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Home My WebLink About10-27-1980 Council Minutes , ` . CITY OF ORONO Regular Meeting of the Orono Council , 7 : 00 P .M. October 27 , 1980 The Orono Council met on the above date with the following members present: Mayor Van Nest, Councilmembers Butler, Hannah, and Hurr . Absent: Councilmember Paurus . Also present: City Planner Olson, City Attorney Malkerson, City Engineer Cook, and City Clerk Strom. Absent : City Administrator Benson. Butler moved, Hurr seconded, to approve the CONSENT AGENDA* Consent Agenda* 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) . 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 No comments from the Comprehensive Planning COMPREHENSIVE PLANNING representative . � No comments from the public present. PUBLIC COMMENTS Butler moved, Hurr seconded, to approve the REZONING AGREEMENT* Agreement with the City of Orono Regarding Certain Windward Marine Properties for James and Mary Rivers, Windward 1440 Shoreline Drive Marine, 1440 Shoreline Drive . Motion, Ayes (4) - Nays (0) . Hurr moved, Butler seconded, to adopt Resolution RESOLUTION #1221 #1221 , A Resolution Approving The Plat Of Hi-Acres 1820 Fox Street Two, E. T. Mertz , 1820 Fox Street. Motion, Hi-Acres Two Ayes (4 ) - Nays (0) . Mr. Wisegarver and his attorney, Mr. Oberhauser, CONDITIONAL USE PERMIT were present. VARIANCE 3800 Wayzata Boulevard Discussion included the status of the market at Keller ' s Market the time Mayonna Sundlin owned it and the present use of the market; on the amount of vegetables and fruits displayed and the location of them; and the entrance off of Highway #12 . Mayor Van Nest stated that the present use' of the market is not a permitted use and that the solution would be to rezone the area, but that would be difficult to do considering the present zoning. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 27, 1980 Page 2 Ms. Connie Carruthers, 580 Orchard Par� Road, CONDITIONAL USE PERMIT commented that she was against the present expanded VARIANCE use of the market stating that she was a frequent 3800 Wayzata Boulevard visitor of the former owner and was aware of the (Continued) . extent of the present operation. Mr . & Mrs. Rowlette, 3775 Bayside Road, were present to support the present expansion of the market. Mayor Van Nest moved, Butler seconded, to authorize the necessary permits for internal remodeling of the market in order to accommodate the items from the greenhouse; tha� �the_ greenhouse must be removed by November l, 1980 ; that the access be moved to County Road Six; that outside storage and sales be according to code ; and that the septic system be repaired by November 30 , 1980 . Motion, Ayes (4) - Nays (0) . Mr . John Vogt, Sailors World, was present to discuss SAILORS WORLD LICENSE with the City Council his 1980 commercial dock license . Discussion concerned the difference between the Lake Minnetonka Conservation District application and the one presented to the City of Orono for the 1980 dock license. The difference was probably due to the different types of applications used by the two licensing units but the total number of rental slips, buoys and boats is identical. No action was necessary. Hurr moved, Mayor Van Nest seconded, to approve the KENNEL LICENSE kennel license for Kristi L. Tukua, 25 North Stubbs Kristi L. Tukua Bay Road. Motion, Ayes (4) - Nays (0 ) . Butler moved, Hurr seconded, to approve a mechanical AMUSEMENT DEVICES amusement device license for the Bear Flag Restaurant LICENSE for two game machines. Motion, Ayes (4 ) - Nays (0) . Bear Flag Restaurant Butler moved, Hannah seconded, to table the AMUSEMENT DEVICES application of Bill Wear, 2160 Wayzata Boulevard, LICENSE for an amusement devices license until Mr. Wear Bill Wear can be present to discuss building code violations at his shopping center. Motion, Ayes (4) - Nays (0) . Mr . Wear arrived at 8 : 00 P.M. After discussion concerning building code violations at the Bill Wear Shopping Center, Mr. Wear agreed to correct the violations. ' Butler moved, Hurr seconded, to reconsider the application for amusement devices license for the Bill Wear Shopping Center and to reopen the agenda item for Council action. Motion, Ayes (4) - Nays (0 ) . (Continued) REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 27, 1980 Page 3 Mayor Van Nest moved, Butler seconded, to approve AMUSEMENT DEVICES the amusement devices license for the Bill Wear LICENSE Shopping Center, 2160 Wayzata Boulevard, for fifteen Wear Shopping Center machines, subject to building code compliance . (Continued) Motion, Ayes (4) - Nays (0) . Mayor Van Nest moved, Butler seconded, to approve PUBLIC HEARING DATE a public hearing for Year VII, Community Development CDBG - November 24 , Block Grant Program, to be held on November 24 , 1980 1980 - 7 :00 P.M. at 7 : 00 P.M. Motion, Ayes (4) - Nays (0 ) . Glenn Cook, City Engineer, reported to the City TR.AFFIC SIGNAL Council of the progress for easements at #12 and #12 & Old Crystal Bay Old Crystal Bay Road for the traffic signal . Glenn Cook, City Engineer, presented the following SEWER CONNECTION letter to the City Council regarding sewer connection E. A. Cashin to Edward Cashin, 1305 Shoreline Drive , which states : 1305 Shoreline Drive "At the October 14th Council meeting, City Attorney Malkerson stated that we will assess E. A. Cashin only one sewer connection, i.e . that along Ferndale Road. In light of this, we will delete the sanitary service wye and 4 " C. I . S.P . stub off the Orono Lane sewer which was planned to supply sewer service to Mr . Cashin' s carriage house. " Glenn Cook, City Engineer , presented the following SEWER EASEMENT . letter to the City Council regarding the sewer ease- Gordon Ritz ment for Gordon Ritz, 1165 West Ferndale Road, which 1165 W. Ferndale Road states : "The City appreciates your signing of the easement on your property. The City agrees that, in the event it is necessary to pay any property owner in your project for the easement required, you will be entitled to a payment in the same amount or have your easement returned to you at the option of 'the City. " Glenn Cook, City Engineer, presented the following letter to the City Council regarding the sewer ease- ment for ponald Gamble , Jr . , 1205 Shoreline Drive , which states : "The City appreciates your signing of the easement on SEWER EASEMENT your property. The City agrees that, in the event Donald Gamble , Jr. it is necessary to pay any property owner in your 1205 Shoreline Drive project for the easement required, you will be entitled to a payment in the same amount or have your easement returned to you at the option of the City. " R�GULAR MEETING OF THE ORONO COUNCIL, OCTOBER 27, 1980 Page 4 ,� Mayor Van Nest moved, Butler seconded, to approve LEASE AGREEMENT the Lease Agreement between the City of Orono and Burlington Northern RR Burlington Northern Railroad for the sanitary sewer project 1980-LS-1 & LS-2 , subje�t to a firm price for a permanent easement. Motion, Ayes (4) - Nays (0) . Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1222 Resolution #1222 , A Resolution Approving A Lease Burlington Northern RR Agreement For The Placement Of A Sanitary Sewer Line Across Burlington Northern Property. Motion, Ayes (4) - Nays (0) . Councilmember Butler stated that the next Cable TV CABLE TV MEETING meeing will be held December 4 , 1980 at 7 : 30 P .M. December 4 , 1980 at the Orono Council Chambers. Butler moved, Hurr seconded, to approve the letter ORONO-LONG LAKE WATER* to Mayor Diane Gallagher, Long Lake, dated October 15, 1980 , concerning Orono-Long Lake water system. Motion, Ayes (4) - Nays (0) . Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1223* #1223 , A Resolution To Loan From The State Of Portable Breath Test Minnesota Public Safety Department Portable Breath Units Test Units. Motion, Ayes (4) - Nays (0) . Butler moved, Hurr seconded, to approve the resigna- RESIGNATION* tion of Roger Ward, Police Officer, effective Roger Ward October 17, 1980 at 4 :30 P.M. with severance pay in the amount of $3 , 057. 02 . Motion, Ayes (4) - Nays (0) . Butler moved, Hurr seconded, to accept the resigna- RESIGNATION* tion of Steve Hanlin, City Assessor, effective - Steve Hanlin October 31, 1980 . Motion, Ayes (4 ) - Nays (0) . . Butler moved, Hurr seconded, to approve the 1981 ENGINEERING RATES* Engineering Rates for Bonestroo, Rosene, Anderlik, Bonestroo, Rosene and Associates. Motion, Ayes (4) - Nays (0) . Anderlik & Associates Butler moved, Hurr seconded, to approve the letter 1980-LS-1 & LS-2 to all residents in the 1980-LS-1 & LS-2 sewer SEWER LETTER* areas, dated October 14 , 1980 . Motion, Ayes (4) - Nays (0) . Butler moved, Hurr seconded, to approve th2 appoint- APPOINTMENT* ment of Sandi Woytcke, Deputy Clerk, at a rate of Deputy Clerk $5. 25 per hour, effective October 27, 1980 . Motion, Sandi Woytcke Ayes (4) - Nays (0) . , . , REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 27, 1980 Page 5 Dick Benson, City Administrator , prepared a memo ASSESSMENT REDUCTION concerning the 1980-LS-1 assessments for James James Rivers Rivers and Lauren Born dated October 20 , 1980 Lauren Born which states : On file in the City Clerk ' s office are letters mailed to Mr. & Mrs. James Rivers and Mr. Lauren Born. � The letter is self-explanatory in that the marina project does stand alone as a separate project and separate assessments and should be reduced from $9 , 641 per unit to $7 , 900 per unit since that particular construction cost is known. The Council discussed this at their October 8 , 1980 meeting but failed to officially reduce the assessment as was done with Minnetonka Bluffs. The $2 , 500 reduction should be reviewed at a later date . I recommend Council action on this particular assessment project Monday evening. Hannah moved, Butler seconded, to table for more WEST HENNEPIN HUMAN information from staff concerning an appointment SERVICES PLANNING to the West Hennepin Human Services Planning Board. BOARD Motion, Ayes (4 ) - Nays (0) . Dick Benson, City Administrator, prepared the MAPLE PLAIN TREATMENT following memo concerning the Maple Plain PLANT Treatment Plant dated October 20 , 1980 which states : On Thursday, October 16 , 1980 , the Physicial Develop- ment Committee recommended approval of upgradinq the Maple Plain Treatment Plant and supported the Pollution Control Agency permit for immediate removal of pho5phorus. The disagreement that the Council has with the Pollution Control Agency is that the Council would � like the Pollution Control Agency to take some measures to reduce pollutant discharge from the Loretto plant. The Pollution Control Agency permit to continue the Maple Plain plant operation with additional pollutant removal is not dependent upon the Loretto permit and is being handled separately. Councilmember Hurr prepared a memo concerning the METRO COUNCIL PHYSICAL Metro Council Physical Development Committee meeting DEVELOPMENT MEETING held Thursday, October 9 , 1980 . Memo on file in the City Clerk ' s office. ' . . 1 � REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 27, 1980 Page 6 Hannah moved, Butler seconded, to adopt Resolution RESOLUTION #1224 #1224 , A Resolution To Amend The 1980 Fee Schedule , Amend 1980 Fee Schedul� as amended. Motion, Ayes (4) - Nays (0) , Butler moved, Hurr seconded, that the following LICENSES* licenses, be approved: Motion, Ayes (4 ) - Nays (0) . � Loren L. Brown - Plumber Hanson-Kleven Plumbing Company - Plumber Loop Belden Porter - Plumber Shore Plumbing & Heating - Plumber P & D Mechanical Contracting Company - Plumber Butler moved, Hurr seconded, that the All Funds BILLS* Accounts and the Liquor Store Accounts, be paid. Motion, Ayes (4) - Nays (0 ) . Butler moved, Hurr seconded, that the meeting ADJOURNMENT be adjourned at 8 : 30 P.M. Motion, Ayes (4) - Nays (0) . An executive session was called at 8 : 30 P.M. to EXECUTIVE SESSION discuss matters of litigation concerning appeals for the 1980-LS-1 & LS-2 project. (/� V , William B. Van Nest, Mayor r Attest: wal r . Benson, i dministrator