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HomeMy WebLinkAbout03-24-1980 Council Minutes CITY OF ORONO Regular Meeting of the Orono Council, 7 : 00 P.M. ' March 24 , 1980 The Orono Council met on the above date with the following members present: Mayor Van Nest, Councilmembers Butler and Massengale, Absent: Councilmembers _Hurr and Paurus. Also present: City Administrator Benson, City Planner Olson, City Engineer Cook , City Attorney Malkerson, Chief of Police Kilbo, and City Clerk Strom. Mr. Roger Jolicoeur from the American Automobile AAA AWARD Association was present to award the AA.A Pedestrian Safety Plaque to Mayor Van Nest, who in turn presented the plaque to Chief of Police Kilbo and congratulated him for Orono' s safety record. Mayor Van Nest reopened the Public Hearing for the PUBLIC HEARING proposed sewer project for the Minnetonka Bluffs, Minnetonka Bluffs , Oronc West Ferndale Road, Orono Lane, and County Road #15 Lane , etc. Sewers areas at 7:10 P.M. Mayor Van Nest asked City Engineer Cook if the marina area could be hooked up directly to the interceptor which would lower the cost for that area. City Engineer Cook stated that he did not know if the Metropolitan Waste Control Commission would allow direct hookups. Possibly a small grinder pump would not be a problem and might be a way to handle it. Mayor Van Nest stated that one of the strong points to justify the interceptor being placed in that area was the lower cost for local _connections. He requested Mr. Cook to determine if the MWCC is going to deny us the advantages of the location of that interceptor and find out how federal funds are being administered. Mayor Van Nest informed the residents in the sewer area that a questionnaire would be mailed out to them as soon as possible which contains a map of the entire sewer area and individual plat maps showing the location of the sewer lines and approximate costs for each residence, and requested the citizens to check the proper box if they desire sewers or not. Councilmember Massengale requested that the estimate of the costs should be clarified as of todays date to prevent any misunderstanding of the meaning of the total costs, due to costs changing every day. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, MARCH 24 , 1980 Page 2 James Rivers was present and reviewed his letter PUBLIC HEARING - concerning the costs for his marina, Windward (Continued) Marine, to install municipal sewers. Mayor Van Nest stated that Mr. Rivers would not have to hookup if he felt in his own mind that he could make his present septic system work. Mayor Van Nest reiterated his previous statement that the City Council is not forcing residents to install municipal sewers but that the need is there and it is up to them to decide if they would like . municipal sewers or upgrade their present septic systems according to the municipal code. The decision is up to the residents. The following residents were present: H. M. Skarp, 1045 W. Ferndale; D. M. Skarp, 3801 Bryant Ave. S . Minneapolis; Jim Rivers , 1442 Shoreline Dr. ; Diane Gotten, 1385 Fox St. ; Mary Rivers , 1442 Shoreline Dr. ; Craig AZoen, 1387 Orono Lane; Darold Dockendorf, 540 Orono Orchard Rd. ; Bruce Clark, (future) 540 Barrett. After all presons present had an opportunity to be heard, Mayor Van Nest closed the public hearing at 7: 38 P.M. Butler moved, Massengale seconded, to approve the CONSENT AGENDA* , Consent Agenda* with all staff data and supportive information to be included in the Minutes in the sequence they occur. Motion, Ayes (3) - Nays (0) . No comments from the Park Commission. PARK COMMISSION No comments from the Lake Minnetonka Conservation LMCD REPORT District Representative. No comments from the Planning Commission. PLANNING COMMISSION Butler moved, Massengale seconded, that a joint COMPREHENSIVE PLAN* meeting with the Planning Commission and Park Commission concerning the Comprehensive Plan will be held April 8 , 1980 at 7: 30 P.M. Motion, Ayes (3) - Nays (0) . No comments from the public present. PUBLIC COMMENTS Jeanne Mabusth, Zoning Administrator, informed the SUBDIVISION* City Council that the attorney for Anne Niforopulos 250 Old Crystal Bay Ro� has requested an updated resolution approving the #472 subject metes and bounds subdivision originally Anne Niforopulos approved by Council on June 17. , 1979 -Resolution #1040 . They had misplaced their original resolution and an additional fee of $50 has been collected. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, M.ARCH 24 , 1980 Paqe 3 Council Meeting - March 24 , 1980 RESOLUTION #1124* - 250 Old Crystal Bay Road Bulter moved, Massengale seconded, to adopt Anne Niforopulos Resolution #1124 , A Resolution Reaffirminq Approval Of A Metes And Bounds Subdivision For Anne Niforopulos. Motion, Ayes (3) - Nays (0) . Jeanne Mabusth, Zoning Administrator, prepared VARIANCE* a memo presented to the City Council concernin� , . 1998 Shadywood Road a variance far Steven B. Tibbetts , 1998 Shadywood #540 Road, dated March 20 , 1980 , which states: Steven Tibbetts Report on Drainage Problem - Staff inet with the County maintenance representative for the area at the site. He advised that when Spring Park hooked up to the water lines on the east side of Shadywood Road late fall of 1979 , they destroyed the drainage structure within the subject ditch area. Spring Park' s contractor will return in the next few weeks to repair the entire area - drainage ditch, seeding of disturbed area, complete cleanout of culvert. Staff requested in addition the contractor replace gravel in access drive. The drainage system between the houses appears to be the remnant of a previous property owner' s attempt to remove the standing water that would collect in the low area between the houses. A manhole with a grate located at ground level would take the water underground to a network of tiling directing the water to the lake. The tiles are now broken allowing the water to disperse under- ground. Resolution- - Approving the variance request - Staff recommends approval of the variance application for lot width, lot area and hardcover per the enclosed resolution. Mr. Tibbetts has read and signed the original copy. Council Meeting - March 24 , 1980 Butler moved, Massengale seconded, to adopt RESOLUTION #1125 Resolution #1125 , A Resolution Approving Lot Area, 1998 Shadywood Road Lot Width And �ardcover Variance For Steven #540 Tibbetts. Motion, Ayes (3) - Nays (0) . Steven Tibbetts REGULAR MEETING OF THE ORONO COUNCIL, MARCH 24 , 1980 Page 4 Alan Olson, City Planner, entered into the record 1980 COMMERCIAL DOCK - the following concerning the 1980 commercial dock LICENSE* license for the Minnetonka Boat Works, dated Minnetonka Boat Works March 17 , 1980, which states: The application for 66 slips (41 on Browns Bay and 25 on Tanager Lake) are docks in exact con- figuration as in past years, all in conformance with Lake Minnetonka Conservation District requirements. I recommend approval of the 1980 license as per � the attached resolution. Council Meeting - March 24 , 1980 Butler moved, Massengale seconded, to adopt RESOLUTION #1126* Resolution #1126 , A Resolution Directing Staff Minnetonka Boat Works To Issue A Commercial Dock License To Minnetonka 1980 Dock License Boat Works , Inc. Subject To Conditions Noted Herein For The Period Of January l, 1980 To December 31, 1980. Motion, Ayes (3) - Nays (0) . Alan Olson, City Planner, entered into the record 1980 COMMERCIAL DOCK* the following concerning the 1980 license LICENSE application for the North Shore Drive Marina, North Shore Drive Marina dated March 17, 1980 , which states: On February 19 , 1980 , Orono received the 1980 application which included a dock plan drawn exactly like the sketch submitted in 1978 and again in February, 1979. This plan was shown to be in error by the survey finally provided in August, 1979. On February 19 , 1980, we sent the attached letter requesting a revised plan. We have received no reply. On March 14 , 1980 , we received a copy of the Lake Minnetonka Conservation District notice to Mr. Hork that his 1980 application (same sketch as provided to Orono) had been denied upon violation of the 200 ft. dock length. The 1980 application is the same as 1979 except as follows: - Repair slips reduced from 9 to 3 - Total wet slips reduced from 93 to 82 (because applicant showed but did not number the slips in the lagoon) . - Dry stack slips reduced from 48 to 20 (with no accounting for remaining 28 stacking spaces) . I have attached the last two pages of Resolution #1096 , which denied the 1979 license. Note that items 1, 2 , 3, 5 , 6 , 7 & 9 still have not been addressed or corrected by the applicant. REGULAR MEETING OF THE ORONO COUNCIL, MARCH 24 , 1980 � Page 5 Alan Olson, City Planner, entered into the record *1980 DOCK LICENSE REPOR' - the following status report concerning the 1980 commercial dock licenses, dated March 18 , 1980 , which states: Marina Committee Meeting - Scheduled for 4 : 00 P.M. on April 9 , 1980. Members: JoEllen Hurr, Gabriel Jabbour, and Tom Frahm Joint Use Foxhill Homeowners Association - The City approved � a permanent dock layout last year. This year they are applying for a revised dock plan because low water will not allow access to slips per their 1979 layout. The proposed plan includes encroachment in front of Dr. Zinn' s adjacent lot, therefore , staff has required application for a setback varinace. A new plan will be referred to the Marina Committee for recommendation. Commercial Docks Paul' s Landing - Now,Sailors World - A new operator has applied for licensing of this operation. Forty- five fishing boats, plus 70 sail boats at slips and buoys. This will be referred to the Marina Committee. Stubbs Bay Marina - Per rezoning agreement, McCleary has applied for a 1980 license for 55 slips. The application did not include a dock plan which staff has requested. North Star Marina - Applied for 98 slips but included no dock plan. Staff requested same as of January 18, 1980. To date, we have had no response. Gayles R4arina - No application returned to date despite mailing of forms plus two reminders. North Shore Union 76 - No application sent hecause business closed as of £all, 1979 . tiVindward Marine - Rezoning application underwa_y with public hearing held by Planning Commission on March 17 , 1980. Planning Commission tabled rezoning pending receipt of license application which was delivered to City on March 18, 1980. The 1980 application is for 40 slips on Tanager Lake plus 79 on Browns Bay (down from 90 per 1979 application) . The Browns Bay dock layout is designed around utilization of dock use area acquired with the proposed rezoninq. License will be referred to Plannin� Commission and Marina Committee. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, MARCH 24 , 1980 Page 6 Council Meeting - 'March 24 , 1980 DOCK LICENSE REPORT* - (Continued) Butler moved, Massengale seconded, to approve the Commercial Dock License status report for 1980 . Motion, Ayes (3) - Nays (0) . Butler moved, Massengale seconded, to approve the MARINA COMMITTEE MEETING date of April 9 , 1980 at 4 : 00 P .M. for the Marina DATE* Committee. Motion, Ayes (3) - Nays (0) . Mr. Herbert Klossner, Hennepin County Engineer, ARCOLA BRIDGE and Commissioner Robb, Hennepin County Board of Commissioners , were present to discuss the reconstruction of the Arcola Bridge. Mr. Klossner stated that there has been misunder- standings concerning the size of the bridge. That the bridge will be only two feet wider with the sidewalks being three feet on one side and four feet for the other side. Mayor Van Nest commented that the project had been available for federal funds but that these funds are no longer available for this construction season. Mr. Klossner stated that that was correct, that they had expected to get some federal bridge re- habilitation and reconstruction funds for the Arcola Bridge but that they had run out of money. Mayor Van Nest stated that Orono' s main concerns are having the bridge completed in one construction year and suggested that the reconstruction be done in 1981 when work could be started earlier in the spring for completion in the one construction season. Mayor Van Nest also stated that Orono would rather the County used the funds for upgrading the roads and postpone the bridge work another year. We also would like to be reassured that the bridge will no� have an overall width greater than it is due to the fact that the road is a two-lane road and that it is unnecessary for the bridge to be any wider. Mayor Van Nest read the proposed resolution. Massengale moved, Butle� seconded, to adopt RESOLUTION #1127 Resolution #1127 , A Resolution Approving The Arcola Bridge Reconstruction Of The Arcola Bridge. Motion, Ayes (3) - Nays (0) . (Continued) REGULAR MEETING OF THE ORONO COUNCIL, MARCH 24 , 1980 Page 7 Commissioner Robb stated that the Hennepin County ARCOLA BRIDGE • Board of Commissioners has also been working with (Continued) contiguous cities and the Hennepin County Highway Department concerning the proposed plans for the Arcola Bridge and Highway #15. Commissioner Robb informed the City Council that _ he would like a copy of the resolution just passed by the Council concerning the reconstruction of the Arcola Bridge to present to his Board of Commissioners the following day because the plans and specifications for the Arcola Bridge would be on their agenda. � Mr. Glenn Cook, City Engineer, informed the Citv COUNTY ROAD #15 Council that plans for improvements along County Turn Lanes Road 15 between Orono Orchard Road and Woodhill Road were received from Hennepin County. The improvement consists of a bypass lane to allow east bound traffic to make left turn movements without appreciably affecting flow to tra�fic, and that the County anticipates to proceed with the improvement during the 1980 construction season. The City Council requested the City Engineer to MUSA LINE - LEGAL draft a resolution approving the map showing DESCRIPTIONS Orono' s MUSA line and the MUSA legal descriptions for the next Council meeting. Mr. Glenn Cook, City Engineer, informed the City UTILITY RATE STUDY Council that the utility rate study will be presented at the next Council meeting. Butler moved, Massengale seconded, to approve the M�PCA LETTLR letter to the Metropolitan Pollution Control March 11, 1980 Agency from Mayor Van Nest dated March 11, 1980. Motion, Ayes (3) - Nays (0) . Letter - Page 8 Letter - Metropolitan Waste Control, Paul Dietz from Glenn Cook, City Engineer, dated January 7 , 1980. Letter - Page 9 Letter to Metropolitan Waste Control, from Glenn Cook, City Engineer, dated September 27 , 1979. Letter - Page 10 :'{'` , • ' . Tc)��phone�4i37357 " , , . . - Page 8 � �`� ' ;(�l � CITY of O��OI�TO -; ,� Post Office Box 66•Crystal•Bay;.Minnesota 55323•M�nicipal Offices � - - _ ;:J�.13�.' •-� _ `�'� On the Norlh Shore of Lake.Minnetonka - ��• _ _--��'�� � - ��°,��2►�� ,_ ,. - � March 11, 1980 r .-_. . Metropolitan Pollution Control Aoency - 350 �1etro Square B�i l d i ng - 7th R Robert Street = - ---- St. Paul , MP! 55101 .�: s - �.��ti Gentl emen: -- = I am attaching copies .of two letters from our City Engineers= to - to the Metropoli�tan Waste_-�ontrol Comnission demonstrating -our continued � :< �+� -- efforts to inform _the Metropolitan Cauncil and tt�e Waste=Control -Corrmission< � • � -- - -- - - that their faow projec�tions .based :on erroneous�:�opula•tion�=forecasts��or-the »j -•�•�--:�-> �r-_ City are in error and -should= be �correc�ed._- = -. -;;;. =�;- As you can see by our letter-of�January �-7, 1980 -we continue:to recei�e-• -- � - - � `�=j -��,- no response from the I�laste .Control- Corranission-on �this= ma#ter. = � =-;t_:-. ,. � � �- - As we have �prev�ious�y=�iscussed�wath�:you,`=�he=0rano�ono Lake-=lnter=�=- - - - --- - - ceptor-provides suff�ic�ent'�esign�capaci�y=,�'to -satis�y:�the-sewer-requirements` -` � � .,�-:-:� - --- -from the City -af-0rono="for-jts`�population�=projections��t=a�level=of�saturated =_ . } _= - - " development.-� There shou�d�:be�no=additiona7= sewer=_capaci:ty= p�an :far the - $� � = � - City o�' Orono- other���tf�an=�.�tfiat?presentl�-=avai.lable -in=the=0rano-l�ong Lake - _, -�� _ Interce�tor.� _ . .. _ . :�t ;:, -- s�? a '- - ' If we can provide=an,�-addi�aona7=_�information�;pertain��g 3to:these�future� _v"_� _ ; �- _ -- -=- population-projectians by =the City p�ease=.fee7 : fr_ee-�u,_�contact_-us�at_�your,�, _• �' � earlaest �onvenience. _-- .r --; r _;_ - = -- Thank -�ou .for your•cooperation�-in -this�matter, ;� ' �-:. - :__ :.,_--�_� ,. _ _ . � .__ _ Yours :truly, .:".:�_ � _ - - - �- _-�-. _ --;;-:=- x _ - t = : =:-: ; . : . Brad 11an Nest =r- - - -_ _ ,_- . __ . , - - - y� .�: . _ . -_ : - _ _ _ Mayor - _ _ -_ ,_ . - ._ ,,_�_._ _ _ ._ , .. - . ._ : � .�: : _ _ .,..._ . _,_� - . . . __ . _ : _ _ "� BVN/7g . , -. _ � cc: � ck�'Benson --� _� - - -- - , ;.,_ _Bruce�Maa kersan - t._. :.. _` • _ ,, : _ . � - � _= _ :. ;_ �_- - -- �.t -- = _ .-___ _ __ . , : -- - > - - - rj '�_: " " . ''��`_f x., T.���_.,- ' ��i-�,- - . .- - . - .. _ .. - . . �s t�_=- � � . - . ._ .� . �.. _ .. , Page 9 ` �/� � "�" �,, � ���� GY T�f d�'L��GSG-I-�S �IiC. cr,.,, x. coa►.r.r. !����5-�S.1/lcwr • A.�,� .�. co.eo,. r.r. ��/ �y���-`"' - / O�m L. tunriuoo. l.£. 7An...0 L. N..rn. /.C. ' �- , ,I ��,, ,�`�,� � p Rob.n ►�':Ro�r�r.��l. RkA.,I H'. fo.ur. I.[ �"�"�"'� �"T "_ Jaxfti C. A�drrllk. l.E. Rob.•� G. Srx�+i.A�, l.C. � B.ndln./A. L.�+D`rj. l.L. N•.��Iw L. So..+L. Il. ?335 �. 7•--1 �-�'-"s '�6 Rob..r A.Fr�sw.d.l.£. Do�.ld C. D��fe.d�.l.L. r+���.o.i r. T..m... r.r. �,..��. a.,,,.eo. .Sl n..—�. /� "�' �511`� Jnmri C.Oboe. l.£. N�.k .(. Honiow /�cY, bf2-636-4a00 s,...� x. o��r�.y (� r1 Krrin A. F�'oll�.l.L. D � � �[ ��+' � Chorirl A. E.i(luow iv ,►�� D L.a ,��. T.�,,,k. l'1 Nar)nn M. Olinn pa��/d E. Obnw � JAN 8 � January 7, 2980 CITY OF ORONO Metropolitan k'aste Control Commission 350 Metro Square Bldg. %th & Robert Street St. Paul, Mn. 55101 Attn: Mr. Paul Dietz Re: File No. 139 Sanitary Sewer 201 Southwest Facility Planning Study Gentlemen: \ The City of Orono would like to hear from your office relative to ouz September 27, 1979 letter. If there is a problem in making the changes requested o�r supplying Lhe flow information, please contact this office or Richard Benson at the City of Orono. Yours very truly, _ BONESTROO, ROSEt�E, ANDERLZK b� ASSOCIATES, INC. �L'--...wL � �-�"�'L� Clenn R_ Cook GRC:li cc: Richard Benso � Page 10 S�pt�mbez 27, 1�79 , I�trupolitdn l�Hbte C�ntrol Commis�lon 350 Metro Square Bldg. 7[h b itoLert Street �t. Pn�:l� ;�in. 55101 . . �ttn: Mr. l'aul llietz Re: File �Jo. 139 �ani[ary Sever 2U1 Southkee[ Fecility Planning S[udy Gen[lemen: i k'e hrve reviewed the 201 planning atudy for the •outhveat di�ttict aa it affeet� th� Cit� of Orono. The major concern to [he City of Orono i■ Table 1 of the Techaic�l ?Sesnorandun which indice[es pro�ected flovs. Tha citr's compre6ensive guide plan prepared in 1974 has bean praviously •ubmi[[ed to th• hetropolitaa Council. Thia plan indicatea the ul[imat� populetion ot th• Citq to ba 16�000. The Cit� bas �ince thit timt determined th�t t�e'.ult�mpte-.�populat3on_::� � '.: � vill be closer to 12.000 than th� I6,000 indicated in the guide plan. The dQ- volop�cnt attitude of the City it to �aaintain the exittin= rural atmoaphara u[illzing 2 to S acra rneidential lots ia [h� rural service ares. The onl� portion of thQ City vhich vill be urbanised in nature •nd aerved wit}� 'eanitary aever is the area near Lake Hinnetonka and a fev ot6er tmell tree� developad prioz to the comprehensiv� gulde plaa. Teble 1 io the 201 s[udy lndicatea • 2020 severed popula[lon of 20,000 vhich i• great�r than the projected ultimete popula[ion of th• Cit�. Tha City antici- pates [hat the aevered popul�ttion vill reach a rnaximum ot 6,000. T�ble 1 ahould b• z�vi��d to •ceur�tel� rallact the true development potantial aad deeires of the City of Orono. The hlgh peak hour inflov rate ia of concern to the City also and ve vould liti• a su�ary of thia information for 1977 and 1978 if it is availeble. Pl�ase review the pzoposed severed population relative to the City of Orono'a Compreheneive Guide Plan. If you hav• any questions. pleaae contact Richezd Beneon at the City of Orono or thie office. Youre vcry truly. 250NESTROQ, kOSENE, AND�I.LI�: b I.SSOCIATES, INC. �let�n F.. Cook �=�tC. 1 i ec: F.i.cl:.rrd Benson REGULAR MEETING OF THE ORONO COUNCIL, MARCH 24 , 1980 Page 11 The following letter was received from Marcy WEST HENNEPIN HUMAN - Shapiro, West Hennepin Human Services Planning SERVICES PLANNING BOARD* Board, dated March 7, 1980: "I am writing regarding several different matters . _ First, I have enclosed an invoice for your 1980 contribution. We appreciate your continued support of West Hennepin Services and there is again no increase as we have maintained the same level of contributions by municipalities. Second, enclosed is a change recommended by our Board to the West Hennepin Human Services Joint Powers Agreement. We are asking your city council to approve this change. We are participating with the United Way, Hennepin County, and the City of Minneapolis in a group that is looking at the overall human service system and attempting to coordinate efforts. We are trying to find out who funds which services and would appreciate your completing the enclosed questionnaire. I will forward the compiled information to you when it is completed. We appreciate your attention to these matters. Please call me if you have any questions or need more information. Thank you. " End of letter Attachment from WHHSPB - Request for Joint Powers Change Board members who are municipal appointees do not have any requirements for attendance because we do not have any method for removing them from the Board. Currently provider members may be removed for non-attendance at three consecutive monthly meetings. In order for us to have a quorum (which is 500 of the Board plus one) to do business , we need to have attendance by municipal appointees. We are therefore asking for your approval of the following policy: Policy for Removal of WHHS Members - After second consecutive missed meeting, WHHS will call the member (unless previous arrangements are made) , and this call will be followed by a letter stating that their position on the Board may be in jeopardy if they miss the next meeting. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, MARCH 24 , 1980 12 Member municipali'ty will be immediately informed WHHSPB . by the WHHS Board if their representative is removed (Continued) for non-attendance. We are also asking for your approval of the deletion of the word "complete" in the following section of the Joint Powers Agreement of West Hennepin Human Services Planning Board: Article IV, Section 5 "Any Council, however, shall have ee���ete authority � to appoint and to remove at any time any director approved by such Council. " Council Meeting - March 24 , 1980 Butle moved, Massengale seconded, to approve the above request for the West Hennepin Human Services Planning Board, dated March 7, 1980. Motion, Ayes (3) - Nays (0) . Butler moved, Massengale seconded, to approve PUBLIC INFORMATION* the public information meeting date of March 26 , North Shore Drive 1980 at 7: 00 P.M, for the North Shore Drive Sewers proposed sewers. Motion, Ayes (3) - P1ays (0) . John Gerhardson, Public Works Coordinator, EASEMENT COSTS* prepared the following memo concerning easement Ring Route & Luce Line costs for the ring route, dated March 7, 1980 , which states: In December 1979 , the City of Orono received from the Minnesota Department of Natural Resources a legal description and the costs for the permanent and temporary easement taken by the City of Orono for crossing the Luce Line Trail for the Ring Route Road. Glenn Cook, City Engineer, Bruce Malkerson, City Attorney, and I, felt there was a discrepancy in the legal description. The questions that were raised have been clarified and are explained in the attached letter from Bruce Malkerson, City Attorney. Therefore, it is my recommendation to approve payment to the Department of Natural Resources in the amount of $585 for the permanent and temporary easement taken by the City of Orono to cross the Luce Line Nature Trail at the Ring Route Road. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, MARCH 24 , 1980 Page 13 Council Meeting - March 24, 1980 EASEMENT COSTS* - (Continued) Butler moved, Massengale seconded, to approve the payment of $585 to the Department of Natural Resources for the permanent and temporary easement to cross the Luce Line Trail at the Ring Route Road. Motion, Ayes (3) - Nays (0) . Dick Benson, City Administrator, presented the CABLE TV MEETING* City Council with the following information March 13 , 1980 concerning the Cable TV meeting of March 13 , 1980 , � which states: Our Cable TV meeting was productive and interesting. Vicky Long explained the basic workings of initially reviewing merits of Cable TV. Some point of interest are: l. There are 54 Cable TV companies in the country 2. 212 cities now have Cable TV 3. It can be installed underground or over-head 4. If Cable TV is available, everyone has a choice if they wish to subscribe or not 5. City Council, by ordinance, regulates rates 6. City can derive funds from franchise 7. Franchise is non-exclusive 8. City takes responsibility for complaints 9. Dense areas, or an average of at least 40 homes per mile, are required to make it feasible. 10. City will recoup costs incurred leading to actual finalizing of Cable TV company franchise 11. Filing fees are applied when companies are bidding which will help defray City costs 12.. Months, and sometimes years, are spent by committees to determine needs, assessments, hold public hearings, send out invitations to bidders, etc. before Cable TV is actually available. Vicky Long will be sending us other pertinent information that will assist us in ansewering questions we might have. I recommend we set our next Cable TV meeting for April 17, 1980 at 7: 30 P.M. Council Meeting - March 24, 1980 Butler moved, Massengale seconded, to approve the above minutes of the March 13 , I980 Cable TV meeting. Motion, Ayes (3) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, MARCH 24 , 1980 Page 14 The following letter was received from Mayor Diane MAYOR GALLAGHER LETTER* • Gallagher, Long Lake, dated March 11, 1980 , which March 11, 1980 �tates : Sewer & Water "I received your letter regarding our water and sewer agreements. You will be happy to know that work has already begun on our end. Councilman John Metz has met with City Engineer Lyle Swanson to work on incorporating the present sewer problems into the Medina/Orono/Long Lake sewer contract. As to the water problems, Lyle Swanson has indicated � a water tower feasibility study will be presented to the City Council on April l. I will contact you after that date to set up preliminary negoitations on a new water contract. Also, Councilmen Art Kunze and John Metz will be making a water rate study to determine what exactly Long Lake ' s rate should be. I will, of course, keep you up to date an the progress of this study. Please be assured that Long Lake will continue to work toward a fair and negotiable settlement on all matters presently under discussion. " End of Letter �ouncil Meeting - March 24 , 1980 Butler move, Massengale seconded, to approve the above letter from Mayor Diane Gallagher, Long Lake, concerning the Orono/Long Lake sewer and water agreements. Motion, Ayes (3) - Nays (0) . The following memo was prepared by Tom Ruehn, 1979 POLICE DEPARTMENT Finance Director, concerning the 1979 Police OPERATIONS* Department Operations, dated March 18 , 1980 , which states: In September, 1978, Council approved a 1979 police operating budget of $328, 069 ($313 , 919 base budget plus $15, 150 for salary increases) . That budget was for services to be rendered to Orono, Lang Lake, Minnetonka Beach and Maple Plain. However, Maple Plain declined to participate for 1979. Budget cuts of $54,561 were approved in February, 1979 to reflect the reduced number of participants in the contract. The attached statements show the results of Police operations for 1979 and the effect on the costs to each community. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, MARCH 24 , 1980 Page 15 Council P4eeting - March 24 , 1980 1979 POLICE DEPARTMENT ' OPERATIONS* Butler moved, Massengale seconded, to approve the (Continued) 1979 Police Department Operations memo dated March 18, 1980. Motion, Ayes (3) - Nays (0) . Butler moved, Massengale seconded, to approve the LIQUOR STORE REPORT* Liquor Store Operations Fourth Quarter, 1979 Fourth Quarter 1979 report prepared by Tom Kuehn, Finance Director, dated March 11, 1980. Motion, Ayes (3) - Nays (0) . The following memo was prepared by John Gerhardson, ORONO ORCHARD BRIDGE* Public Works Coordinator, concerning a pre-construction meeting for the Orono Orchard Bridge, dated March 20 , 1980 , which states: On March 12 , 1980, a preconstruction meeting was held in the Orono Council Chambers with the following persons present: John Gerhardson, Public Works Coordinator Glenn R. Cook, City Engineer Del Barber, Regional Trails Coordinator, DNR Tim Peterson, Regional Engineer, DNR Dick Schmidt, Maintenance , DNR Louis LaMere, Astleford Contractors Mr. LaMere stated that he would like to start construction of the niling and the pads about the first of June and that the pilings and pads should be complete in less than a week. He also stated that it should only take approximately four hours to set the bridge. However, he did not know when that would be until he checks with the bridge manufacturer. Mr. LaMere was then notified that he would be responsible for the following: 1. Coordinate his work with Johnson Bros. Construction Co. so as not to interfere with the restoration of Orono Orchard Road. 2. Do not disturb the west bank anymore than necessary, thereby preventing as much as possible any erosion. 3. Astleford Contractors will be responsible for traffic control, advance warning signs , and proper night lighting. 4 . Equipment must be off roadway at night. 5. Astleford Contractors will be responsible for traffic control when bridge is being set and must allow for emergency vehicles at all times. (Continued) REGULAR MEETING OF THE OR�NO COUNCIL, MARCH 24 , 1980 Page 16 The Depaztment of Natural Resources will be ORONO ORCHARD BRIDGE* - responsible for the following: (Continued) l. Notify the City of Orono two weeks prior construction starting. 2. Notify adjacent property owners of construction. Council Meeting - March 24, 1980 Butler moved, 2vlassengale seconded, to approve the preceeding memo concerning the preconstruction � meeting regarding the Orono Orchard Bridge dated March 20 , 1980. Motion, Ayes (3) - Nays (0) . John Gerhardson, Public Works Coordinator, prepared *PARK DEPARTMENT PURCHASE a memo for the City Council concerning eguipment "Power Mowers" purchases for parks dated March 14 , 1980 , which states : It has been determined that the Park Department will have to replace the two rotary trimming mowers. Because of the type of use the mowers are exposed to, it is necessary that they be a well constructed, durable mower. We have inspected several mowers and found that the "power mow" , lawn mower is the type of mower that best suits our needs. The "power mow" is sold by Coffee Power Equipment Company in Minnetonka. The list price for the mower is $389 and cost to the City of Orono is $295 each. Therefore, it is my recom�endation to purchase two "power mow" mowers from Coffee ' s Power and Equipment Company for an amount not to exceed $590. This is a budget item for 1980. Council Meeting - March 24, 1980 Butler moved, P�assengale seconded, to approve the purchase of two "power mows" for the Park Department for an amount not to exceed $590. Motion, Ayes (3) - Nays (0) . Butler moved, Massengale seconded, to approve the CRYSTAL BAY POST OFFICE attached letter to the United States Post Office, LETTER Postmaster Gene H. Kreienbrink, dated March 18 , 1980, concering the Crystal Bay Post Office. Motion, Ayes (3) - Nays (0) . Letter Page - 17 • Telephone 473-7357 Page 17 . � _ �-�= -','' � T : : :���.:: ; GIT� o� oRoz� o ..� _ '�'--� ='� i Yost Office Box 66•Gystal Bay, Minnesota 55323•Municipa] Offices __i��` t � o . � On the Nortiz Shore of Lake Minnetonka - '��"' a ����'..: Q . �,� - -�-, - —; March 18, 1980 United States Post Office Gene H. Kreienbrink, Postmaster • Minneapolis, Minnesota 55410 Dear Mr. Kreienbrink: The City Council of the City of Orono has recently reviewed the Crystal Bay Post Office operation keeping in mind the discussion we had earlier with you and your staff concerning the consolidation of postal delivery service for the entire City of Orono allowing the Wayzata, Excelsior, Mound, Maple Plain, and Long Lake rural deliveries to be housed in one post office , which would create an Orono delivery address using one common zip code. It has been indicated by your most recent letter, that consolidation of these routes would be impossible and could not be cost justified, the conclusion � being that the present lock box customers should convert to a 3 rural delivery service. � It is the City' s contention that now is the time to intensify � our position that the City of Orono is long overdue in receiving { its mail through one post office using one zip code, which will } enable the City of Orono to receive its mail from one common ' carrier rather than the duplication that has resulted in using five different post office buildings at the present time. The cost effectiveness of consolidating the present rural routes appears to be in the public' s interest and could certainly be rationalized as a long-range planning goal. The City is willing to allocate additional time to pursue this goal and we will be available, at your convenience, to discuss this matter further. Sincerely, ,�'; i" ;.7. ` . % , � . _ . c� Walter R. Benson � City Administrator cc: Senator George S. Pillsbury . Representative Robert L. Searles REGULAR MEETING OF THE ORONO COUNCIL, MARCH 24 , 1980 Page 18 Butler moved, Massengale seconded, to adopt Resolution RESOLUTION #1128* • #1128 , A Resolution Approving The 1980 Fee Schedule. 1980 Fee Schedule Motion, Ayes (3) - Nays (0) . Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1129 Resolution #1129, A Resolution Nominating Leonard Leonard L. Kopp L. Kopp For The C. C. Ludwig Award. P�otion, C. C. Ludwig Award Ayes (3) - Nays (0) . The attached letter was received from H.S. Hudson, BUFFALO BETUMINOUS United Pacific Insurance Company, concerning the LETTER - United Pacif Buffalo Bituminous, Inc. matter, dated March 11, Insurance Co. 1980. Letter - Page 19 Bruce Malkerson, City Attorney, informed the FARVIEW PLAT City Council that the Farview Plat, Lake Lake Access Access item will be on the next agenda. Butler moved, Massengale seconded, that the LICENSES* following licenses be approved: Motion, Ayes (3) - Nays (0) . Hopkins Plumbing & Heating Company - Plumber Madsen Plumbing � Heating Company - Plumber Paul' s Landing - Cigarette License Butler moved, Massengale seconded, that the BILLS* _ All Funds and Liquor Store Accounts 5154 through 5209 , 11301 through 11333 , 0318-00001 through 0318-00045, 0304-00001 through 0304-00045, be paid. Motion, Ayes (3) - Nays (0) . � _ ; � • � �i��f�l lP+� _= Page 19 �✓ � . � �� �����c�&��� ,.�: - ��������� - . �700 Indian Creek Parkv�ay, P.O. Box 8s3, Sna�.vnee Mission, Kansas 66201 Telephone (913) 649-6780 Narch 11, 1980 � � � �� L 1'y� h} . , « D � T��'� i.'.i�y 13 Mr. Walter R. Benson Clerk/Administrator (�'�' �'r= �Ti��,'''�k�}' City of Orono Pos� Gffice Box 66 Crystal Bay, Minnesota 55323 — Re: Bond No. : U 97 77 06 - Princit�al: Buffalo Bituminous , Inc. Obligee: City of Orono, Minnesota Project: Street Grading and Surfacing on Ring noute Road Dear Mr. Benson: Your letter of January 25, 1980, addressed to NLr. R. W. Frank, Attorney-in- Fact and agent for the United Pacific Insurance Company has been referred to �his oriice. Your request that United Pacific Insurance Company agree and reaffirm that its performance bond U 97 77 06 will respond to a claim for liquidated da.mages, is both superfluous and unnecessary. Where liquidated damages are stipulated in a contract covered by the performance bond, it is obvious that the bond will respond to the liquidated damages, subject to the rights and defenses of the owner and the contractor and a determination as to the actual damages sustained. f However, in an effort to reconcile the differences between the City of Orono and Buffalo Bituminous, Inc. , concerning payment of earned contract funds the United i', Pacific Insurance Company does agree that the above performance bond includes �� coverage for liauidated damage, if any, up to the amount stipulated in the contract �� subject to a detern.ination of actual damages to the City of Orono from the alleged delayed completion date and also subject to the rights and defenses available to the Surety under conmon, statutory and judicial law. If you have any further questions concerning application of the above bond to this project, please feel free to contact me. Yours very truly, UNITED PACIFIC INSURANCE CONf�f�NY �-; �� �',��J,�,---,.-��' ��� H. S. Hudson, Manager Midwest Bond Claims HSH/ms ' cc : Mr. Roger W. Frank !; United Pacit�c Insurance Company Planet Insurance Comparry , Relionce Insurance Company REGULAR MEETING OF THE ORONO COUNCIL, MARCH 24 , 1980 Page 20 Butler moved, Massengale seconded, that the ADJOURNMENT • meeting be adjourned at 9 : 15 P.M. Motion, Ayes (3) - Nays (0) . . �/l� William B. Van Nest, Mayor ATTEST: Walter . Benson, City Administrator