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HomeMy WebLinkAbout08-25-1980 Council Minutes . , � CITY OF ORONO Regular Meeting of the Orono Council, 7 : 00 P .M. August 25 , 1980 The Orono Council met on the above date with the following members present: Acting Mayor Butler, Councilmembers Hannah and Paurus. Councilmember Hurr arrived at 7 : 02 P.M. Absent: Mayor Van Nest. Also present: City Administrator Benson, City Planner Olson, and City Engineer Cook. Mr . Patrick Farnand discussed the need for a com- LAKE AREA SPORTS munity recreation sports center and the involvement CENTER that has taken place between Mound and Orono in the center becoming �a reality. Mr . Farnand requested the City of Orono to support the lake area center and donate to the fund raising process. Questions asked by Councilmember Hurr were : l. Can a City legally donate funds for this purpose 2 . P7hat percentage of time will be allocated for open skating 3 . What is the financial status of other sports arenas Mr. Farnand commented that he did not know what percentage of ice time would be available for open skating or what the financial status was of other centers. The Long Lake City Attorney is reviewing the legal implications of a City contributing to the funding of an arena and we are waiting for his opinion. � Paurus moved, Hannah seconded, to table the request of Patrick Farnand for funds for a lake area sports center until a legal opinion is available for review. Motion, Ayes (4) - Nays (0) . Staff reports concerning items reviewed at this NEW FORMAT meeting are attached to the original copy of these minutes on file in the City Clerk ' s office. Hannah moved, Paurus seconded, that items 5 & 12 CONSENT AGENDA* be removed from the Consent Agenda* . Motion, Ayes (4) - Nays (0 ) . Hannah moved, Pa�rus seconded, to approve the Consent Agenda*, subject to removing items 5 & 12, with all items being included in the Minutes in the sequence that they occur. Motion, Ayes (4) - Nays (0) . Hannah moved, Paurus seconded, that the Minutes MINUTES* of the special meeting of August 14 , 1980 , be anproved. Motion, Ayes (4 ) - Nays (0 ) . 1 " , . �. REGLrLAR MEETING OF THE ORONO COUNCIL, AUGUST 25, 1980 Page 2 No comments from the Park Commission. PARK COMMI�SION Councilman Paurus reported on the Lake Minnetonka LMCD REPORT Conservation District ' s activities commenting that they are reviewing private club classifications as they relate to yacht clubs, quiet waters, and dredging policies. No comments from the Planning Commission. PLANNING COMMISSION Alan Olson, City Planner, presented the City 201 FACILITIES PLAN* Council with a letter to Mr . John D. 'Tomaselli, 201 Facilities Program Manager, Metropolitan Waste Control Commission, dated August 14 , 1980 , concerning the 201 Wastewater Management & Facilities Plan regarding the Maple Plain Treat- ment Plant. Hannah moved, Paurus seconded, to approve the letter to Mr. John D. Tomaselli, Metropolitan Waste Control Commission, concerning the 201 Facilities Plan, dated August 14 , 1980 . Motion, Ayes (4 ) - Nays (0) . Alan Olson, City Planner , presented the City I-394 IMPACT Council with a letter to Mr . Richard P. Braun, ASSESSMENT LETTER Minnesota Department of Transportation, ' concerning the I-394 Impact Assessment, dated August 25, 1980 . Paurus moved, Butler seconded, to approve, as amended, the letter to Mr . Richard Braun, MDT, � concerning the I-394 Impact Assessment, dated August 25, 1980 . Motion, Ayes (4 ) - Nays (0) . Alan Olson, City Planner, presented the City COMPREHENSIVE PLAN Council with a letter to Mr. Robert Isaacson, ' P.EVIEW - Hennepin Planning Supervisor, Hennepin County Office of County* Planning & Development, concerning the Hennepin County transportation and solid waste plans dated August 25, 1980 . Hannah moved, Paurus seconded, to approve the transmittal of the letter to Mr . Robert Isaacson, concerning the Hennepin County transportation and solid waste plans dated August 25, 1980 . Motion, Ayes (4 ) - Nays (0 ) . No comments from the public present. PUBLIC COMMENTS REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 25, 1980 Page 3 Councilman Hannah vacated his seat at the VARIANCE Council table. 1410 Bohns Point Road #546 Jack Rhode and his attorney, James Swenson, were Jack Rhode present. Alan Olson, City Planner, commented that he has a resolution amending Resolution #851 ready for Council review as requested at our previous Council meeting. Mr . Gregg Hannah stated that he is representing Mr . Darrel Stewart and his wife , Margaret Hannah. Mr . Hannah commented that I do want to make a statement after the resolution has been reviewed. � Mr . Swenson, I would like the term "boats" taken out using the term "watercraft" in its place . • Mr . Hannah: I have not had a chance to discuss this with my wife , � Mrs. Hannah, nor Mr. Stewart. We were not involved in the original 1977 resolution. Discussion followed concerning _.�,mendments to the amending resolution. Mr . Hannah: As a matter of record, I would like the following statement entered into the record: "We ask that the record show, either as part of the preamble of the Resolution #851, as amended, ' or in the minutes of this Council meeting, that: "Neither Mr . Darrell Stewart, nor Margaret nor Gregg Hannah, easement holders through Mr. Rhode ' s 1410 Bohns Point Road pgt�perty, were ever involved, informed, represe,nted, or had input in the drafting of Resolution #851, or the 1977 Council meetings referred to in the suggested amended Resolution #851. "The existence of Resolution #851 was not known to Mr. Darrell Stewart, Margaret Hannah, nor Gregg ' Hannah until almost six months after its passage. " I would like this matter tabled to allow me to discuss this with Mr Stewart and Mrs. Hannah. Hurr moved, Paurus seconded, to table the variance of Jack Rhode, 1410 Bohns Point Road, until the next meeting, September 15, 1980 . Motion, Ayes (3) - Nays (0 ) . REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 25, 1980 Page 4 Alan Olson, City Planner , informed the City Council VARIANCE & that Mr. Wisegarver, Keller ' s Market, 3800 Wayzata CONDITIONAL USE Boulevard, has requested that this matter be tabled 3800 Wayzata Boulevarc until the September 15, 1980 Council meeting. Hurr moved, Paurus seconded, to table the variance and conditional use permit request of Keller ' s Market, 3800 Wayzata Boulevard, until September 15, 1980 . Motion, Ayes (4) - Nays (0) . . Alan Olson, City Planner, presented a memo to the VARIANCE City Council concerning a variance for ponald Nelson, 2705 Walters Port Lane 2705 Walters Port Lane , dated August 6 , 1980 . #572 Donald Nelson Mrs. Nelson was present to discuss her application commenting that the encroachment to the lake has been reduced from 6 ' to 4� ' . Councilman Butler : The City is not in favor of granting a variance to the 7�5 ' lakeshore setback. Dick Benson, City Administrator, commented that Bill Reese had called this morning and stated that if the Nelsons were granted a variance to the 75 ' lakeshore setback he would want the same treatment if he had a water problem. Alan Olson : Jean Mabusth granted permission for a variance to hardcover but not for encroachment to the 75 ' lakeshore setback. . Mrs. Nelson: Our property has been adversely affected by property owners on all sides of ine because the City allowed them to do so. Alan Olson : The patio and suggested improvements will not • help the flooding situation Mrs. Ellis, 2701 Kelly Avenue : I have seen Orono 's 75 ' setback regulation broken many times. Mrs. Nelson: Mr . Reese and Mr. Pluhm built and' put water on my property. Butler moved, Hannah seconded, to request staff to draft a resolution approving the hardcover variance for Mrs. Donald Nelson, 2705 Walters Port Lane , per the Planning Commission recommendations. Motion, Ayes (4 ) - Nays (0) . Butler moved, Hannah seconded, to request staff to draft a resolution to deny a variance to the 75 ' lakeshore setback. Motion, Ayes (4) - Nays (0) . REGULAR MEETING OF �HE ORONO COUNCIL, AUGUST 25, 1980 Page 5 Alan Olson, City Planner, reviewed his memo with ASSESSMENT ABATEMEN the City Council concerning an assessment abatement 3465 Lyric Avenue for porothy Olson, 3465 Lyric Avenue , dated August 22, 1980 . Paurus moved, Hannah seconded, to approve the • abatement in the amount of $463 . 99 for porothy Olson, 3465 Lyric Avenue , subject to recharging of sewer and water units should the property be converted to duplex occupancy. Motion, Ayes (4) - Nays (0) . Alan Olson, City Planner, reviewed his memo with FOREST ARMS SUB- the City Council concerning the Forest Arms Sub- DIVISION division of Robert Dongoske regarding the completion #336 of improvements dated July 16 , 1980 . Robert Dongoske Butler moved, Paurus seconded, to adopt Resolution RESOLUTION #1196 #1196 , A Resolutio� Accepting Public Street Improve- Forest Arms ments In The Plat Of Forest Arms. Motion, Ayes (4 ) - Nays (0) . Hannah moved, Butler seconded, to approve the ESCROW ACCOUNT close-out of the escrow account for Robert Dongoske , Forest Arms Subdivision. Motion, Ayes (4) - Nays (0) . Alan Olson, City Planner, reviewed his memo concerning SEWER AVAILABILITY the sewer connection status for Gladys Olson, 1340 1340 Baldur Park Ro� Baldur Park Road, dated August 21 , 1980 . Gladys Olson Mr. Westerlund, Developer, was present stating that he did not think sewer was available for this property. Paurus moved, Butler seconded, to table for staff review of sewer availability for Gladys Olson, 1340 Baldur Park Road. Motion, Ayes (4) - Nays (0) . Alan Olson, City Planner, presented the City Council CDBG YEAR VI* with a letter dated August 12 , 1980 approving the 1980 Urban Nennepin County CDBG Application for Federal assistance. Hannah moved, Paurus seconded, to approve the letter from Dale A. Ackmann, County Administrator , approving the 1980 Urban Hennepin County CDBG Application for Federal assistance . Motion, Ayes (4) - Nays (0) . Butler moved, Hannah seconded, to table until the LIQUIDATED DAMAGES September 15, 1980 Council meeting the item concerning liquidated damages. Motion, Ayes (4) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 25; �980 Page 6 � '�'- Hannah moved, Paurus seconded, to approve the memo ARCOLA BRIDGE prepared by John Gerhardson, Piiblic Works Coordinator, Sidewalk concerning the sidewalk construction on the Arcola Bridge . Motion, Ayes (4 ) - Nays (0 ) . Hannah moved, Paurus seconded, to approve the letter TRAFFIC SIGNAL from Gale Lennon, Superintendent Orono School District Acquisition Cost 278 , concerning their approval of land contribution Sharing and acquisition cost-sharing for the semaphore construction at Highway 12 and the Old Crystal Bay Road. Motion, Ayes (4 ) - Nays (0) . Butler moved, Hannah seconded, to approve the letter LS-1980-1 & 2 to be mailed to all affected property owners for the Letter proposed LS-1980-1 & LS-1980-2 project. Motion, Ayes (4 ) - Nays (0 ) . Butler moved, Paurus seconded, to approve the Change CHANGE ORDER #3 Order #3 in the amount of $3 ,392 , for Buffalo Buffalo Bituminous Bituminous, Inc. Motion, Ayes (4) - Nays (0) . Steven Quincey, City Engineer, sent the following BID HOLDING letter to Dick Benson, City Administrator , August 22 , EXTENSION 1980 , concerning an extension of bid holding for LS-1980-1 and LS-1980-2 project, which states: "On August 14th, I was in contact by telephone with � both Orfei & Sons and G. L. Contractors who were second and third low bidders on the above referenced project. At that time , they indicated that they would sign a letter extending the holding of their bids an additional 10 days. "In my attempts to meet with both contractors at the beginning of this week, they indicated a change of heart. They both have stated that they will not sign that extension. Therefore, be advised that a decision concerning the first bids must be made by October 3rd. " ' End of letter Barbara & Jerome Zell, 3680 Northern Avenue , presented PETITION a petition to the City Council requesting the City to Leghold Traps adopt an ordinance prohibiting the use of leg-hold traps and other devices used to capture wild life . (Continued) REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 25, 1980 Page 7 , "We , the undersigned, believe that the leg-hold PETITION trap and other trapping devices and methods that (Continued) are currently not prohibited in this municipality are cruel and inhumane and should not be used for the capture of wildlife . As citizens of this municipality, we urge the Council to sponsor and support the passage _of an ordinance to stop their use . " Hurr moved, Paurus seconded, to request staff to draft an ordinance for Council review at their September 15, 1980 Council meeting. Motion, Ayes (4 ) - Nays (0 ) . Paurus moved, Hurr seconded, that a public hearing PUBLIC HEARING DATE be held September 29 , 1980 at 7 : 00 P.M. in the Leg-hold Ordinance Council Chambers to review the leg-hold ordinance . Motion, Ayes (4 ) - Nays (0) . Hannah moved, Paurus seconded, to approve the RESIGNATION* resignation of Donald Boll, Utility Foreman, Donald Boll effective November 22 , 1980 . Motion, Ayes (4) - Nays (0) . Paurus moved, Butler seconded, to approve the RESIGNATION resignation of Michael Gaffron, On-Site Septic Michael Gaffron System Manager, effective September 9 , 1980 . Motion, Ayes (4) - _Nays (0) . � Paurus moved, Butler seconded, to review � PART-TIME CONTRACT part-time contract for Michael Gaffron at Michael Gaffron the September 15 , 1980 Council meeting. Motion, Ayes (4) - Nays (0 ) . John Gerhardson, Public Works Coordinator, D-RAINAGEWAY* prepared the following memo concerning the Long Lake Boulevard drainageway stabilization project for Long Lake Boulevard, dated August 11, 1980 , which states: Recently, the City of Orono applied for a grant through the Minnehaha Creek Watershed District for stabilization of a drainageway on Long Lake Boulevard. Mr. Glenn Cook, City Engineer , estimated the project costs at $8 , 000 . On July 31 , 1980 , the City of Orono was notified by the District that they would fund 50� of the project up to $4 ,000 . Because this project was not a budgeted item for 1980 , funds for our share of the project costs are not available. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 25, 1980 Page 8 � Therefore , it is my recommendation to cancel the DRAINAGEWAY* project. (Continued) I have discussed this with Mr. David Cochran, President of the Watershed District, and it is his opinion that should the City decide to complete the project next year, we would have to. reapply then. Council Meeting - August 25, 1980 Hannah moved, Paurus seconded, to cancel the drainageway stabilization project for Long Lake Boulevard until a later date . Motion, Ayes (4 ) - Nays (0 ) . Hannah moved, Paurus seconded, to approve the SECOND QUARTER Second Quarter Con�parisons, 1977-1980 for permits COMPARISIONS* and fees. Motion, Ayes (4) - Nays (0 ) . Hannah moved, Paurus seconded, to approve the 1980 CASH FLOW* 1980 Cash Flow Report prepared by Joan Lattin, Deputy Treasurer, dated August 12 , 1980 . Motion, Ayes (4 ) - Nays (0) . Hannah moved, Paurus seconded, to reimburse REIMBURSEMENT* Larry LeJeune, 880 Partenwood Road, an amount 880 Partenwood Road not to exceed $797 , for a sewer service stub. Se,wer Service Stub Motion, Ayes (4) - Nays (0) . Alan Olson, City Planner, prepared the following BUILDING & ZONING �emo concerning building and zoning vehicles, VEHICLES* dated August 8 , 1980 which states: As of today, my plans are to sell at County auction both existing building and zoning vehicles : #414 - . 1975 Dodge and #415 - 1968 Chevrolet pickup. To replace the insepctor 's vehicle, I propose transfer of unit #125, a 1977 Plymouth, from the Police Department, This vehicle is mechanically as good as #414 , is two years newer, and has no visible body problems. With this change , the building and zoning department would operate over the winter with two instead of three vehicles, with the intention of adding one new unit in the spring with #125 used for the septic inspection program next summer. Council Meeting - August 25, 1980 Hannah moved, Paurus seconded, to approve the above memo regarding building and zoning vehicles. Motion, Ayes (4) - Nays (0 ) . REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 25, 1980 Page 9 Dick Benson, City Administrator, informed the DATA PRIVACY* City Council that every City is required to comply with the Minnesota Government Data Practices Act as required under Sections 15 . 1611 to 15 . 1698 of the statutes. The City, by resolution, must appoint a responsible . authority for purposes of ineeting requirements of the Act and a designee to assist in its implementation. The responsible authority and designee shall administer that Act and establish procedures to insure that requests for Government data are complied with and a records retention schedule is also implemented by resolution. I recommend the appointment of Mr. Mel Kilbo as the Responsible Authority and Mr . �homas Kuehn as the Designee . These people will be responsible to the City Administrator for implementation of the Act. Hannah moved, PauruS seconded, to adopt Resolution RESOLUTION #1197 #1197, A Resolution Appointing A Responsible Authority Appointments And Assigning Duties. Motion, Ayes (4 ) - Nays (0) . Dick Benson, City Administrator, presented the City SKI INSTRUCTION Council with a memo concerning a ski instruction PROGRAM program, dated August 22 , 1980 , which states : The ski instruction program, as suggested by Mr . Bill Reese , requires as a minimum, $8 , 100 front-end monies � as capital outlay to set the program up and, as indicated in Mr . Gerhardson ' s memo, does not include a ski instructor and three to four assistants to provide for the safety and supervision of the program. As suggested by Mr . Reese, he would prefer including himself and his assistants as City employees rather ' than contracting his services to the City, which would . be offset by revenues received as fees charged to students participating in the program. The program, as reviewed by Mr. John Gerhardson, does not include costs to maintain the area, costs to operate the clubhouse and liability for its total involvement. My recommendation without further study of the merits of the rationale for implementation of a new recreation program are : 1. Not to commit the City of Orono to any additional cost to finance a program that requires additional capital outlay that would require an on-going commitment to finance and maintain a new program. (Continued) . , REGULAR MEETING OF THE ORONO COUNCIL, AU�UST 25, 1980 Page 10 2 . Not to commit the City of Orono to em lo in additional personnel which will eventuall g SKI INSTRUCTION add to the already strained tax su ortedys stem. PROGRAM PP Y (Continued) The City of Orono is utilizing the present golf course to its maximum potential, providing a satisfactory golf course for resident recreation in the summer and winter recreation, consisting of family tobogganing, without adding to the cost already budgeted for its annual operation and without creating a central recreation area that is not consistent with the neighborhood park concept. In light of loss of revenues and cutbacks in projected state aids, I do not feel it is in the best interest of the City of Orono to initiate a program that requires additional tax monies for its support. Council Meeting - August 25, 1980 Hurr moved, Paurus 'seconded, to request staff to review total operating costs showing revenues and expenditures for a ski instruction program. Motion, Ayes (4) - Nays (0) . Dick Benson announced that the Primary Election PRIMARY ELECTION* will be held September 9 , 1980 . John Gerhardson, Public Works Coordinator, prepared T�tANSMISSION TOWERS a memo concerning transmission towers on the Luce Line Luce Line Trail Trail dated August 20 , 1980 . Hurr moved, Butler seconded, to request staff to draft a resolution for Council approval noting concerns to Northern States Power Company regarding transmission towers on the Luce Line Trail. Motion, Aye s (4 ) - Nays (0) . Dick Benson, City Administrator, informed the City WATER SUPPLY Council that the Park Commission has' recommended a Bederwood Park well be installed at Bederwood Park and Hackberry Park. The total costs estimated to construct 4 " wells at these two locations is approximately $10 , 000 . Several years ago, some residents at Hackberry requested City water. They might want to be included in the future water project for the Industrial area on Highway #12 if that should materialize . At this time , I recommend advertising for bids for a 4 " well at the Bederwood Park for an estimated cost of $5 , 000 . Monies would be allocated from the Park Dedication Fund. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 25, 1980 Page 11 , Hurr moved, Butler seconded, to request staff to WATER SUPPLY prepare specifications and advertise for bids for (Continued) a well for Bederwood Park for the meeting of September 15, 1980 . Motion, Ayes (4 ) - Nays (0 ) . . Dick Benson, City Administrator, informed the City CRYSTAL BAY POST Council that he did negotiate a new month to month OFFICE LEASE lease for a monthly rent of $300 for the Crystal Bay Post Office. This short-term lease beginning December l , 1980 will allow us to continue local postal service to our community while documenting the need for cpnsolidating postal service in the City of Orono using one common zip code , and also allowing us to develop other uses for certain areas of the existing buildings for City functions. There are other lock boxes available other than what is now in use at the post office, which will allow the postal service to function in smaller quarters. Implementation of a monthly lease plan will give us time to work out a plan for other uses of the existing building at a later date. I recommend authorization for me to execute the monthly lease agreement allowing the City of Orono to enter into an agreement to lease the building space for use by the U.S. Postal Service. � Paurus moved, Butler seconded, to approve the month to month lease for a monthly rent of $300 to the U. S. Postal Service for the Crystal Bay Post Office. Motion, Ayes (4) - Nays (0) . Hannah moved, Paurus seconded, to appoint Tom Frahm APPOINTMENT* as Planning Commission Vice Chairman. Motion, VICE CHAIRMAN Ayes (4) - Nays (0 ) . Tom Frahm Hannah moved, Paurus seconded, to table the PARK COMMISSION appointment to the Park Commission until the next Appointment meeting, Motion, Ayes (4) - Nays (0) . Hannah moved, Paurus seconded, to reschedule the RESCHEDULED MEETING�' public information meeting for the industrial area Industrial Area for sewer and water for September 4 , 1980 at 7 : 30 P.M. Motion, Ayes (4) - Nays (0 ) . REGULAR MEETING OF T�E ORONO COUNCIL, AUGUST 25 , 1980 Page 12 Hannah moved, Paurus seconded, to approve the ANTOINE PARK* Antoine Park Assessments letter to the Hennepin Assessments County Finance Division, dated August 20 , - 1980 . Motion, Ayes (4 ) - Nays (0) . Dick Benson, City Administrator, informed the I/I STUDY* City Council that the City of Orono has an PCA Approval approved Engineer ' s Agreement, Metropolitan Waste Control Commission Agreement, Resolution #1140 approving I/I Analysis, and now have reached approval of the I/I work by the Pollution Control Agency. I recommend the City Council direct the City Engineer to commence with the I/I analysis; _ total approved costs is $24 , 857 of which l0o is budgeted and available for completion. Hannah moved, Paurus seconded, to approve the above letter from the Pollution Control Agency concerning the I/I Analysis. Motion, Ayes (4 ) - Nays (0 ) . Dick Benson announced that the West Hennepin WHAD MEETING* Assessment District meeting will be held August 26 , 1980 at 7 : 30 P.M. The City Administrator will chair a public FEDERAL REVENUE hearing on Wednesday evening, August 27 , 1980 SHARING P.H. * at 7 : 00 P.M. as required by law to explain to the interested public Orono ' s inclusion in the 1981 budget recommendations on uses of Federal Revenue Sharing monies. This process is repeated each year . � Hannah moved, Paurus seconded, to approve the BUDGET & EXPENDITURE* second quarter Budget & Expenditure Report. � Motion, Ayes (4 ) - Nays (0) . Hannah moved, Paurus seconded, to approve the LS-1980-1 & 2 LETTER* response to a letter from Mr . Edward A. Cashin, ?305 Shoreline Drive , dated August 22 , 1980 . Motion, Ayes (4) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 25, 1980 Page 13 , Hannah moved, Paurus seconded, that the following LICENSES* licenses be approved: Motion, Ayes (4 ) - Nays (0) . Gerry ' s Plumbing - Plumber Orlin A. Redepenning - Garbage Collector R. & W. Sanitation, Inc. - Garbage Collector Robert S. Waag - Residential Kennel Donahue Plumbing & Heating - Plumber Hannah moved, Paurus seconded, that the All Funds BILLS* � Accounts and the Liquor Store Accounts be paid. Motion, Ayes (4 ) - Nays (0) . Butler moved, Hannah seconded, that the ADJOURNMENT meeting be adjourned at 11 : 05 P .M. Motion, Ayes (4 ) - Nays (0 ) . � C �����. ��\��v � �� Acting Mayor Mary C. Butler William B. Van Nest, Mayor Attest , Walter . Benson, City Administrator