded, to adopt Resolution No. 3999 authorizing the City • Engineer to proceed with the feasibility study on the portion of the project area desiring sewering and stand by on the remaining area. Kelley indicated that 2 -3 properties on Heritage Lane could be picked up before getting to the lift station. Cook agreed that four properties could be picked up. Vote: Ayes 5, Nays 0. ( * #8) REQUEST FOR PAYMENT NO.2 AND FINAL - NAVARRE WELL NO.2 REPAIR PROJECT Goetten moved, Peterson seconded, to approve Request for Payment No. 2, Navarre Well Number 2 Repair Project to E. H. Renner & Sons in the amount of $17,707.22. Vote: Ayes 5, Nays 0. ( * 99) REQUEST FOR PAYMENT NO.4 - BAY RIDGE AND BRACKETTS POINT SANITARY SEWER Goetten moved, Peterson seconded, to approve Request for Payment No. 4, Bracketts Point/Bay Ridge Sanitary Sewer Project to Barbarossa & Sons in the amount of $24,270.12. Vote: Ayes 5, Nays 0. 20 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 ( * #10) REQUEST FOR PAYMENT NO. - NORTH LONG LAKE/LONG LAKE • COUNTRY CLUB SANITARY SEWER IMPROVEMENT Goetten moved, Peterson seconded, to approve Request for Payment No. 5, North Long Lake Sanitary Sewer Project to Barbarossa & Sons in the amount of $60,431.50. Vote: Ayes 5, Nays 0. ( #11) NO PARKING - LONG LAKE BOULEVARD - RESOLUTION NO. 4000 Goetten asked if the residents have been informed on the no parking resolution. Moorse said the request comes from the residents. He noted there is a person who currently parks in the turnaround where the no parking would be posted that presents a problem for the others. The small area of the turnaround was noted and location of the road was clarified. Flint moved, Peterson seconded, to approve Resolution No. 4000 authorizing no parking in the vehicle turnaround area at the end of Long Lake Boulevard. Kelley asked who the neighbor was who petitioned for the no parking and how many signed the petition. Moorse said he did not have this information. Kelley questioned whether the City was reacting to one complaint. Tom Kellogg said there were 3 -4 • residents who complained of the problem. Moorse did not know if any letters were received regarding the problem. Gappa had handled the matter and was not in attendance at the meeting. Kellogg thought the complaints had been verbally expressed. • Kelley asked if the neighbor who has parked in this turnaround area has been contacted. Moorse noted that the remainder of the roadway can be parked on and the no parking was for the turnaround area only. Vote: Ayes 4, Nays 1, Kelley. ( #13) 1998 NON -UNION COMPENSATION ADJUSTMENTS - RESOLUTION NO. 4002 Moorse reported that the proposed 1998 adjustments include the 3% increase in pay ranges for the non -union employees and the increase in the City's contribution to health insurance by $15.00 a month for a maximum of $328.50. He noted that in the last couple years the insurance companies have held their rates down but this year have proposed a large increase. Moorse said the City tries to keep up with the increases. Peterson was informed that the City participates with the "Logis" group of Hennepin County Suburban Cities in a joint purchasing arrangement for health insurance. 21 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 ( #13 - 1998 Non -Union Compensation Adjustments - Continued) Is Goetten voiced concern that the non -union pay and benefits adjustments seem to be driven by the union contract settlements. Peterson asked if the City accepted the health insurance renewal amounts or investigates other options. Moorse said the City has not gone out independently for insurance bids. Jabbour said the City could still investigate costs elsewhere. Moorse was doubtful of the City obtaining a better rate on its own. Jabbour said that would not necessarily be the case as average age may reflect in higher fees. Moorse said the issue can be reviewed. Kelley voiced the problem with getting outside bids with artificial first year bids and change in coverage resulting in employees having to change their doctors. Flint asked for clarification on how much the City pays. Moorse reported that the Council had authorized the City to move in the direction of providing the same amount of benefit dollars to all employees, regardless of whether they have single coverage or family coverage. For 1998, fifty percent of the difference between the single coverage premium and the City's maximum contribution of $328, can be used in the cafeteria benefit plan. Flint noted that family members will tend to choose the policy that favors their family. • Companies are moving toward providing single coverage and making up differences for family coverage through increased salaries. Moorse noted the City has been taking the direction suggested by Flint that the difference between single and family coverage should disappear as far as the City's costs are concerned. Flint moved, Goetten seconded, to adopt Resolution No. 4002 approving the 1998 non- union pay plan adjustments as follows: A 3.0% pay increase, a maximum insurance contribution of $328.50 /month, and a mileage reimbursement rate of $.32 /mile. Kelley asked if the 3% wage increase was driven by the police contract. Moorse indicated the 3% increase is somewhat higher than the CPI increase of 2.7 %. Moorse reported the police contract is up the end of 1998. Kelley was informed that negotiations begin in August or September of 1998. Kelley asked Staff to inform the Council of wage increases anticipated and how they arrive at the wage increases as it directly affects the other employees in the City. Jabbour noted the problem with looking at what other cities pay, resulting in a chain reaction of wage increases. Vote: Ayes 5, Nays 0. 22 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 • ( #14) QUOTATIONS FOR PUBLIC WORKS CANOPY Moorse indicated that while this agenda item was on the Consent Agenda, it was found that the quotes were higher than estimated. Jabbour moved, Goetten seconded, to reconsider Agenda Item #14. Vote: Ayes 5, Nays 0. Jabbour moved, Peterson seconded, to table Agenda Item #14, Quotations for Public Works Canopy. Vote: Ayes 5, Nays 0. ( #15) LETTER OF INTENT TO PURCHASE SQUAD CARS IN 1998 Peterson suggested the City consider purchasing a 4 -wheel drive vehicle. Moorse indicated Staff is looking at military surplus for such a vehicle but deferring that purchase until next year. Peterson said the City should consider one of the two cars now under consideration be a 4 -wheel drive. She noted the use of snow plows to clear a way for a squad is illogical during snowstorms. • Moorse said the City needs to determine how they would use the 4 -wheel drive vehicle. He does not feel it should take the place of regular squad cars for general use. Moorse thought the CSO vehicle would be a consideration with availability during bad weather situations. He noted the police are comfortable with driving rear -wheel drive vehicles especially during high speed chases. Moorse said front wheel drive cars handle differently. Jabbour agreed that a separate car should be designated for that use and the City should consider purchasing a third vehicle. Moorse said the two vehicles being replaced have high mileage. Peterson said she has a problem with the timeline. She said the safety of the residents should be considered now. Goetten moved, Kelley seconded, to approve the letter of intent to purchase two squad cars be sent to Superior Ford as indicated. Staff is asked to prepare a plan regarding a 4- wheel drive vehicle. Flint noted the difficulty with front wheel vehicles getting up steep driveways. • Kelley was informed that the City currently has 8 squad cars. 23 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 ( #15 Purchase of Squad Cars - Continued) is Vote: Ayes 4, Nays 1, Peterson. ( #16) LONG LAKE FIRE SERVICE CONTRACT FOR THE YEARS 1998 -2000 Moorse reported that the 3 -year agreement with Long Lake Fire Department for fire service is basically an extension of a 3 -year agreement for another year to become a 3- year contract. The contract stipulates a budget increase of 4 %. The fire department's budget increase is 3.96 %. The City's actual cost is based on a cost allocation formula. Moorse indicated the actual increase will be 5.3 %. The fire department is also proposing a special equipment purchase for a larger fire hose for fires where no hydrants are available. Moorse said Staff is suggesting more discussion be held on this matter to determine needs and whether it is a good purchase. At this time, Moorse asked Council for agreement with the contract. Kelley questioned why market value of homes was used as a factor in the cost allocation formula. He questioned why a large house or small house with four children in it should be of different value. Moorse indicated market value is a measure of property to be protected. Moorse noted that the number of fire hours is also used. Kelley questioned the wisdom in using market value in the fire district and if market value is a true reflection of how it should be evaluated. • Kelley noted the result is an increase in Orono's share of the budget without alot of control by the City. He noted a discrepancy between the cities and their contracts. He suggested that fire hours be the only criteria. Moorse indicated that the fire department protects properties and the valuation gives an idea of the property being protected. Kelley said an argument could be made for newer homes being more fire resistant with the newer and better products available. Moorse noted that market value is made up of both land and building. In Orono, a substantial portion of market value is related to the land versus the building. Jabbour reported that the Council needs to discuss the long term relationship with Long Lake. He noted that the police contract has a similar criteria with population and market value. He feels tax capacity should also be used as a criteria noting the differing percentages between commercial and residential properties. Orono is not benefiting as there is a low amount of commercial property in the City. Jabbour said there is more activity in commercial buildings with the number of people occupying it versus the number of people in a home. Jabbour suggested these contracts be negotiated at a time different from contract renewal. • 24 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 • ( #16 - Long Lake Fire Service Contract - Continued) Goetten asked if the number of calls increased in Orono due to population increase or false alarms. If it is false alarms, Goetten stated the City needs to do a better job of correcting the situation. Moorse said he will be reviewing that matter under the new fee schedule noting that a significant amount of fire and police calls are false alarms. These calls had originally been monitored and answered by the security companies but has changed to response by police departments. Goetten noted a typographical error in the agreement; firemen was corrected to fire fighter. Kelley asked Moorse how many calls were from Orono for the 2500 fire hours. Moorse said he can obtain that information. Kelley asked for information on how many are false alarms as well. Moorse said that information is provided, and he receives information monthly, quarterly, and yearly. Vote: Ayes 5, Nays 0. ( #17) POLICE SERVICE CONTRACT WITH LONG LAKE FOR THE YEARS 1998 -2000 • Jabbour asked if the City has responded to Long Lake's police contract questions. Moorse said this was done last month and additional information was requested. He is meeting with the Long Lake Police Commission in December with that information and cost allocation alternatives. Moorse indicated that the contract is a 3 -year agreement for police service to Long Lake. The approval would extend the contract to the end of the year 2000. Long Lake has given their approval already. Jabbour moved, Flint seconded, to approve the police services contract with the City of Long Lake for the years 1998 -2000 and to authorize the Mayor to sign the contract document. It was noted that the City of Long Lake is required to be listed on police vehicles while the City of Orono is not listed on the fire department vehicles. Vote: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT ( #18) EXECUTIVE SESSION: TROY ANDERSON EASEMENT SETTLEMENT • Attorney Barrett requested adjournment to an Executive Session. 25 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10, 1997 ( * #19) LICENSES - RESOLUTION NO. 4001 • Goetten moved, Peterson seconded, to approve the Residential Kennel License for Dixie Cable, 1290 Loma Linda Avenue. Vote: Ayes 5, Nays 0. Goetten moved, Peterson seconded, to adopt Resolution No. 4001 for the Gambling Permit for the Lions Mound Northwest Tonka Club at Navarre Lanes, 3435 Shoreline Drive. Vote: Ayes 5, Nays 0. ( * #20) BILLS Goetten moved, Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT The meeting was adjourned to an Executive Session at 10:25 p.m. --N- Gabn 1 Jabbour, Mayo • ATTEST: 40 26