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HomeMy WebLinkAbout10-14-1980 Council Minutes CITY OF ORONO Regular Meeting of the Orono Council, 7 :00 P.M. October 14 , 1980 The Orono Council met on the above date with the following members present : Acting Mayor Butler, Councilmembers Hannah, Hurr, and Paurus . Mayor Van Nest absent. Also present: City Attorney • Malkerson, City Planner Olson, City Engineer Quincey, Lee Tomlinson, Park Commission Chairman, and City Clerk Strom. Absent : City Administrator Benson. City Administrator Benson arrived at 10 :02 P.M. Paurus moved, Butler seconded, to approve the CONSENT AGENDA* Consent Agenda*, subject to removing item 20 , with all staff reports concerning items reviewed at this meeting to be attached to the original copy of these minutes on file in the City Clerk ' s office . Motion, Ayes (4) - Nays (0) . Paurus moved, Butler seconded, to approve the MINUTES* Minutes of the Regular Meeting of September 15, September 15 , 1980 1980 . Motion, Ayes (4) - Nays (0) . Ms. Julie Carlson, West Hennepin Human Services WHHSPB - Julie Carlsor, Planning Board, was present to discuss many projects and services of the WHHSPB. She requested that a Councilmember be appointed as a liaison between the Board and the City Council. The City Council requested more information on the services performed by the Board, such as a Newsletter detailing their services. Hurr moved, Paurus seconded, to adopt Ordinance No. 232 , ORDINANCE NO. 232 An Ordinance Prohibiting The Use Of Leghold Animal Leghold Traps Traps. Motion, Ayes (4) - Nays (0 ) . Lee Tomlinson, Park Commission Chairman, was present PARK COMMISSION to introduce to the City Council Ms. Virginia Sweatt, as the Commission ' s recommendation for appointment to the Park Commission to replace Diane Goetten. Hurr moved, Hannah seconded, to appoint Ms. Virginia APPOINTMENT Sweatt, 3225 Bohns Point Road, to the Park Commission Virginia Sweatt to fill the unexpired term of Diane Gotten. Motion, Ayes (4) - Nays (0) . Mr . Tomlinson also informed the City Council that BEDERWOOD PARK the playground equipment is in at Bederwood. Park, the baseball field is graded but that it is smaller than expected. REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 14 , 1980 Page 2 Mr. Hork, North Shore Marina, and his attorney, NORTH SHORE MARINA Bruce Douglas, were present and informed the City Council that an inspection had not been accomplished at the Marina and stated that he would like to review with the Orono City Attorney different items in the proposed 1980 license and requested that this item be placed on the next Counci� agenda. Paurus moved, Butler seconded, to request staff to place the North Shore Drive Marina 1980 license on the agenda for the next Council meeting. Motion, Ayes (4) - Nays (0) . Councilmember Paurus, Representative to the Lake LMCD REPORT Minnetonka Conservation District, stated that there Sailor 's World is a discrepancy in the application for Sailor ' s World dock license and requested that it be placed on the Council agenda for " the next Council meeting. Acting Mayor Butler announced that a joint meeting JOINT MEETING DATE with the Planning Commission will be held Saturday, October 25 , 1980 October 25 , 1980 , 8 : 00 A. M. at the Lafayette Club. Alan Olson, City Planner, discussed with the City ORDINANCE REVIEW Council a schedule for ordinance reviews stating that the subdivision ordinance will be ready by December 1, 1980 , zoning ordinance by January 15, 1981, and recodification by July l, 1981. No comments from the public present. PUBLIC COMMENTS Paurus moved, Hurr seconded, to adopt Resolution RESOLUTION #1211 #1211, A Resolution Approving A Conditic5nal Louis Smerling Use Permit And Variance For Louis & Beverly Smerling. Motion, Ayes (4) - Nays (0) . . Mr. & Mrs. James Rivers, Windward Marine, were REZONING AGREEMENT present to discuss their rezoning agreement. Windward Marine 1440 Shoreline Drive Discussion included whether 118 or 119 slips had been previously approved but if proof is found that 119 slips were approved, then a change would be made if acceptable to the City Attorney. Parcel "C" should be open space with no storage except in the spring and fall. Butler moved,. Paurus seconded, to conceptually approve tne Agreement with the City of Orano Regarding Certain Properties for James and Mary Rivers, Windward Marine, 1440 Shoreline Drive. Motion, Ayes (4) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 14 , 1980 Page 3 Councilmember Har.nah vacated his seat at the City VARIANCE Council table for the following item. 1410 Bohns Point Road #546 Mr . Jack Rhode and his attorney, Mr . Swenson, Jack Rhode were present regarding a variance for 1410 Bohns Point Road. Discussion centered around the history and policy of the City regarding easements . Paurus moved, Hurr seconded, to adopt Resolution RESOLUTION #1212 #1212 , A Resolution Amending Resolution #851 And 1410 Bohns Point Road Granting Jack Rhode Variances To Allow Cons�ruction Jack Rhode On The Lot Known As 1410 Bohns Point Road Legally Described As That Part Of Government Lot 1 Lying East Of West 442 . 93 Ft. Thereof And North Of South 1058 . 3 Ft. Thereof And South Of Registered Land Survey #269 . Motion, Ayes (3) - Nays (0 ) . Councilmember Hannah returned to the Council table. Butler moved, Hannah seconded, to adopt Resolution RESOLUTION #1213 #1213 , A Resolution Approving A Metes And Bounds 625 North Ferndale Rd. Subdivision For William Fielding, 625 North Ferndale #558 Road. Motion, Ayes (4) - Nays (0) . William Fielding Mr . Wisegarver and his attorney, Mr . Oberhauser, CONDITIONAL USE PERMIT were present. 3800 Wayzata Boulevard #561 Discussion included the past history of the market, Keller ' s Market access to the market off of Highway #12 , the cold storage shed, and the greenhouse . Paurus moved, Hurr seconded, to deny the transfer y of the conditional use permit as presented based on the original intent of the permit; original permit was for a fruit and vegetable stand; many extensions have been added to the original building, pr'operty and business, whereby the City Council has seriously considered to bring it back to the original permit or consider rezoning as referenced by the past history noted in Alan Olson ' s memos dated June 19 , August 18 , and September 3 , 1980 . Motion, Ayes (4) - Nays (0) . Discussion followed concerning the greenhouse . VARIANCE Mr. Wisegarver stated that it would be removed 3800 Wayzata Boulevard by October 30 , 1980 . Keller ' s Market Hurr moved, Hannah seconded, to table the variance request for a proposed greenhouse for Keller ' s Market until the next meeting. Motion, Ayes (4 ) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 14 , 1980 Page 4 Paurus moved, Hannah seconded, to adopt Resolution RESOLUTION #1214 #1214 , A Resolution Denying A Conditional Use Permit 3280 Watertown Road For The Robert Mortensons For A Greenhouse At #576 3280 Watertown Road. Motion, Ayes (3) - Nays (1) . Robert Mortenson Councilmember Butler Nay. Mr. Charles Carl, 3685 North Shore Drive, was present VARIANCE concerning his application for a variance for a 3685 North Shore Drive garage . #578 Charles Carl Alan Olson, City Planner, stated that the Planning Commission recommended a revised plan with reduced hardcover. . Paurus moved, Hurr seconded, to table the request of Charles Carl, 3685 North Shore Drive, for a variance until the next meeting and requested Mr. Carl to bring back a specific new proposal with the garage being included with the house. Motion, Ayes (4) - Nays (0) . Alan Olson, City Planner, informed the City Council REMODEL CITY BUILDINGS of plans to remodel existing City buildings and requested funds for the project. Paurus moved, Hannah seconded, to request the City Planner to present plans for remodeling existing City buildings at the joint Council and Planning Commission meeting on October 25 , 1980 and to approve the expenditure of not more than $1, 500 for the project. Motion, Ayes (4) - Nays (0) . The following memo was prepared by Tom Kuehn, ASSESSMENTS* Finance Director, concerning the 1980-LS=1 & LS-2 1980-LS-1 & LS-2 project, dated October 14 , 1980 , which states: I have discussed the situation regarding the assessments for the LS80-1 & LS80-2 sewer projects with Hennepin County. I was told there is a possibility that the reductions anticipated in November may not be received at the Council early enough to be spread on the original 1981 tax rolls. If this happens, the homeowners in this project will have the original amount of assessment reflected on their 1981 tax statements. However, I was assured that correc•ted tax statements would be sent to the homeowners prior to the May ,due date for payment of the first half 1981 taxes. Council Meeting - October 14 , 1980 Paurus moved, Butler seconded, to approve the above memo concerning assessments for the 1980-LS-1 & LS-2 sewer project. Motion, Ayes (4) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 14 , 1980 Page 5 Acting Mayor Butler announced that October 21, 1980 LOCAL GOVERNMENT DAY is Local Government Day according to a proclamation October 21 , 1980 issued by Governor Albert H. Quie . Acting Mayor Butler announced that the next meeting CABLE TV MEETING for the Cable TV Committee will be held October 23 , October 23 , 1980 1980 at the Medina City Hall. A letter was received from Gale Lennon, Superintendent SCHOOL DISTRICT LETTER of the Orono School District 278 concerning uses for Cable TV Cable TV for the School District dated September 30 , 1980 . Letter attached to the original Minutes on file in the City Clerk ' s office . � A letter was received from the Metropolitan Transit PARATRANSIT PROJECT Commission informing of a Community Advisory Committee meeting for the Lake Minnetonka Paratransit Project has been scheduled at 6 : 00 P.M. on Thursday, October 16 , 1980 at the Glen Lake Community Services Center, 14300 Excelsior Boulevard in Minnetonka. Paurus moved, Butler seconded, to approve the MWCC LETTER* attached letter from the Metropolitan Waste Control Connections Commission concerning connections dated September 20 , 1980 . Motion, Ayes (4) - Nays (0) . Letter & City Response - Pages 6-9 Paurus moved, Butler seconded, not to approve funds ICE ARENA* toward the Mound-Orono Ice Arena at this time. Motion, Ayes (4) - Nays (0) . Paurus moved, Butler seconded, to adopt Resolution RESOLUTION #1215* #1215, A Resolution Amending Resolution #1190 � Additional Judges Appointing Additional Election Judges For The General Election To Be Held November 4 , 1980 . Motion, Ayes (4) - Nays (0) . Hurr moved, Butler seconded, to approve a maintenance JANITORIAL INCREASE increase for janitor service to $387 . 70 per month, effective October 1, 1980 . Motion, Ayes (4) - Nays (0) . Paurus moved, Butler seconded, to approve Change CHANGE ORDER #1 Order #1, G. L. Contracting Company, acknowledging G. L. Contracting that all easements are not presently available to allow construction. Motion, Ayes (4 ) - Nays (0) . � � � . � � � ^I! I , , . . I Page 6 I _ _ - _ i. i �� � - , --j � ' � � - -- : ; r . , . ,.- � _ _ _ . -�-- �--,� . _ - ���\�_� � :t� , r,.' — —,� � � -= ^�`�� September 29, 1980 1 "—'"�' v�� v,-:`�;�'� , `�` __._, �;�; , ,� ; . �- �`�,- � � Mr, l�Jalter R. Benson City Administrator City of Orono ' Box 66 - ' Crystal Bay, M�� 55323 Dear Mr. Be►:son: This letter is a follow up of our meeting of September 29 , 1980 respond- ing to your resubmitted plan (received September 19) on sanitary se���ers in tne City. These sanitary ser�er projects (I-Tanager Lake , II-Orchard Koad South and III-tvorih Shore Drive) have been revised to sho�ti� alternat.e construction for each of the projects. � The Commissior� reviev�s and approves connections to our interceptor based or location of existing stubs , ability to isolate and determine sewage flow from an area, and v;hether the potential new� connection mav influence the structural integrity of the wastewater. These conditions were con- � sidered when we responded in our letter of September 2 to your earlier i submittai of these projects. In accord with our meeting of Sep�ember 29 and after reviewing the bids � ; for the Project II system tne Commission aqrees that the direct tap � connection to our interceptor as proposed is the most cost effective � alternative. Detailed drawinqs on how the tap connection is to be made 1 , must be submitted for our review and approval prior to the issuance of a � connection permit. Since the sanitary sewer system described under Project II serves a substantial area , it is proposed to install a meter under your contract at vr near Lift Station No. 1 in a location accessible for routine service and maintenance. The Commission will reimburse you for installing the pr�posed meter which meets our standards and in accord ��ith ' an aareement. Please transmit costs figures to our attention when they � become available. ; As per our agreement the alternate in Project III is the only acceptable ' solution for service in the area of North Shore Drive. The type of pump ; necessary to pump against a sr�all uniform head is much r�ore desirable and j less costly than one designed to pump into the high variable head of the ' � interceptor forcemain. For the foregoing reason and that this flow can � � • i be measured on the existing Orono meter (M-429A) , Alternate I is the � acceptable mode of service. � � i ; I '� • , i ! '.5J C�c i KO:O'JRRE E:DG. ,'TH6 F.�-E-TlTFc'eTl i i n-',-tn_°(il,��Sl�i � i ��: ����s=25 ; n . i _ . , � � o . ' Page 7 i�:r. :dalter �;. Eenson City Administrator City of Orono Sepiember 29, 1980 Page Two The Tanager Lake service (Project 1 ) connection should be made only via a direct connection to the interceptor pipe. No connection will be permit�ed to the cleanout manhole (OP 2�+00) as indicated in Alternate III . If you have any questions please contact either pon Bluhm or myself. Ver ruly yours , � . R. 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CO�c �rGCe�G. �i,=�r C?�}' *�C1I�e�r � T.•r . COC>l; , T-,'_�1 D� ir, ci;�rae Gf t.I]i c F�-p J�CL � i- be ava_1a��e a� ��o:�r con•.�=nience to v.o_.� out any c�t�ils G'•�C�i 1':- i Y F' �y l.�E �rCi��C� l.11��. GrE T�eCE.C.I�Gr}� L� G�Sure C0111�1ete C��t��l�`C�CE `� ���ur SL�nCiGrQs. . . Please =ee1 free to call ;�e at my oTfice , 473-7358 if you ncvE �n}' cue=�ior.s . Page 9 •r . t.c'�• _ c\.�1C , _'C�CDCI L , � � � CD - =�e l �Cc1� � �ric'i}: \�CU f01- �'^vUi ' c��E?i�10TJ 1?� ��1£ ?`�cL�El" . �_T:CE'I"E1�� , �/�i��-i.�'� l'�G� LC I':. �C�'�V11 C= t. _^.c�-:=�:� st� �, ci � . cc : ��� ; ���_• f-:��::_ Gec,�ce i.�sher _ � i�G:� �.�L;};-: G1Enn Coo}. REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 14 , 1980 Page 10 Paurus moved, Butler seconded, to approve Change CHANGE ORDER #2 Order #2 , Latour Construction Company, in the Latour Construction amount of $500 , approving concrete versus steel for the wet well for Grinder Pump Station #6 . Motion, Ayes (4) - Nays (0 ) . Paurus moved, Butler seconded, not to approve SKI PROGRAM* a Ski Program for the Orono Golf Course this year . Motion, Ayes (4) - Nays (0) . Paurus moved, Butler seconded, to approve the SQUAD CAR PURCHASES* request of Chief of Police Kilbo to purchase Police Squad Cars . Mot'ion, Ayes (4) - Nays (0) . Paurus moved, Butler seconded, to approve the WHAD SEVERANCE PAY* severance pay for the former employees of the West Hennepin Assessment District in the follow- ing amounts: Glenn Hawkyard $2 , 220 . 72 Stephen Hanlin 541. 77 Dorothy Hallin 1, 100 . 83 Motion, Ayes (4) - Nays (0) . Paurus moved, Butler seconded, to approve the ASSESSING AGREEMENT* letter from Minnetonka Beach concerning assessing Minnetonka Beach services. Motion, Ayes (4) - Nays (0 ) . Paurus moved, Butler seconded, to approve the BID AWARD* low bid of E. H, Renner & Sons, Inc, in the E. H. Renner & Sons amount of $6 ,547 for the Bederwood Park well. Bederwood Park Well Motion, Ayes (4) - Nays (0) . Paurus moved, Butler seconded, to approve the re- REAPPOINTMENT* appointment of Howard Meagher to the' Block Grant Howard Meagher Citizens Advisory Committee. Motion, Ayes (4) - Nays (0 ) . Hurr moved, Butler seconded, to table the 1981 ENGINEERING RATES Engineering rates item until the next City Council meeting, for further staff review. Motion, Ayes (4) - Nays (0) . Paurus moved, Hannah seconded, to appoint JoEllen APPOINTMENT Hurr as the representative from Orono to a Gommittee Solid Waste Committee for locating sites for solid waste disposal. Motion, JoEllen Hurr Ayes (4) - Nays (0) . . , � � REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 14 , 1980 Page 11 Butler moved, Hannah seconded, to approve the CONTRACT - ON-SITE contract for Michael Gaffron, On-Site Manager, MANAGER at a rate of $12 . 00 per hour, with a maximum Michael Gaffron cost of 1,000 hours per year. Motion, Ayes (4) - Nays (0) . Butler moved, Hannah seconded, to adopt Resolution RESOLUTION #1216 #1216 , A Resolution Approving A Special Assessment Henry Skarp Deferment For Henry M. Skarp, Sewer Project LS-1 Assessment , 1980-LS-l. Motion, Ayes (4) - Nays (0) . Butler moved, Paurus seconded, to adopt Resolution RESOLUTION #1217 #1217�, A Resolution Providing For The Issuance And Bond Sale Sale Of $1, 100 , 000 General Obligation Improvement Bonds Of 1980 . Motion, Ayes (4) - Nays (0) . Butler moved, Hannah seconded, to approve a EASEMENT SETTLEMENT negotiated settlement for easements for Edward Edward Cashin Cashin and Newell Weed in the amount of $2 , 500 , Newell Weed T980-LS-l . Motion, Ayes (4) - Nays (0) . Butler moved, Paurus seconded, to approve a EASEMENT SETTLEMENT negotiated settlement for easements for Edward Edward Callahan Callahan, C. Steven Wilson, and John Eastman, C. Steven Wilson 1980-LS-2 . Motion, Ayes (4) - Nays (0 ) . John Eastman Hurr moved, Paurus seconded, to reconsider RECONSIDER MOTION the motion for the Consent Agenda* item for Kennel License a kennel license application for Kristi Tukua, 25 Stubbs Bay Road North. Motion, Ayes (4) - Nays (0) . Hurr moved, Hannah seconded, to table the KENNEL LICENSE kennel license application for Kristi Tukua, 25 Stubbs Bay Road N. 25 Stubbs Bay Road North, until the next council Kristi Tukua meeting for further information. Motion, Ayes (4) - Nays (0) . Paurus moved, Butler seconded, that the All Funds BILLS* Accounts and Liquor Store Accounts be paid. Motion, Ayes (4) - Nays (0) . Butler .moved, Paurus seconded, that the ADJOURNMENT meeting be adjourned at 10 : 55 P.M. Motion, Ayes (4) - Nays (0) . _._. � ,��C �\�� \�� � ��,� Mary C. Bu�_er, Acting Maybr Attest: 7"1� -- - Wa ter R Benson, City AB�ministrator