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HomeMy WebLinkAbout05-22-1979 Council Minutes CITv Or ORONO Regular t�eeting of the Orono Council, 7 : 00 n.ti. t4ay 22 , 1979 . 'I'he Orono Council met on the above date with t11e following members present: P:a,,�or Van T1est, Councilrnerlbers Butler, Hurr, and Paurus. Absent: . Councilrmeriber Massengale. Also Present: Cit_y Administrator Benson, Assistant Building & Zoning Adriinistrator P�abusth, City Attornev ;4alkerson, Citv Engineer Cook, and Deputy Clerk Strort. Absent: Citv Planner Olson. ISayor Van Nest announced that now is the tir�e and PUBLIC HEARITIG place for a public hearing regarding ariendrlents to G7e11 Code .Arlendnent ChaPter 23 of the ?'funicipal Code relating to licenses, permits and standards ior water �aell construction. I�ssistant Building & �oning Pdr.�inis- trator PZabusth presented the Notice of Public Hearing, the Af_fidavit of Puhlication, and the Certificate of iiailing. P�iayor Van Plest inc�uired if anj�one �resent - wished to be heard. P7obody ��a_� nresent concerning t�e proposed ordinance ar�endr,�ent. r�avor Van Idest closed the public hearing at 7: 0.'. P.*�. Paurus rnoved, Butler seconded, to defer until the meeting of June 12 , 1979, the proposed anendr�ent t o the I!Iunicipal Code, Chapter 23. tiotion, Ayes (4) - P1ays (0) . Dick IIenson, City Adr_iinistrator, rec�uested t�at CO�ISEN^ AGEND�,* iterl 23 be reriove� from the Consent Agenda* and 26-A :be adaed to the Consent �cTenc?a�". Butler r�oved, Paurus seconded, to approve the Consent Agenda*, subject to rer_ioving item 23 and adding iter.l 26-A, �vith all staff data� and supnortive inforrlation to be included in the P4inutes in the sequence they occur. PRotion, Aves (4) - Plavs (0) . 1-iayor Van ilest nresented a plaque to Officer PRESEPd"_'A`_T'IOYJ � Er►erson Dressel in coru-�emoration of twenty years Erierson Dressel service with the Orono Police Departr.►ent. Chief of Police �:ilbo inforr.ted �he audience that Oificer Dressel will be retiring i4av 31, 1979 and invited everybod�� nresent to attend a retire- ment party, Friday, June l, 1979 at the 'Redina Ballroorn. ` Chief of Police I:ilbo introduced the Police Reserve to the City Council. REGULAR P�F;ETIr1G OF THE OROIJO COUr1CIL, P'!AY 22, 1979 Page 2 Butler moved, . Paurus seconded, to approve tlie MINUTES* Minutes of the Regular Meet�.ng of April 24 , 1979 . 2dotion, A;�eS (�) - I•7ays (0) . Mr. Lee Tomlinson, . Park Commission Chair�erson, BEDER`a00D PARK was present to discuss the Bederwood Park baseball diariond. He stated that grading and seeding has been done and that trees will be planted soon. P4r. Tomlinson also informed the City Council t�at there are no block grant funds available to upgrade the Bederwood Park. Discussion was held concerning a Babe Ruth baseball field. _�a•l�or Van I1est� requested th�t the group interested in using the baseball field present to the City Council their plans for the use of the field. iQr. Dick Grunc3meier, Project Engineer for Johnson INTERCEPTOR Bros. , was present to discuss the progress of the interceptor installation. He stated that work will not begin on County Road #15 until after the open house at the Halpin Estate. They will proceed do�ln County Road �51 to County Road ;f�34 in ap�roxirlately one ���eek and that the Tanager Lake bridge reconstruction is on schedule to be finished b_y .7uly 1, 1979. Councilrtertber Paurus , representative to the Lake LP�1CD REPOR'� P�Iinnetonka Conservation District, informed the City Council that the Lr'1CD will hold a meeting May 23 , 1979 , 8: 00 P.P1. at the Gray Freshwater Biological Institute. 210 cor:uaents from the Planning Coru-�ission. PLAi�TI�IIZIG CONL�lISSION Pdayor Van Nest announced that the Joint Council JOINi 2�IEETING* and Planning Cor:unission meeting has been changed June 28, 1979 to June 28, 1979 at 7: 30 P.M. to discuss the " Conprehensiv,e Plan. A citizen from the IIohns Point area appeared PUBLIC COMP7EPdTS urider the Puk�lic Corunents item on the ac�enda. I3e requested information concerning the Noerenberg bridge closing and how emergencies vaould be handled. rdayor Van Nest inforrled hir.t of the dates for other bridge closings and stated that rloerenberg bridge , would not be closed until after Coffee bridge is opened; also, that all emergencies would be handled efficiently with the coorperation of other agencies. REGULAR NtEETITIG OF THE ORONO COUi1CIL, P171Y 22 , 1979 Page 3 Jeanne P�abusth, Assistant Building & Zoning Adr.tinis- CONDITIOr7AL USE PERP4IT trator, entered into the record the conditional use 440 �9illow Drive perr.iit request of Richard Perr_y, 440 �9illow Drive, #435 dated rlovember 13, 1978, which "states: Richard Perry Mr. Perry reviewed the proposed filling project along the western edge of his property and estimated that he had filled 100 cubic yards without a perr.lit. The Building Inspector issued a stop work or.der and required 50 cubic yards be renoved fror.l the fill area. Planning Coirunission requests an enc�ineering plan for the project consisting of existing c�rade, proposed grade, amounts of fill, and City Fngineer to study the effects on local flowage district. Staff Note - April 30, 1979 Satff regrets the delay in brinc�ing this application back for action but an evaluation of the site by the City Engineer could not be made until this past week. He recom�ends ditching to alleviate a ponc3ing area caused by the fill. Staff locates the ponding area on the applicant' s property. I•ir. Perry has stated that he plans to correct the probler.i with additional fill and grading. He plans to fill in the sar,►e area with an additional 50-70 cubic yards c�f fill. ti�7e foresee no problem as long as the existing drainageway along �aillow Drive is not af�ected. Isr. Perry has been inforz:led by the riCWD that a permit will not be necessary for this application. The following points should be covered in your recomr.iendation: l. Set limit on additional fill to be allowed - Example - 70 cubic yards (7 dump truck loads) 2. Proposed grading to remove ponding area to be reviewed by staff on site with applicant. 3. Hay bales to be placed immediately to prevent silting and to remain until project is completed. _ 4. Set cor!�tpletion date for project, sometime this early summer and require an inspection by staff. Planning Commission P�eeting - May 7, 1979 � Mr. Perry reviewed his proposed plan for completing the fill and grading. He will consult u�ith staff at the time he is allowed to correct the ponding area in the eastern portion of his property. Fie contends the exposed fill area now has vegetation and questions the need for the hay bales. The Building Inspector will evaluate the site and deternine if hay bales are needed. Planning Cor,unission moved to approve the conditional use perrlit subject to the follo��ing conditions: , (Continued) REGULAR PIEETING OF �1�HE OROiJO COUi1CIL, rq1�Y 22 , 1979 �'age 4 l. Citv staff to review the following ��ith apPlicant: CO'�IDITIO*IAL USE PE?2P4I7 a) Pleed �or hay bales over �ill area 440 ?aillow Drive b) Deterr.�ine arlount of fill to complete c�rading (Continued) plans c) Grading plans to alleviate ponding area 2. Cor:lpletion date of August l, 1979 f_or entire �iroj ect Council rieeting - Play 22 , 1979 Butler moved, Iiurr seconded, to aPprove the conditional use permit for Richard Perry, 440 I9illo�� Drive, subject to the recommendaitons of staff April 30, 1979. P9otion, Ayes (4) - Nays (0) . P7ayor Van *Iest moved, Paurus seconded, to table the COPdDITIONAL USE PERP�lI7 request for a conditional use perr.tit �f Richard 3898 Cherry Avenue Oliver, 3898 Cherry Avenue, until the next r,ieeting. #458 T�otion, Ayes (4) - idays (0) . Richard Oliver I�r. & Mrs. Robert ��7atson, 2775 Shad���eood Road, were VARIANCE present to explain their rec�uest for a variance and 2775 Shadywood Road their hardship concerning their application. #�462 �Zobert t^Tatson P�ayor Van 2dest r,loved, Paurus seconded, to approve the variance request of Robert l;latson, 2775 Shadv- wood Road, hardship beinc� uniqueness of the lot,f (the lot for the buildinc� site is 0. 66 acre) ; and directed staff to submit a resolution at the �Tune 12 , 1979 Council meeting to include: no additional curb cut on City street; the lakeshore is riparian to adjoininc� piece of c�round; no boat storage in front of lot; boat to be stored in lagoon; no additional variances; all assessments and fees to be paid for proposed house on Tracts B-C-D. Isotion, Ayes (4) - Nays (0) . Jeanne P4abusth, Assistant Ruilding & Zoninc� Adminis- SUBDIVISION trator, entered into the record the request for a 1340 Baldur Park Road preliminary subdivision of Gary Petersen, 1340 Baldur #466 Park Road, dated Niay 14 , 1979, which states: �ary Petersen Three lot division per survey received April 26, 1979 One existing house on Lot 1: 0.90 acre Two new building sites: 0. 69 acre and 0 . 76 acre ` Extension of public road to new cul-de-sac Extension of sewer to all lots This proposal has gone through nunerous plan changes. The Planning Comr►ission and staff recor.unend .preliminary approval of the plan provided to you, with the follow- ing conditions: (Contiuned) REGULI�R i'iEETIPIG OF THE OROP70 COUI•1CIL, 24AY 22 , 19 79 Page 5 1. �xisting driveway to be replaced with ne�•� �ublic SUBDIVISIOPd road and cul-de-sac in center of peninsula. 1340 Baldur Park Road Right-of-way to be dedicated 50 ' �vide ���ith a (Continued) 50 ' diameter cul-de-sac on end. Planning Conmission recorunended c�ravel surface because of lakeshore proximity but Public T9orks Supervisor and Planner recomr:►end standard 18 ' paved surf_ace (to match existing Baldur Park Road) for rnaintenance purposes. If hardcover , becomes a concern, the cul-de-sac could be ' r.loved east with longer private driveways beyond. One corunon driveway to serve Lots 1 & 2 (and Lot 3 if cul-de-sac is moved) beyond the cul- de-sac. The Council should also consider requirinc� the developer to participate in paving the 200+ feet of gravel road between his proPerty and the end of paving on Baldur Park Road. 2 . Connection of all lots to municipal sewer: Existing house by August l, 1979 (deadline for all existing se�vered properties as previously notified) and stubs provided for new sites. 3. Payment of $225 sewer connection charc�es for two ne�v sites v�ith building permits 4. Payment of �ark dedication fee per schedule. ($440 X 2 = $8801 . 5. Removal of existing shed prior to final plat approval and rer►oval of existing garage (Lot 3) prior to building permit for new house. 6. Completion of the road and sewer improver:lents by the developer prior to final plat approval, or execution of a developer' s agreeMent to complete the work caithin one year. � 7. Planning Corunission recor.unended the dock location for Lot 3 to be an outlot on the north side of the peninsula but staff feels that there is sufficient roor.i to have a dock on Lot 3 without needing an outlot and without needing variances for dock setback or construction in the marsh. All lots are riparian. Council Meeting - Psay 22 , 1979 tZr. Petersen was present to discuss his plans for the subdivision at 1340 Baldur Park Road. *Zr. Ted IIoer, 1392 naldur Park Road, caas also presen�t and presented the City Council with a letter concerning the subdivision. � (Continued) R�GULAR TZEETIP]G OF THE ORO2J0 COUNCIL, PiAY 22, 1979 Page 6 Discussion included the placement of the cul-de-sac SUBDIVISION and the erosion of the shoreline at Mr. Boer' s 1340 Baldur Par�C Road property, Lots 17 & 18. � (Continued) Mayor Van Pdest rtoved, Paurus seconded, to table the rec�uest for a subdivision of Gary Petersen, 1340 Baldur Park Road, for staff review of a shorter public access with a reasonable turnaround; a deterrlination of the sewer and road easement; and lakeshore maintenance. t�'Iotion, Ayes (4) - tlays (0) . � I�Ir. Robert Mitchell, attorney for Darrel Stewart LAKE ACCESS and Gregg Hannah, Mr. Jerry Rice, attorney for Jason 1410 Bohns Point Road Becker, and P�r. Swenson, attorney for Jack Rhode, were all present to discuss the lake access at 1410 Bohns Point P.oad. r�ir. t�itchell presented the City Council with a letter, dated P4ay 18 , 1979, which is in on f ile in the City office. He explained to the City Council the history of the houses built at Bohns Point and of the existence of an unapproved easement to the lake to serve the Stewart and Hannah properties. Iie also disapproved of certain language in Resolution �851. Mr. Jason Becker stated that the easement had been changed by P�Ir. Fred Rogers, former o�aner of the property, at the time he purchased the property in 1974. Mr, isitchell also stated that they were only requesting a 10 ft. easernent to the lake with a riultiple dock along 55 ft. of shoreline. Mayor Van Pdest stated that the present easement is not a valid easement and requested tlie attorneys present and their clients to present an agreeable set of cbvenants to the City for review, which would include: 1) walkway only; 2) permissible LA4CD dock structure; 3) limiting easement allowing access to dock area. Butler moved, Paurus seconded, to table until the next FOXHILL 1979 LICENSE meeting the 1979 Joint Use Dock License for the Foxhill Homeowners Association. Motion, Ayes (4) - Nays (0) . . 21r. Alan Olson, City Planner, prepared a merso to the L�JALTERS PORi PERP4IT City Council concerning ti9alters Port Association EYTE2•7SIOtd* pernit, dated l�Iay 15 , 1979, which states: The fill work approved for the Walters Port Lagoon area has not yet been started although some of the west wall work has begun this spring. The various permits expire this summer. 24r. tililliam Reese is notit requesting extension of the seawall perr.lit beyond June 15, 1979, the expiration date. (Continued) REGULAR PZEETITIG OF mHE OROiJO COUNCIL, ?ZAY 22, 1979 Page 7 I certainly recor.u*�end extension for tlie duration WALTERS PORT PEF2MIT* of this summer, but c�uestion how long the project � should be carried into or beyond next summer. Recomr_►endation - I recomrtend that the expiration of the n245 Seawall permit be extended from June 15, 1979 to ilovember 15, 1979. Council i�eeting - Pday 22 , 1979 Butler moved, Paurus seconded, to approve the extention of the seawall permit for the 67alters Port Lagoon to November 15, 1979. 22otion, Ayes (4) - P1ays (0) . Mr. Alan Olson, City Planner, has prepared a report TAX FORFEIT LAND* to the City Council on Tax Forfeit Land dated May 15 , 1979 , which states: Review and disposition of tax forfeited lands is becoming more complicated because of the Policies of Iiennepin County and because of our concerns for proper land use. Fornerly, the City either released all parcels for unconditional sale, or retained all parcels for "park" purposes. On that basis , there are many individual lots scattered around that are held for some undefined "future park development". Recently, we have been trying to do a r.lore in-depth evaluation, retaining only those parcels that have significiant potential for park, street, or drainage purposes. The remaining lots are released for sale,, unconditionally if the parcel is of reasonable buildable size, and conditionally (such as "released only, if combined with adjoining parcels" ) if the lot is small or unbuildable as an individual lot. Once released, Hennepin County sells by auction so there is no guarantee that any specific buyer (such � as an adjacent land owner) will be the purchaser. There is apparently no "over the counter" sales, at least not before the first auction. ` Recently,the County staff has decided that they will not accept the City' s "conditional" releases. 'I'wo parcels released in March for cor:tbination with adjoining lots have not been released. The petitioners have been told that the County will sell the land only by auction and then only if the City unconditionally releases the parcels. . (Continued) REGULAR 21EETI*IG OF THE ORONO COUNCIL, t1AY 22 , 1979 Page 8 I think that this position is adverse to our TAX FORF�IT LAND* zoning Policies and could easily lead to a third (Continued) party variance request on an extremely small lot. The:petitioner suffers by delay and uncertainty. We have three options : 1. Retain all small parcels as done in the past. This burdens the City with unneeded property. This prohibits the adjoining owners from purchasing the property and returning it to • the tax roles. 2. Release all parcels unconditionally. This may be construed as a defacto variance. A clause could be added such that "Release of this parcel does not guarantee that it is a buildable lot. Parcels of substandard lot size may have to be combined with adjoining parcels before development will be permitted" . The County rlay or may not accept such a state- ment. They rejected this condition as used in Resolution #1013, adopted r�arch 13, 1979. 3. The City can purchase any tax forfeit lot and then resell it to anyone for any purpose that the City desires. In this option, the City has the most control for land use purposes, • but also the rnost administrative time invested. lhe procedurs would be as follows: a. Recepit of request from adjacent property owner (as in the past) b. Staff contacts Hennepin County to determine purchase cost including all back taxes and assessments: $X c. Staff notifies all other adjacent landowners that purchase is requested d. Staff prepares standard purchase agreerlent between City and buyer and obtains escrow for full amount of purchase cost ($X + $200) including: 1. Cost of lot to City $X 2. City attorney costs (estirlated at $150 per transaction) 3. City staff costs (estimated at $100 per transaction) e. City purchases lot from County f. City quit claims lot to buyer � (Continued) REGULAR 2'iEETING OF THE ORONO COUPICIL, PZAY 22, 1979 Page 9 Recor;unendation - I recor.lmend that staff be TAX FORFEIT LAND* authorized to try Option 3 on the two properties (Continued) released in P�Iarch by the City but refused for release by the County: A. Harvey Reder - Lots 8 & 9 , Block 3, Navarre Heights B. Donna �:abanuk - Lot l, etc. Wallace' s Addition This trial would allow the City to see if the desired results can be obtained with a minimum of staff time involved. We would recover all of our costs. Council Meeting - P4ay 22, 1979 Butler moved, Paurus seconded, to accept the Tax Forfeit Land Report, dated May 15, 1979. Piotion, Ayes (4) - Nays (0) . r1r. Fred Keller, developer, and Mr. Tom Berg, ORONO-PSEDINA SEWER attorney, were present to request 36 additional PROJECT sewer units fron Orono for the Medina-Morningside area of P�Iedina. P�ayor Van Nest inforried them that it would be difficult to transfer additional sewer units to i�edina since residents of Orono have been request- ing any additional units. Orono has already agreed upon 83 units to i�sedina ciue to the health problem in that City and not for the future development of PZedina-P4orningside. P�ayor Van Nest moved, Butler seconded, to instruct staff to prepare a resolution for.-.�he next Council meeting stating facts and conditions for disapproving of �ny additional sewer units to tiedina-P4orningside, and that 83 units had been approved for solv�ng the Medina health�-pro',�lera and not for any future develoPments. rZotion, Ayes (4) - Nays (0) . Butler moved, Paurus seconded, to adopt Resolution RESOLUTION #1035 #1035, A Resolution Approving The Plat Of Stielows Stielows Addition Second Addition, as amended to add a �rlound system to be included`in the chain of title. P4otion, Ayes (4) - Nays (0) . The attached letter from Buffalo Bitur_►inous, Inc. , RING ROUTE dated P4ay 18, 1979 , concerns the ring route project. Letter - Page 10 The attached letter from Glenn Cook, City Enc�ineer, concerns disposal sites for excess material for � the ring route, dated i4ay 22, 1979 Letter - Page 11 (Continued) . ` Page 10 BUFFALO BITUMINDUS, . INC. ASPHALT PAVEMENT CONTRACTOR . MEMBER ASPHALT PAVEMENT ASSOCIATION - Box 126 - Buffalo, 119innesota 55313 Hanover Plant 49$-7471 Buffalo 682-1271 Mpls. Line 339-543$ 1�,ay 18, 1979 i Honorable City Co�ncil City of Orono 1335 Brown Road South Crystal Bay, Tiinnesota 55323 Re : 1d.S.A.P. Ao. 152-104-01, 152-020-04� 152-020-05 Gentlemen: � This �rill serve as notification that we will accept the eFter.sion of the award date of the above project (Ring Rou�e Road) to June 12, 1979. Sincerely yours, � Buffalo Bituminous, Inc. �;9�:�f �!=� Darrell E. Hicks � President cc : Bonestroo� Rosene . ' Page 11 �o�s�e2�ir.oa� /`aS.P,�..e� 7Y�u��h�i�2 �x 1`Y�rc�c,�c�i.�t� Jfsc. ea.�scl�.�� �'Kgl*u�.�,.s 2335 `l!/. `���c.s�s �urlsc�.�a� 36 Ono G. Bonttr.00.P.E. Laxrentt F. Fefdsfcn, P.E. Robcrt 1V. Roscnc.P.E. G1cnn R. Cook, P.E. �/ /)_-�/ //�/i/�Edi7{a 55"� JosrpH C. Ande�!!k.P.E. JC�t1h A. Gordon, P.E. c. /��s�y /�'� . B.adlord A. Lrmbcra. P.E. Thomar E. royrt, P.E. pl�o.:�: 636-�600 Robcrr D. F�lgoaid, P.E. Rfcha�d W. Foarar, P.E. Richa.d E. 7u.ne�, P.E. Robo!C. Schwfcht. P.E. Icmet C. Olson, P.E. Marvtn L. Sorva/a. P.F. Dona/d C. Burgardt. P.E. Rrnn�rh R. Melster. P.P. � Chmlu A. E.icbon May 22� 1979 � L�o M. Pawelsk� Aartnn M. Olson � � City of Orono Box 66 " Crystal Bay, Mn. 55323 Attn: Mr. Richard Benson Re: File No. 13902 Ring Route Road Gentlemen: The disposal of the 100,000 cu,yds, of excess material on the Ring Route Road project will have to be determined prior to award of the contract. We have contacted Lee Prinus and he has indicated a part of the excess material can be disposed of on his property. The other disposal site with easy access is the Schmitt property. There is an area which could take 35,000 cu.yds. of excess material which is out of the wet lands as determined by an on site inspection. We would reco�nend that the site be negotiated for disposal of excess material to minimize the total project cost. If you have any questions, please contact this office. Yours very truly, BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC. - ���C-�� ��-�-C� Glenn R. Cook GRC:li cc: Bruce Malkerson REGULAR MEEiING OF THE OROrdO COUNCIL, P�IAY 22, 1979 Page 12 P�r. Glenn Cook, City Fngineer, was present to RIrd(; ROUTE discuss the plans for the proposed ring route. (Continued) Also �resent: P7r. & P�irs. Pregel and tir. & P�rs. Sweezo. Pdr. Cook explained to the Pregels and S�veezos where the ring route project would be in relation to their properties. He stated that a shorter turnlane would eliminate need for easements on both properties. The culvert would be concrete and the size would be increased. The resolution ordering the ring route project will be agended for the June 12, 1979 Council meeting. Butler r.loved, Hurr seconded, to adopt Resolution RESOLUTIOPd #1036 #1036, A Resolution To Issue And Sell $270,000 Ring Route Bonding Date General Obligation State-Aid Road Bonds Of 1979, June 26, 1979 at 4: 00 P.P4. Motion, Ayes (4) - Nays (0) . Butler moved, Fiurr seconded, to adopt Resolution RESOLUTION #1037 �1037, A Resolution Authorizing Taking Of Land Er.►inent Domain By Eminent Domain For Public Right-Of-��ay For Ring Route Property The Ring Route Project 79-1. Piotion, Ayes (4) - Nays (0) . Butler moved, Paurus seconded, that the Board BOARD OF REVI�La* of Review meeting will be held May 29, 1979 at May 29, 1979 7: 3o P.r�. r�otion, Ayes (4) - Nays (o) . Dick Benson, City Adr.tinistrator, informed the ADMINISTRATIOid BUILDING City Council that during the winter of 1978 and REPAIR* 1979, because of ice build-up on the administration Special Appropriation office building, a leak in the roof created �vater damage to the ceilings and walls. We have received an estir.late for repairs to the roof in the amount of $740. 00. ��Te have estimated the cost for repairs to the ceilings and walls at $500. 00. � Because these iterls were not budgeted, these Monies will have to be paid from the General Fund Contingency. Butler moved, Paurus seconded, to approve the amount of $1,240 for the repair of the roof, ceilings and walls at the Administration Building. 14otion, Ayes (4) - r7ays (0) . REGliI�R PZEETING OF THE OBOrdO COUNCIL, T�iAY 22 , 1979 Page 13 Dick Benson, City Adriinistrator, informed the i9ELL REPAIR* City Council that in P7arch of 1979 , Bergerson- Special Appropriation� Caswell, Inc. , Maple Plain, pulled and inspected . municipal Well #�l at the Navarre [aater Plant. An .estir:late for repairs was presented and approval for repairs was given. The total inspection and repair costs arnount of $15, 710. 14. In preparation of the 1979 budc�et, $6 , 000 was allocated for the inspection leaving a balance of $9 , 710 that will have to be a s�ecial aPnropriation. That amount can be borrowed from the Sewer Operating Fund and paid back over a five-year period with an interest rate of 6g . The average yearly payrlent, interest included, will be $2 , 300. �9e also anticipate accumulating monies for the next scheduled inspection (in 1984) at a rate of approximately $2 , 300 a year in the water o�erating budget. In this way, we can avoid having to borrow again for this cost. Butler moved, Paurus seconded, to approve the additional amount of $9, 710 for the repair to municipal �Vell #1 at the Navarre �•�ater Plant. 2-4otion, Ayes (4) - Nays (0) . Butler �moved, Paurus seconded, that the Joint JOINT POLICE COP��ITTEE* Police Committee meeting will be held June 6 , P�EETI?7G* 1979 at 7: 30 P.r�i. at the Long Lake City Office. Motion, Ayes (4) - Nays (0) . Butler r,loved, Paurus seconded, to table the CASCO POINT ROAD Casco Point Road speed limit item until the SPEED LI*4IT PROBLEM next neeting. Motion, Ayes (4) - P7ays (0) . Dick Benson, City Administrator, informed the POLICE DEPARTNiENT City Council that due to the retirement of VACANCY* Officer Dressel, the urgency of replacing him for t?�e sur.u�er season, and the Possibility of � not serving Long Lake next year, we are looking for a person to fill Mr. Dressel ' s position with the possibility of a lay-off next ��ear. �9hen we advertised for the position filled bv P:arc Fritzler, we had 23 applicants. Out of the 23, we have five available, two with experience, one is certified, one is eligible after testing. (Continued) REGULAR ?1EETIPIG OF TFiE ORONO COUNCIL, ilAY 22, 1979 Page 14 I ar.� recoi*uaending r�e not readvertise but �roceed POLICE DEPARTI'LENT* with psycological, Physical.; and oral testinc� with (Continued) the two applicants ���ith experience. V1e will start our testing now, with a thorough background check. The end result being we should have a suitable replacer.�ent by June 4, 1979. Butler noved, Paurus seconded, to accept the above :report concerninc� the Police Department vacancy. r2otion, Ayes (4) - iJays (0) . Butler moved, Paurus seconded, to approve the SALARY Ir1C_TtEASE* salary increase for John IIrinkhaus, Street Fore- John Brinkhaus r�an, to $17, 500 per year, effective P4ay 15, 1979 . I•4otion, Ayes (4) - P1ays (0) . Butler rioved, Paurus seconded, to a�nrove the SAT�ARY INCREASE* salary increase for Sandi �aoyctke, nart-tirte Sandi ��7oyctke secretary for the Police and Public ti9orks Depart- nents, to $3. 65 per hour, ef�ective June 11, 1979 . t4otion, Ayes (4) - Nays (0) . Butler r;►oved, Paurus seconded, to acce�t the REVENUE & E�PENDITURE Revenue & Exnenditure Report for the first REPORT* guarter of 1979. ?�'iotion, Ayes (4) - N�ys (0) . First �uarter - .1979 Butler r:loved, Paurus seconded, to accept the SU2L4P,RY OF �CEIPTS, Stu:�mary of ReceiPts, Disbursements , and Balances DISBURSE_MEN`T_'S & BALATICES for the r.month of P4ar�h, 1979. P�otion, Ayes (4) - Piarch 1979 � P1ays (0) . Dick Benson, City Administrator, presented the 1978 AUDIT REPORT* City Council with a r.►erlo fror.i Tom Kuehn, I'inance - Director, concerning the 1978 Audit, dated 24ay 15, 1979, which states: The C.P.A. firm of Hansen and Bahcock has finished the audit of the books and records of the City of Orono for the year ended December 3I, 1978. �he results are presented in the attached Audit Report. . There are several important changes rec�arding the report for 1978 . The single largest change is that the various funds are being �resented for the first time on an accrual or modifieci accrual basis, as a�Propriate. Please refer to page 45 of the Audit Report for an explariation of these terr.►s. (Continued) REGULAR P�IEETING OF TH� ORONO COUIdCIL, MAY 22 , 1979 � Page 15 ihe reference in the certification letter to the 1978 AUDIT REPORT* fixed assets records is a situation which staff (Continued) has been aware of and will correct as timely as possible. tlote 4 on page 46 is the total for unpaid vacation and sick leave liability. These figures reflect the theoretical situation of all City staff being on vacation or sick leave at the same time, and each er,lployee using up all his available vacation or sick leave. I have reviewed the report and recorimend the audit bill be approved as presented on the attached invoice. Council i�eeting - P�Iay 22 , 1979 Butler moved, Paurus s�conded, to accept the 1978 Audit Report and to approve the payrlent of $2 , 550 to Hansen and Babcock, Certified Public Accountants. P4otion, Ayes (4) - rlays (0) . The attached letter to Mr. Clifton French, Super- NO�REiJBERG GARDEPIS intendent of the Hennepin County Park Reserve District, concerning the Noerenberg Gardens, was mailed P4ay 16 , 1979 . Letter - Pages 16 & 17 Mayor Van Nest moved, Butler seconded, to direct Dick Benson, City Administrator, to write another letter to Mr. Clifton French concerning the Ploerenberg Gardens and also to appear before the Hennepin County Park Reserve District Board concerning the natter. t�sotion, Ayes (4) - 21ays (0) . Butler moved, Paurus seconded, to accept the RESIGrdATION* resignation of Howard Stark, Light Equipment Fioward Stark Operator, effective Piay 25, 1979 , with paynlent of $145. 00 severance pay. P2otion, Ayes (4) - Nays (0) . . Butler moved, Paurus seconded, to approve the LICENSES* following licenses: t�otion, Ayes (4) - Pdays (0) . Kennel License Duane Anderson - 4220 Chippewa Lane � Don Voss Plur.ibing - Plumber & Se�ver Hookup Frank Blackowiak - Garbage & Refuse Collectors Dependable Services - Garbage & Refuse Collectors - Paqe 16 Te)ephone 973-7357 � � . . :�'�,. � ��r�`�' of ���1�T� - Yost Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices �.��'�� - _ . _ .�o�:� " On the 1Vorth Shore of Lake Minnetonka �_���►��J� � ��__..�.�::,r� f � i�4ay 16 , 1979 Hennepin County Park Reserve District Mr. Clifton French, Superintendent P.O. Box 296 ?�Iaple Plain, Minnesota 55359 Subject: P7oerenberg Gardens Dear Mr. French: On Septernber 5, 1978, the Citv o� Orono submitted a letter to you outlining our concerns regarding the future development plans of the Noerenberg Gardens and to establish a procedure whereby the City, the Park Reserve District, the Metropolitan Council, and the Noerenberg Citizen Advisory Committee could - participate in a cooperative effort that would result in a satisfactory developr.ient plan for all parties involved. io this date, we have not received a reply to this letter. On April 26 , 1979 , the City of Orono submitted a letter to Mr. Charles ��aeaver, Chairman of the Metropolitan Council, out- lining our concerns with the developnent of this park and the use of Metropolitan Council' s grant of $266, 400 to initiate � the development. Mr. Weaver responded to us commenting that he was reviewing the matter and .�vould communicate to us regarding the Noerenberg Gardens grant as soon as possible. A copy of my , letter to rir. ��eaver was forwarded to you and our discussion that followed was that you would discuss the entire matter with me after your Board meeting. We are looking forward to working with the Park Reserve District on this project and we would appreciate a response to our concerns - as soon as is convenient to allow us to respond to the Orono _ Page 17 P4r. Cliftor� French May 16, 1979 � Page 2 . Citizens Advisory group that have expressed their concerns with the development of the Noerenberg Park �ardens. � ' Thank you for your cooperation on this matter. Yours truly, �� /'� >. i taalte � nson � City dministrator � cc: Mr. Charles ti�eaver Mr. Dirk DeVries Senator Pillsburv Mr. Alan Raymond� ; � � 't ? ; . , . y , , - � ; " i ! � � ? i ` I i - , . , - f 1 ; � � : � � ) • -. f ' REGULAR MEETING OF TIiE OROIdO COUi1CIL, P'iAY 22, 1979 Page 18 Butler moved, Paurus seconded, that the Al1 BILLS* Funds Accounts 7674 through 7717, 10730 throunh 10732 , 3723 through 3814, 11634, 11650 through 11655 and Liquor Store Accounts 13077 through 13101, be paid. P4otion, Ayes (4) - P7ays (0) . Executive Session - 11: 00 P.PS, to discuss matters EXECUTIVE SESSIOrd � of litigation. i � Paurus moved, P4ayor Van Nest seconded, to direct the City Attorney to negotiate purchase of Joseph Schmitt property of 38 acres to accomrnodate place- ment of excess fill caused by the proPosed construction of the ring route. Motion, Ayes (4) - rdays (0) . Butler rtoved, Paurus seconded, that the meeting ADJOURNi�'iENT be adjourned at 11: 12 P.M. Motion, Ayes (4) - I1ays (0) . . Ci,//f.�.N William B. Van P1es , '�ayor _ -7 Attest: L•c'_.-/�i�i� - Walter R Benson, Cler -Administrator � .