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HomeMy WebLinkAbout09-26-1978 Council Minutes . CITY OF OROP10 Regular P4eeting of the Orono Council, 7: 00 P.M. September 26, 1978 The Orono Council Met on the above date with the �ollowing mer.lbers present: PZayor Van Nest, Councilnembers Butler and Pesek. Absent: Council- members PZassengale and Paurus. Also present: City Planner Olson, Cit�� Engineer Olson, Finance Director huehn, Chief of Police Kilbo, and Deputy Clerk Strom. Absent: City Administrator Benson. � Butler moved, Pesek seconded, to approve the Consent CONSEPIT AGENDA* Agenda* with all staff data and supportive inforr:ia- tion to be included in the ?�Iinutes in the sequence they occur. Piotion, Ayes (3) - Nays (0) . I10 comments from the Park Commission PARK COi•u2ISSION No comr:�ents fror.t the Lake P4innetonka Conservation LMCD REPORT District representative. No corunents from the Planning Comnission. PLANNIi1G COr4MISSION l�r. Alan Olson, City Planner, entered into the SUBDI��ISION record the following subdivision request of 255 Sixth Avenue North P�Zrs. Roy Hollander, 255 Sixth Avenue tdorth, #412 dated July 18, 1978, which states : Mrs. Roy Hollander Sketch plan review: The applicant has two existing parcels totallinQ approximately 37 acres. Zoning District is RR-1B, two-acre lot area, 200 ft. lot width. The eastern parcel contains a barn and two houses. The western parcel contains Mrs. Hollander's house. The proposal is to divide the properties into 15 residential lots. There is a considerable amount of wetlands on the property as shown on the sketch and our wetlands map. One of the proposed lots is noted as 1. 6 acres dry and 1. 1 acres wet. All other lots are at least two acres dry. A soil survey and individual septic testing will be necessary for proper review of the lot arrangernent. The roadway is shown as a loop connection of 50 ft. right-of-way width. 6�ith this nur.lber of lots, previous approvals have required 60 ft. right of way. The access location is subject to County approval. The west access also serves existing houses and is a separate RLS tract. Ownership and other easement riahts should be reviewed. (Continued) REGULAR PZEETIPIG OF TIiE ORONO COUNCIL, SEPTEMBER 26, 1978 Page 2 Note that the existing eastern lot includes two SUBDIVISION existing houses. The plan as shown places two 255 Sixth Avenue North houses on Lot 5 (the new Hollander house and (Continued) an old rental house) . This situation should be addressed at sketch plan. Alternatives include a conditional use perr.►it for guest house (if lot is enlarged) , a conditional use permit for a non-conforr.ming use, relocation of lot lines to provide a separate parcel or removal of the house prior to final approval. - Planning Cor.mmission i4eeting - July 24 , 1978 Mrs. I3ollander and P-ir. Dick Knutson, engineer, were present. r4r. Knutson had revised his naps to show Lot 3 of north block to have two dry ac�es, up from 1. 6 dry acres shown on our July 18, 1978 version. The current proposal is to do the division in two phases : Phase I : The west parcel to be divided into eight lots plus a rer►aining outlot. Phase II: The east parcel plus the Phase I outlot to be divided into the remaining seven lots to complete the total division as presented in this sketch plan. Discussion included desire for private road of 50 ft. right-of-way width, no direct lot access to County Road Six, a temporary cul de sac, and an easerient to the City for the continuation of the proposed road through the ease (Phase II) parcel. Mrs. Hollander proposed that the existing rental house be eventually included on her lot as a guest house. Memo Update - August 23, 1978 As of today, all r.iaterials have been received for prelirninary plat review. Comments have been requested from the City engineer, the on-site inspector, Hennepin County Department of Trans- portation and the Hennepin Soil and Water Conservation District. A public inforr,tation r.leeting has been scheduled for Septeinber 11, 1978. Planning Commission� P4eeting - August 28 , 1978 . Work session: P•Zrs. Hollander present. She is propo� iiic,� to do the final plat in two phases. She expects to develop it with a private road and a temporary cul de sac. Planning Commission noted that they would require platting the road as an outlot through the entire plat at the first stage. (Continued) REGULAR MEETIIIG OF THE ORONO COUiJCIL, SEPTEP'IBER 26, 1978 Page 3 Planning Corunission Meeting - September 11, 1978 SUBDIVISION 255 Sixth Avenue North Public information meeting: P-irs. Hollander, (Continued) her engineer, Jerry Fiauer, and Mr. & r4rs. John Guthrie were present. The discussion included lot sizes, access, the new road.way and phasing of the development. The Planning Corunission was advised of Hennepin County Highway Departrient' s requirements including a relocation of the proposed curb cut onto Highway Six. Consequently, rsr. Hauer � presented a revised plat which conforms to the County requirements. . Planning Commission recommended prelir�inary plat approval subject to the following conditions: l. Preliminary approval of eight lots in first phase: Lots 1-4, Block 1 and Lots 1-4 , Block 2 . Proposed road to be platted through from east to west. Remaining land area to be platted as two outlots; one containing the existing build- ings (includes three dwellings) , the other outlot containing the remaining land south and east of the proposed road, said outlots to have a r:loratoriuri on all construction until they are properly divided. ' 2. Proposed new road to be a private road, gravel surface, 24 ft, wide, according to the require- ments of the City engineer, including upgzading of the existing west driveway as used by this division. Road either to be constructed through entire plat or provided with a temporary cul de sac at the end of the first phase lots. Subject to standard underlying road and utilities easement and roadway r.laintenance covenants. 3. New road curb cut location to be as permitted by Hennepin County. No direct access to County Road Six from any Block 1 lots platted at this time. Minimum County road right of way 50 ft. fror.m centerline. 4. Septic systeri approval is for Lots 1-4 , Block 1 and Lots 1-4, Block 2 (first phase) only with Lot l, Block 2 requiring a mound system due to high water table. Additional testing required before platting of second phase lots. 5. Flowage and conservation easement over all wet- lands. All wetlands to be nlatted as outlots of "drainage easeraents" on the plat. (Continued) R�GULAR MEETING OF THE ORONO COUNCIL, SEPTEP�iBER 26, 1978 Page 4 , 6. Garage on Lot 7, Block 1 and all other build- SUBDIVISION ings to Meet all setback requirements or they 255 Sixth Avenue North Must be moved or removed. (Continued) 7. Park dedication fee due on all platted lots. Council Meeting - September 26, 1978 Mrs. Hollander and Mr. Hauer were present. Mayor Van Nest moved, Pesek seconded, to approve the Preliminary subdivision request of P�rs . Roy Hollander, 255 Sixth Avenue North, per the Planning Comr.iission recommendations of September 11, 1978, conditioned on the proposed private road being platted all the way through the division at this time, being blacktopped according to the City Engineer' s approval, either with a cul de sac or built all the way through without a cul de sac; an additional 10 ft. of right of way along County Road Six being dedicated but not to affect any lot configuration as shown on the preliminary plat; park dedication fee being paid for the lots in Phase I, with the remaining lots of Phase II being paid at a later date; access to Lot 8 shall be by easernent across either Lot 7 or Lot 9, to private road, not directly onto County Road Six. Motion, Ayes (3) - Nays (0) . Butler moved, Mayor Van Nest seconded, to adopt RESOLUTION #942 Resolution #942, A Resolution Approving A Condit- Lowell Zitzloff ional Use Permit For Lowell Zitzloff. Motion, Ayes (3) - Nays (0) . Mr. Alan Olson, City Planner, entered into the VARIANCE record the following request of Michael Farrell, 2815 Casco Point Road 2815 Casco Point Road, dated September 5 , 1978, #419 which states: Michael Farrell P•Zr. Farrell is proposing to add a wood deck on top of the lower terrace of three existing on his shoreline embankment. The upper two levels will be planted. The existing stairway will be used. The lower concrete wall is to be faced with wood. Proposed deck area is 165 sq. ft. The terraces were installed following a major washout of the hillside after the heavy rain this July. The Council approved an emergency conditional use permit for this work on July 11, 1978. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, SEPTEr2BER 26, 1978 Page 5 Variance required: 34. 201 setback and 34. 202 VARIANCE hardcover 2815 Casco Point Road (Continued) Lakeshore setback required: 75 ft. proposed: 15 ft. variance: 60 ft. = 80$ Hardship: existing terrace location and steep- ness of the embankment. Planning Commission Meeting - September 11, 1978 Discussed events behind construction of retaining walls and intention of placing deck on lower level. Jim Olson, City Engineer, stated that if a spaced � wood deck were constructed over a gravel subbase, that runoff water filtration would be adequate if not better than the existing runoff. Iter.l tabled to allow site irispection by mer.lbers and to allow staff to notify neighbors. To be acted on by Planning Comnission on September 25, 1978 and be on the Council agenda on September 26, 1978. Planning Commission Meeting - September 25, 1978 The Planning Commission recommends the variance application, due to hardship of terrain, be ' approved for the construction of a deck 15 ' X 11' . The applicant's plan was accepted but with the following additions: a gravel base of at least 12" , open spaced wood deck and an undetermined nuMber of plantings be added to the deck level for visual screening, to contain the soil and provide nutrient filtration. A minority opinion was voiced concerning the setting of a precedent within the 75' lakeshore setback. Council Meeting - September 26, 1978 Pesek moved, Butler seconded, to approve the variance request of P�ichael Farrell, 2815 Casco Point Road, per the Planning Comr.tission recor_�►- mendations of September 25, 1978. r4otion, Ayes (3) - Nays (0) . P�ir. Alan Olson, City Planner, entered into the VARIAPdCE record the following request for a variance of 1940 Shadywood Road Theodore Anderson, 1940 Shadywood Road, dated #420 September l, 1978, which states: Theodore Anderson (Continued) REGULAR MEETING OF THE ORONO COUNCIL, SEPTEriBER 26, 1978 Page 6 l�r. Anderson proposed to remodel and add onto VARIAI�TCE his existing house at this address. He proposed 1940 Shadywood Road to remove the existing breezeway and single car (Continued) garage and replace same with a new two-car garage, dining area and expanded kitchen. He will also remodel the main floor expanding the livingroom into an existing bedroom area and replacing the bedroom with an expansion area above the new garage. The entire existing house and all of the proposed � addition are within the 75 ft. lakeshore setback. The new addition would occur more than 75 ft, from the Crystal Bay shoreline but within 42 ft. to 48 ft. of the channel. The existing side setback of 6 . 3 ft. would be Maintained. Variances required: Section 34. 20. - lakeshore setback Required: 75 ft. Proposed house: 42 ft. Variance: 33 ft. = 44$ Proposed deck: 30 ft. variance: 45 ft. = 60$ Section 34. 202 - lakeshore hardcover Within 75 ft. : None permitted Existing: 1160 sq. ft. = 11. 3$ Increase: 494 sq. ft. Proposed total: 1654 sq. ft. = 16. 2$ Hardship: stated as shoreline (channel) being unique to this property with existing house location being as remote from shore as possible. Planning Commission r4eeting - Septerlber 11, 1978 Tabled for applicant to provide revised plan showing actual deck proposal and for staff to notify neighbors. To be acted on by Planning Commission on September 25, 1978 and be on the Council agenda September 26, 1978. Planning Commission Meeting - September 25, 1978 Planning Commission recommended approval of the variance due to given hardships of the lot and current setback for remodeling of the house but not to include construction of the deck. Minority opinion was that the lot cannot support a house of that size, also, the hardcover ratio to the size of the lot is out of balance. (Continued) REGULAR P�IEETING OF THE ORONO COUNCIL, SEPTEi4BER 26 , 1978 Page 7 Section 34. 202 - Lakeshore Hardcover VARIANCE 1940 Shadywood Road Within 75' - none permitted. (Continued) Existing - 1925 sq. ft. = 18. 8� (Existing house & paved driveway) Increase - 374 sq. ft. � Proposed total - 2299 sq, ft. = 22 . 5� Council Meeting - September 26 , 1978 Butler moved, Pesek seconded, to approve the variance request of Theodore Anderson, 1940 Shadywood Road, per the Planning Commission recom�endations of September 25 , 1978, r4otion, Ayes (3) - Nays (0) . P�r. Alan Olson, City Planner, entered into the BUILDING PE?��IT record the following letter to *4r. James McCleary, Stubbs Bay Marina Stubbs Bay Marina, dated September 14, 1978, which 3445 Bayside Road states: "On August 28, 1978 , the Orono City Council discussed the status of the marina property and particularly your request of August 9 , 1978, to renew the expired building perr.iit #3696. The Council decided that the permit could not be renewed because of all the new information and the many changes since last year. They requested a resolution be drafted setting forth their findings. The attached draft was reviewed at the September 13, 1978 meeting. iJo action was taken because you were not represented. I have attached a copy of this resolution for your review. The City Council does intend to act on the matter at their next regular neeting scheduled for Tuesday, September 26, 1978. You should also be aware of the current review of the Stubbs Bay area occurring as part of the statutory reevaluation of the City' s Comprehensive Land Use Plan. This review will include detailed studies and recor►mendations regarding the zoning classifications and services to be provided in the area. Specifically, this may include a rmoratorium on developr.ment and/or rezoning of certain parcels including the r,�arina property. The City has had inquiries from several parties regarding the condition and status of your property. � I would advise you that the above noted contingencies be relayed to any real estate agent or other party should they contact you regarding this property. " End of letter (Continued) REGULAR MEETING OF THE ORONO COUPdCIL, SEPTEPZBER 26 , 1978 Page 8 Council Meeting - SePtember 26, 1978 BUILDING PERMIT Stubbs Bay P4arina ?�ir. Louis B. Oberhauser was present representing (Continued) 14r. James McClear��. He stated that P4r. P�cCleary is planning to sell the property; that he has a letter of intent to purchase the property from P�ir. George Johnson; and, therefore, would like all action to be tabled for one month to allow negotiations for the sale. 2�2rs. Flossie Keiran, fee owner o� the Property, was also present. Discussion followed concerning the future status of the r.iarina. Butler moved, r4ayor Van Nest seconded, to table for one month the building permit for the Stubbs Bay Marina, 3445 Ilayside Road. Motion, Ayes (0) - Nays (3) . Discussion was held concerning the resolution to deny the building permit. Staff does not have technical information necessary to reissue that permit. Councilmember Pesek: The resolution does not prohibit sale or restrict in any way. All it does is to deny reissuing the present building permit until we know what the total concept will be. We should adopt the resolution to get it into the record that a new application is necessary to erect the building and to deny the present permit. Pesek moved, Mayor Van Nest seconded, to adoPt RESOLUTION #943 Resolution #943, A Resolution Declining To Renew Stubbs Bay 2�arina . Building Permit No. 3696. P�otion, Ayes (3) - Deny Building Permit Nays (0) . Mr. George Johnson was present and stated that STUBBS BAY MARINA SALE he has intentions of purchasing the Stubbs Bay George Johnson Marina. He presented to the Council a sketch for plans for the marina and requested Council' s reaction and guidance for his project. He stated that he is aware of the problems at the marina at present but plans to upgrade the riarina and have a clean operation. The present docks are very rundown but were operated during the summer by Cr�sstown P�arinP. He is requesting 66 moorings. (Continued) REGULAR M�ETING OF THE ORONO COUNCIL, SEPTEPZBER 26 , 1978 Page 9 Mr. Johnson stated that Mr, r�4cCleary sold a house STUBBS BAY MARINA SALE on Lot 22 on the north side of County Road #84 but (Continued) retained the lakeshore on the otherside of the road. The present docks are 200 ' from shore. P�ayor Van Nest: LMCD now has a new ordinance which changed the distance from shore to 100 ' . Mr. . Johnson: The LPACD must be consistent with other marinas on the lake concerning the 100 ' docks. - Mayor Van Nest: i'Iarinas were basically intended to serve the public by renting boats and services for the benefit of the general public not just a certain few for mooring boats. Mayor Van Nest also stated that the Council, because of the unuse of this property, has directed staff to make an investigation as to the adequacies of the zoning of this parcel to find out if it is consistent with our Comprehensive Land Use Plan. The study should be completed in 60-90 days but that there is the possibility of rezoning the area. Mayor Van Nest informed P4r. Johnson that his new marina project, if no new zoning is adopted, must meet all requirements and regulations of the code including the 100 ' dockage and that Council cannot guarantee anything at this time. Mr. Alan Olson, City Planner, informed the City PLANNING COMMISSION Council that the next Planning Commission meeting DATE & TIME will be held Tuesday, October 10, 1978 at 6 : 00 P.PZ. with the Council meeting starting at 7: 30 P.M. P�tayor Van Nest moved, Pesek seconded, that the COUNCIL MEETING TIME next regular Council meeting will begin at 7: 30 October 10, 1978 P.M. on October 10 , 1978. P�Rotion, Ayes (3) - Nays (0) . Mr. Marlin Wollwage, Project Director, for the WEST TONKA COUN�ELING Westonka Counseling for Older Adults was present FOR OLDER ADULTS requesting funds for the project. Mrs. Thelma Kes read a letter she and her mother wrote regarding the service. Mr. Wollwage stated that approximately 30g of the 150 senior� citizens in the Westonka area are from Orono. He is requesting $1, 200 for the balance � oi this year. and $2 , 400 for 1979. Discussion was held. Mayor Van Nest stated that the full Council should be present �efore taking action. R�GULAR MEETING OF THE ORONO COUPICIL, SEPTEPiBER 26 , 1978 Page 10 Mr. Alan Olson stated that Mr. Jim Olson, City RING ROUTE Engineer, has acquired the easement descriptions Erom McCombs-Knutson Engineering firm and has � turned them over to the City Attorney' s office for him to proceed with acquisition of property involved with the ring route. Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #944 Resolution #944, A Resolution Of Public Notice Tax Forfeit Property Regarding Development Limitations On Certain Chain of Title Parcels Of Land. Motion, Ayes (3) - Nays (0) . Mayor Van Nest announced that the next joint JOINT MEETING meeting for the Council and Planning Commission October 14, 1978 will be held Saturday, October 14, 1978 at 8 : 00 A.P4. at the Lafayette Club. D4r. Alan Olson, City Planner, informed the City RECODIFICATION PROPOSAL• Council that after detailed reviews with several firms, it is our recommendation that i+4unicipal Ordinance Codifiers, Inc, be retained for purposes of recodifying the City ordinances. Mr. Jensen has spent r,iuch time reviewing our situation and appears to have a most reasonable offer. His work would be coordinated by Alan Olson with several meetings arranged with the City Attorney and the other departrients heads. Included will be a total review by the staff, Planning Commission, and Planning Consultant regarding zoning code revisions. The entire task should be done in about one year' s time. Mayor Van Nest moved, Pesek seconded, to approve MUNICIPAL ORDINANCE the Codification Proposal from Municipal Ordinance CODIFIERS, INC. Codifiers, Inc. , subject to final review by the Proposal City Attorney. Motion, Ayes (3) - Nays (0) . A letter from the Lake Minnetonka Conservation LAKE FS�DTPIETONKA District concerning League of Lake Minnetonka *�L':IICIPALITIES �'UNDS funds to help the LMCD provide water patrol equipment was received dated Septei*tber 8, 1978 , which states: "It has been suggested by League mertbers that the balance of the funds still on hand 'in the League of Lake Minnetonka P4unicipalities treasury should be put to good use for worthy Lake-related projects � by the LMCD. (Continued) � REGULAR P4EETING OF THE ORONO COUNCIL, SEPTE24BER 26, 1978 Page 11 For many years the LMCD and the Water Patrol have LAKF MINrdETONKA �een looking for suitable speed control devices MUNICIPALITIES FUNDS for use on the Lake similar to those which have (Continued) been effective on the highways. Last week the Sheriff' s office tested radar equipment suitable for patrolling the waters of Lake Minnetonka. The use of this equipment, coupled with decibel � measuring devices now available thru the Sheriff' s office, should help to reduce careless operating complaints and encourage safe boating on the Lake. Because of the continuing Water Patrol funding crunch, the Sheriff' s budget does not provide for the purchase of such devices in 1978 or 1979 . It has been suggested that it would be appropriate to contribute the balance of the League of Lake Pdinnetonka Municipalities' funds to the LMCD "Save the Lake Fund" for the purpose of providing the Water Patrol with this radar equipment. Should you concur that this would be a suitable use, please adopt the enclosed resolution authorizing the transfer of the funds to the LP1CD for this purpose. " Thormas S. Pdaple, Jr. , Chairman LMCD Council '•Seeting - Sente�,lber ?.6 , 1978 Butler moved, Pesek seconded, to adopt Resolution �a�sferOLake4Minnetonk #945, A Resolution Providing For The lransfer Of Munici alities Funds League Of Lake Minnetonka Municipalities' Fund P 4 Balance For Lake Minnetonka Use. Motion, Ayes (3) - Nays (0) . NOEREtdBERG PARK LETTER�' Butler moved, Pesek seconded, to accept the letter John Bola�d from John Boland, P�tetropolitan Council Chairman, concerning the Noerenberg Mernorial Park, dated September 11, 1978. t�otion, Ayes (3) - Nays (0) . Letter - Pages 12 & 13 � �'- 'r� ..- j -_ ---� P a g e�12 ' 1 �-. �. - - � '� ,�.': ._ , ` _ �� ;. Metro IitanCouncit a�itar: � , ,� : 300 Metro Square Building o� �p ��� _ _ Seventh S'reet and Roberf S'r�et {�► � , �+� ��:: 1 ;� :� �_ Saint Poul, Minnesoi� 55101 E� �;;r �� w� Telephone (612) 291-6453 �'I+� � �f �j�� C,, �;,�., `, Office of the Chairman ,'t �fN GIT,�S' -. �" . September 11 , 1978 r;ayor William B. VanNest City of Orono Box 66 Crystal Bay, MN 55323 Dear �^'Sayor VanNest : . Thank you for your letter of September 5 , 1978 , regarding the development of Noerenberg Gardens . Let me first correct what appears to be a misunderstanding: The T�etropolitan Council _ has not awarded a developrnent grant to the Eennepin County Park Reserve District for this project . We have received from the Hennepin County Park Reserve District a request that Noerenberg be added to the Council ' s Regional Recreation Open Space System Plan, and that $350,000 be allo- cated for its development in 1979 . With that request , the Hen- nepin County Park Reserve District also submitted a master plan for the site . Neither the Metropolitan Parks and Open Space Commission, nor the Metropolitan Council, has , as yet ,acted on any of these items . We have held a public hearing on the 5-Year Capital Improvements Program; this will be up for final consideration and adoption by the Commission and the Council in the next few weeks . Present staff thinking is that Noerenberg (and some other sites , which - - we have been asked to add to the regional system) should not be accepted into the system and funds allocated in the CIP until we have had further opportunity to review our total system and evaluate needs . � � The master plan for the site, under the 1974 Metropolitan Parks Act, must be prepared "after consultation with all affected municipalities . " We would be concerned if that has not been done. In any event, we do not approve developr.�ent grants for regional park projects until we have reviewed and approved the appropriate master plans : T'hus , there are still se�eral steps ahead that are to be taken before the Com�ission and Council will be at the point of con- sidering a development grant. jJe welcome the opportunity to be ' aware of your concerns , and encourage the City of Orono to pursue Page 13 Page 2 \ Mayor t�?iiliam B. Vanl`est September 11 , 1978 these concerns with the Hennepin County Park P.eserve District . If you have further questions , or if we can be of further help , please contact Bob tiethercut , who is our Director of Parks and Open Space , at 291-6403 . � Sincerely, � � hn Boland hairman JB/bd i REGULAR P'iEETI2JG OF THE ORONO COUNCIL, SEPTEMBER 26, 1978 Page 14 Mayor Van P1est r�oved, Pesek seconded, to approve W.H.A. D. 1979 BUDGET "`rono' s section of the West Hennepin Assessrnent istrict' s proposed 1979 budget. P�otion, Ayes (3) - r7ays (0) . A letter from Leonard L. Kopp, City Manager of 1979 FIRE SERVICE Mound, dated September 11, 1978 concerning fire City of Mound charges for 1979 stated that if the new truck is ordered and paid for over eight years, Orono' s � additional charge for 1979 will be $4,928. 75. I�iayor Van Nest moved, Pesek seconded, to approve the 1979 fire charges for the City of Mound fire ' service includinc� the new fire truck, subject to final review and approval of Dick Benson, City Administrator. r�otion, Ayes (3) - Nays (0) . The following letter that the City Council requested LAW ENFORCEMENT CONTRACT at the previous meeting was mailed September 19 , 1978 to Mrs. Darlene Ressler, City of Minnetonka Beach; Mrs. Debbie Stinson, City of Long Lake; and Mr. Donald Loebrick, City of P4aple Plain, concerning the Agreement and Contract for Law Enforcement for 1979, which states: ��e are hereby requesting that the Agreement and �;ontract for Law Enforcement delivered to you on Septer.lber 18, 1978, be approved, signed and returned to the City of Orono by October l, 1978. If we do not receive said signed contract by October l, 1978, this letter hereby serves as notice of intent to terminate the existing Agreement and Contract for Law Enforcement as of 12: 01 A. M. , January 1, 1979, as per the existing contract. If you have any questions regarding this letter, we urge you to contact our offices as soon as possible. " End of letter Chief of Police Kilbo informed the City Council that POLICE #320 CONTRACT the Police #320 Contract will be presented at the next Council meeting. Butler moved, Pesek seconded, that the Street STREET LIGHTING Lighting AssessMents - SL-68 , be approved. ASSESSP�ENTS - SL-68 * Motion, Ayes (3) - Nays (0) . i REGULAR T�IEETING OF THE ORONO COUNCIL, SEPTEMBER 26, 1978 Page 15 Butler moved, Pesek seconded, that the Street STREET LIGHTING Tighting Assessments - SL-70 , be approved. ASSESSMFPJTS - SL-70 * �tion, Ayes (3) - rlays (0) . Butler moved, Pesek seconded, to accept the SUr2MARY OF RFCEIPTS, * Surunary of Receipts, Disbursements, & Balances etc. for July 1978, r4otion, Ayes (3) - Nays (0) . July 1978 Butler moved, Pesek seconded, to accept the SUMI��iARY OF RECEIPTS * Surnmary of Receipts, Disbursements & Balances etc. for the first seven months of 1978. Motion, First Seven Months 1978 Ayes (3) - Nays (0) . Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION �946 Resolution #946, A Resolution Providing For The Delinquent Sewer Bills Collection Of Delinquent Sewer Service Charges. Motion, Ayes (3) - Nays (0) . Mayor Van Nest moved, Pesek seconded, to adopt RESOLUTION �947 Resolution #947, A Resolution Providing For The Delinquent Water Bills Collection Of Delinquent Water Usage Charges. Motion, Ayes (3) - Nays (0) . _iayo-r Van 'lest ��oved, 3utler seconded, to anprove 1979 BUDGET the 1379 �udget. 'iotion, Ayes (3) - Tlays (0) . Butler moved, Pesek seconded, to adopt Resolution RESOLUTION #948 #948, A Resolution Approving The 1979 Tax Levy 1979 Tax Levy Collectible In 1979. Motion, Ayes (3) - Nays (0) . Mayor Van Nest moved, Butler secondeci, to adopt RESOLUTION #949 Resolution #949, A Resolution To Amend Resolution Long Lake Water Rates #273 Providing Water Rates For District #2 (Long Lake District) . Motion, Ayes (3) - Nays (0) . Mr. Tom Kuehn, Finance Director, presented the DISEASED TREES REMOVAL City Council with a memo concerning diseased tree COSTS rernoval costs to be assessed dated September 22, 1978 , which states: In the past two years of the diseased tree program, • the City of Orono has had two instances where the homeowner has been unable, or has refused, to remove a diseased tree on his property. In these instances, � he City has contracted with outside tree removal firms for the removal of these trees. At the Council meeting on Tuesday, September 26, 1978, I will present a resolution providing for the assessing of the removal costs against the properties involved. (Continued) REGULAR r�IEETING OF THE ORONO COUNCIL, SEPTEMBER 26 , 1978 Page 16 Butler moved, Pesek seconded, to adopt Resolution RESOLUTION #950 #950 , A Resolution To Provide For The Collection DISEASED TREES REP•?OVAL �f Costs Of Removing Diseased Trees From Private COSTS Property, subject to nece.s�a�y notir�_c�tion of the persons involved. I�Sotion, Ayes (3) - Nays (0) . Pesek moved, Butler seconded, to request the City BOULDER BRIDGE MATTER Attorney to intervene on Orono' s behalf concerning the Boulder Bridge matter. Motion, Ayes (3) - � Nays (0) . Butler moved, Pesek seconded, to approve the LICENSES* following licenses: Motion, Ayes (3) - Nays (0) . Don 4Jold Plunbing - Plur.tber & Sewer Hookup Lance Coppin Sewer & V�ater - Plumber & Sewer Hookup Piper Plumbing, Inc. - Plumber Butler moved, Pesek seconded, that the Al1 Funds BILLS * Accounts 19795 through 19800 , 11700 through 11719 , 2762 through 2832 , 6950 through 6995, 10665 through 10667 and Liquor Store Accounts 12712 through 12740, be paid, t�4otion, Ayes (3) - Nays (0) . ' Butler moved, Pesek seconded, that the meeting be ADJOURNMENT adjourned at 10: 40 P.M. Motion, Ayes (3) - Nays (0) . ���/�� �' t�Tilliar.m B. Van Nest, idayor Attest:������/`'��7�rZC �7,,.�, �%..1�� t � �.. .� � - � �, Walter R. Benson, Clerk-Ad�inistrator