HomeMy WebLinkAbout11-28-1978 Council Minutes CITY OI' OROIZO
Regular P4eeting of the Orono Council, 7: 00 P.M.
Ilovei:lber 28, 1978
The Orono Council met on the above date with the
following mer.ibers present: Mayor Van Nest, Council-
r.�enbers Butler, P-4assengale , and Pesek. Councilmeriber
Paurus arrived at 8: 10 P.P1. Also present: City .
Planner Olson, City Attorney P4alkerson, City Engineer
Cook, Chief of Police Kilbo, Publi� Works Coordinator
Gerhardson, and Deputy Clerk Strom. Absent: City
Adr.►inistrator Benson.
Butler moved, t2assengale seconded, to approve the COPJSENT AGENDv*
Consent Agenda* , excluding item #2, with all
staff data and supportive inforr:�ation to be
included in the PZinutes in the secluence thev occur.
P4otion, Ayes (4) - P1ays (0) . �
Butler moved,' P�Iassengale seconded, to approve the P'IIP]UTES
I�sinutes of the Regular P�eeting held TJovember 14,
1978, as ar.lended. ldotion, Ayes (4) - Nays (0) .
iIo cor_u:tents from the Park Corunission. PARK COr�lP�ISSION
Councilmember Paurus, La}:e ?4innetonka Conser.vation LP4CD REPORT
District representative, comriented that the LMCD
new dock ordinance states that new cor.unercial docks
cannot extend over 100 ' but that the present
cornmercial docks will remain at 2C0 ' .
No comments from the Planning Commission. PLANNING COMI�4ISSION
Psr. Alan Olson informed the Cit�� Cosncil that the COiSPREHEPIGIVE PLANNING
Comprehensive Planning Report compiled by Isberg, REPORT
Riesenberg & Associates, Inc. will be discussed
at �he Council and Planning Comriission joint
meeting on Thursday, Tdovember 30, 1978 at 7: 30 P.P4.
Mr. Tourangeau, Mr. Reutiman, an3 rir. Hornick cvere CONDITIONAL USE PERrSIT
present concerning a resolution establishing a � 1960 Shoreline Drive
cor�ditional use perrtit for operation of a lawful #421
non-conforr.►ing use of land at 1960 Shoreline Drive.
The applicants stated that they had not had time to
review the resolution and requested that the matter
be tabled until the next meeting.
Butler moved, Pdassengale seconded, to table the
request fo� a conditional use permit for 1960 Shore-
line Drive to allow the applicants time to review
the resolution and/or r,take changes to the resolution.
P'Iotion, Ayes (5) - Pdays (0) .
R�GULAR ??E�TIi7G OF THE ORONO COUt1EIL, 2JOVEMBER 28, 1978 Page 2
P�Lr. David Dunlap and his attorney, PJill Hartfeldt, .; CONDITIONAL USE PERMIT
were present concerning i•4r. Dunlap' s request for � 1595 Bohns Point Road
a dredging perr.iit in a lagoon for his new boat. #424
David Dunlap
Mr. Iiartfeldt stated that he has some new information
and that he would put it in writing for review for
the City Council and City Attorney concerning a new
pro�osal for David Dunlap' s dredging request. .
Mr. Alan Olson, City Planner, entered into the SUBDIVISION
record the request for a subdivision of Burt 1125 Hunter Drive
Corwin, 1125 Hunter Drive, dated October 17, 1978 , �k432
which states: Burt Corwin
Sketch Plan Review - Zoning District RR-1B
Mr. Corwin proposes a two lot subs3ivision of a 22-plus
acre parcel in the north�eest quadrant at the inter-
section of County Road Six and Hunter Drive. The
2 . 6 acre lot has an existing house with an on-site
septic system "that will be inspected by the Septic
Inspector. We will waive a septic test for the
19-plus acre lot. The developer should be riade
aware that if this 19-plus acre parcel is subdivided,
a septic test will be required.
There are three designated wetlands involved in this
subdivision each must be designated either by a metes
and bounds or drainage easement description. The
applicant riust then enter into a Conservation and '
Flowage Easement agreement with the City.
The final plan must designate a five foot drainage
and utility easenent along lot lines. The 2. 6 acre
lot meets the necessary two acre continuous dry
buildable requirement. All setbacks for the house
and accessory buildings meet the zoning requirements
, of the district.
Planning Comr_iission 14eeting - October 23, 1978
Planning Commission gave conceptual approval for
Burt Corwin' s two lot subdivision. The Commission
requested a public inforrmation meeting be scheduled
for ilovertber 13, 1978
Staff Update - October 31, 1978
Please note setback for shed along north lot line
is not recorded - it appears to be less than 10 ft.
Another shed to the west and slightly north of
existing shed is unsafe and should be removed before
final approval. (Continued)
REGULAR i2EETING OF TF� ORONO COUNCIL, NOVEr4BER 28, 1978 Page 3
Planning Cor_►mission P�7eeting - Nover.iber 13, 1978 SUBDIVISION
1125 Hunter Drive
Planning Comraission moved for prelir.iinary approval (Continued)
of the Burt Corwin plat. Commission meribers felt �
it was not necessary to remove the unsafe shed on
the 19-plus acre lot. There are no setback problems
for the existing buildings. Park dedication fee to
be determined by staft and applicant to select
r.iethod of wetlands designation.
Council P7eeting - November 28, 1978
P4r. Corwin and P4r. Robert C. Scott, real estate
broker, were present.
P4ayor Van Nest moved, Pesek seconded, to give
preliminary approval for the subdivision request
of Burt Corwin, 1125 Hunter Drive, subject to '
two acres dry buildable land, not to include road
right of way or wetlands, park dedication fee being
paid, dedicated right of way for Hunter Drive, and
conservation and flowage easement. P4otion, Ayes (4) -
Nays (0) .
I�ir. James Bloemendahl, Department of Natural LUCE LIP1E TRAIL
Resources, presented plans for a rest area at Rest Area
Willow Drive and the Luce Line Trail, Niforopulos Willo�a Drive
property. He stated that there would be no snow-
mobile trails, no camping nor over-night car.�ping,
and no off-street parking. It would consist of
trails, picnic area, and general rest area.
P4ayor Van Plest requested that concerned citizens
in the area: Donald Scott, Judd Ringer, and I�Ir.
Dickey be inforr.ied of the plans that will be
presented again at the next Council meeting.
P•ir. Alan Olson, City Planner, stated that the COPIDITIONAL USE PERMIT
Planning Comr.tission is in the process of review- VARIANCE
ing an application by Alexander Fiolzer, 2677 Casco 2677 Casco Point Road
Point Road. The application is for a variance and #436
conditional use perriit to approve work which is Alexander Holzer
already substantially cor.lpleted. Involved is a
concrete wall, a retaining wall and some filling
and grading.
The Council is asked to give staff direction
concerning two procedural issues. The Council is �
not asked to review any substantive issues until
the Planning Cor�u�ission has cor.lpleted their
review and made their recommendation.
(Continued)
REGULAR riEETING OF THE ORONO COiJNCIL, NOVEMBER 28, 1978 Page 4
l. The City is asked to authorize extra expense by CONDITIONAL USE PERdIT
the City Attorney and the City Engineer to u:�der- VARIANCE
take studies requested by the Planning Coru*�ission. 2677 Casco Point Road
According to ordinance, the Council may direct (Continued)
that such charges be paid by the applicant.
The attorney has already answered the Planning
Commission' s questions. The applicant's
attorney has requested time to subr.lit his own
additional engineering before the City undertakes
a special study. The staff recomi:lends that no
unusual engineering studies be undertaken but
that the City Engineer should review the applicant' s
submittals according to norr�al procedures.
2. The City Council is asked whether or not to reopen
variance case #417 concerning a garage on the
property. A complaining neighbor has charged
violation of the variance and has requested re-
review along with the other r.iatters. Staff recom-
r.►ends that the variance was properly reviewed,
proper permits were subsequently issued, and the
building is being built within the code and
variance requirements. �ae recommend not reopening
the case at this time.
PZr. P•sitchell, the applicant' s attorney, requested
by letter that no work be ordered which would be
chargeable to his client and that he be allowed
tir.ie to respond to all matters. Mr. Nekich, by
telephone, agreed to the delay but did restate
his request for an independent City engineering
review.
Butler moved, Pesek seconded, to deny authority
for unusual City engineering expenses, lir.liting
engineering costs to the normal review procedures; -
to decline to reopen variance case #417 according
to staff recommendations and to defer all substantive
review of the issues until after the Planning
Conunission makes a study of the facts and presents
recorunendatinns to the Council. Motion, Ayes (4) -
Nays (0) .
REGULAR r4EEiIi1G OF THr OROi10 COUiICIL, PJOVE:�BF.R 28, 1978 Page 5
Mr. George Johnson apPeared concerning his Stubbs STUBBS BAY MARINA
Bay t2arina informal proposal that he had presented
to the City Council previously. He stated that he
is in the process of making an application for staff
review but has a deadline to rteet.
The City Council decided PZr. Johnson' s pronosal
should be reviewed by the Planning Commission,
the Consulting Planners, staff, and Police Department
and to be on the January 9, 1979 Council agenda.
Mayor Van P7est requested that 2�r. & Plrs. Keiran and
James r'lcCleary be notified.
P4r. Glenn Cook, City Engineer, informed the City CITY ENGINEER'S REPORT
Council that he has toured the City and is becoriing
farniliar with the ring route properties for easerlent �
acquisition.
P4r. Bruce P�alkerson, City Attorney, presented the RECODIFICATION
City Council with a recodification of the City
code proposal fror.l his firm, Popham, Haik, Schnobrich,
I:aufr:lan b Doty, Ltd.
Paurus moved, Butler seconded, to table the
recodification proposal of Pophar,l, Haik, Schnobrich,
Kaufrlan & Doty, Ltd, until the ne�t meeting, subject
to Dick Benson' s review. Motion, Ayes (5) - Nays (0) .
Chief of Police P2e1 Kilbo presented the City Council MUTUAL AID
with the following mer►o concerning P�utual Aid, dated
Pdovember 20, 1978, which states:
The City of Orono is in a Mutual Aid Pact with 28
different agencies. The basic intent of this pact
is to provide a legal vehicle for sharing Law
Enforcer,lent Resources within Hennepin County.
In event of a major disaster such as a tornado, flood
or storm damange, plane crash, railroad accident,
hostage situation, riot or civil disturbance,
searches for missing persons or any situation where
it is evident that one community could not provide �
sufficient resources, the rsayor, City Administrator,
and/or the Chief of Police shall be the requesting/
responding party.
In the case of day to day emergencies such as medicals,
alarns, backup on dangerous calls, traffic control
at accident scenes, the senior officer on duty is
authorized to request or respond to Mutual Aid calls.
(Continued)
REGULAR 24EETING OF TIiE OR02J0 COUNCIL, t10VE2'iB�R 28 , 1978 Page 6
The following criteria shall be used in determining MUTUAL AID
whether response is to be given on day to day (Continued)
emergencies.
l. If only one car is on duty, the response is to
be for urgent matters only. As soon as the
imi*iediate emergency is over, the Orono car
' shall return to Orono.
2. If two cars are on duty, the senior officer on '
duty shall determine whether Orono will respond
and which unit is to respond. One car shall '
remain within the Orono area.
3. In all day to day er.tergencies when units of
responsible jurisdiction arrive, the Orono car
shall leave the scene returning to Orono. In
any case, the Orono car shall not be out of
Orono over one hour without checking with a
senior officer for further orders.
4. The distance the Orono car has to travel is to
be considered. If a closer car is responding
to aid requesting party, the Orono car shall
stay in the City until further aid is requested.
5. All officers are reninded our prirlary duty is
to the City of Orono and its contractinc� agencies.
Council P�eeting - Nover_mber 28, 1978
Paurus moved, Butler seconded, to adopt Resolution RESOLUTION #960
#�960, A Resolution Ar_►ending Resolution #232 , An Mutual Aid Amendment
Agreement To A Joint And Cooperative Use Of Police
Personnel And Equipment, and to attach the above
response criteria. Motion, Ayes (5) - Nays (0) .
Chief of Police Mel Kilbo presented the City Council SnUAD CAR BIDS
with the following memo concerning bids for a squad
car purchase, dated November 21, 1978, which states:
I ari requesting permission to get informal bids or
quotes to purchase one squad car. I intend to get
quotes fror.m local concerns if possible. It was
decided earlier to use this rlethod instead of the
Hennepin County purchasing contract because of only
one car being purchased.
The County bid on full sized cars was granted to
Freeway Ford for a Ford LTD 2 for $6, 118. Superior
Ford bid a regular LTD for $6, 498. 17. A Chevrolet
was bid for $6, 740 for an Impala IBL69. The mid-
size sedan bid was granted to Iten Chevrolet for
the P4alibu for a sum of $5 , 938. (Continued)
:�
REGULAR 2�7EETIi1G OF THE OROi10 COUNCIL, NOVEMBER 28, 1978 Page 7
The specifications for informal quotes are attached SQUAD CAR BIDS
for your inspection. I would like germission to (Continued)
get quotes for your action by the Decer_Zber_ 12, 1978
Council Meeting because there is a 45-60 day delivery
delay involved.
Council P�eeting - tlovember 28, 1978
r4ayor Van Nest r.►oved, Butler seconded, to approve
Chief of Police Kilbo' s request to procure informal
bids for a new squad car. P�otion, Ayes (5) - Nays (0) .
Mr. John Gerhardson, Public j9orks Coordinator, PUBLIC HEARING DATE *
presented the City Council with the following Reschedule CDBG
memo dated November 20, 1978 , which states :
At the October 10, 1978 regular Council meeting,
the Orono City Council did schedule a public
hearing for Year V of the Community Development
Block Grant Program for November 28, 1978.
Due to an error on my part, the public hearing
notice did not get published in the required
amount of tiMe. (Ten days prior to public
hearing) . Therefore, it will be necessary to
reschedule the public hearing for December 12,
1978.
Council Meeting - November 28, 1978 ,
Butler moved, l�assengale seconded, to approve
the rescheduling of the Community Development
Block Grant public hearing to December 12 , 1978.
Motion, Ayes (4) - Nays (0) . �
I�Ir. John Gerhardson, Public Works Coordinator, RESIGPJATION *
presented the City Council with the following David Goman
memo concerning the resignation of David Goman,
dated November 21, 1978, which states:
On PJovernber 15, 1978, Mr. David Goman, utility
r.lechanic, submitted his resignation to become
effective Idovember 29, 1978.
Mr. Goman has accrued 242 hours sick leave of which
he will receive one-third of it as termination pay.
He has also accrued 43 hours vacation time.
Therefore, Mr. Gor►an shall receive a total of 124
hours compensation at $7. 69 per hour for a total
of $953. 56. (Continued)
REGULAR P'iEETIPdG OF TEiE OROP70 COiJPiCIL, NOVENIBER 28, 1978 Page 8
Butler noved, Massengale seconded, to accept the RESIGPd�,TION *
resignation of David Goman, Utility lsechanic, (Continued)
and to approve the amount of $953. 56 as termination
pay. Motion, Ayes (4) - Nays (0) .
P4r. John Gerhardson, Public Works Coordinator, TEMPOR.ARY EMPLOYMEPIT �
presented the City Council the following memo Jerry Smith
concerning temporary employraent of Jerry Smith,
dated rdovember 20, 1978 , which states:
On May 28, 1978 , 2�r. Jerry Snith began erlployment
for the Public Ldorks Department as a temporary
light equipr►ent operator at a rate of $5. 00 per
hour.
On Plovember 28, 1978, this position will expire
but because of a vacancy in the utility departr.lent,
it is my recor,unendation to extend Mr. Smith' s .
position for a period of time not to exceed three
months and to adjust his salary from $5.00 per
hour to $5.50 per hour.
t�ir. Smith will assist in the utility department
until the vacancy is filled and also in erlergency
snow renoval for the street department.
Council Meeting - November 28, 1978
Butler moved, Psassengale seconded, to approve
the temporary employment of �Jerry Smith for
the Public Works Department at a rate of $5. 50
per hour, not to exceed three months. P4otion,
Ayes (4) - Nays (0) .
Mr. John Gerhardson, Public Works Coordinator, CHRISTMAS TREE DISPOSA
presented the City Council the following r.lemo
concerning Christmas tree disposal, dated
tdovember 20, 1978, which states:
Because the Christr:ias tree disposal program of
last year was a success, it is my recommendation
to schedule the prograr► again for 1979.
Orono residents may drop off Christmas trees from
January 6 through January 14, 1979 at the following
locations:
1. Casco Point Skating Rink - one block south of �
County Road 15 on Casco Point Road.
2. Antoine Park - at the intersection of Corral
Road and Fagerness Point Road
3. Hackberry Park - Willow Drive - just north of
4�atertown Road
(Continued)
REGULAR P'iEETING OF THE ORONO COUPICIL, P10VEPInER 28, 1978 Page 9
4. Orono Golf Course - lower storage shed ar_ea CHRISTMAS TREE DISPOSAL*
just south of the Luce Line bridge on Orono (Continued)
Orchard Road
5. Crystal Bay - across the street from the
Administration Building by new well
6. Bederwood Park - South of ��atertown Road on
Stubbs Bay Road
Council Meeting - November 28, 1978
Butler noved, Massengale seconded, to approve the
Christmas tree disposal program at the above
locations for January 6 through January 14 , 1979 .
I4otion, Ayes (4) - Y1ays (0) .
John Gerhardson, Public [aorks Coordinator, and SALARY ADJUSTMENT *
Chief of Police Kilbo presented the City Council Sandi Woytcke
with the following mer.lo dated ilovember 22, 1978 ,
which states:
On May 30, 1978, P�Irs. Sandi 4Joytcke began
eriployment with the City of Orono as part-time
secretary for the Police and Public Works
Departments at a starting rate of $2. 90 per hour.
On November 30, 197£3, Sandi will have completed
her probationary period.
Sandi has attended some of the courses offered
through the Bureau of Criminal Apprehension and
will attend a 40-hour course in Decer.iber.
Sandi ' s attitude and performance have been very
satisfactory and, therefore, I recommend adjusting
her salary from $2. 90 per hour to $3.25 per hour
effective Plovember 27, 1978. ,
Council Meeting - Pdovember 28, 1978 �
Butler moved, P2assengale seconded, to approve a
salary increase for Sandi Woytcke, part-time
secretary, to $3. 25 per hour effective Nover.mber 27,
1978, i�iotion, Ayes (4) - Nays (0) .
Butler r.moved, P4assengale seconded, to approve the LICENSES*
following licenses : Motion, Ayes (4) - Nays (0) .
Dolder Plumbing & Heating - Plumber & Sewer Iiookup
�rnie Voigt & Sons - House Movers - One time only
Hanson-Kleven Plumbing - Plumber
R�GULAR MEETING OF THE OROt10 COUt1CIL, NOVEMB�R 28, 1978 Page 10
Butler moved, 2�iassengale seconded, that the All BILLS*
I'unds Accounts 7146 through 7187, 10678 throuc�h
10680 , 3008 through 3058, 11735 through 11738
and Liquor Store Accounts 12808 through 12837,
be paid. Psotion, Ayes (4) - Nays (0) .
At 10 : 15 P.ri. , the Orono City Council �aent into EXECUTIVE SESSION
an executive session to discuss r:latters in
litigation.
Butler moved, Massengale seconded, that the ADJOURNMENT
meeting be adjourned at 10 : 45 P.M. Motion,
Ayes (5) - Nays (0) .
��� ��,�
ti9il iam B. Van Nest, r��yor
Attest:
•�alter enson, Clerk-Administrator