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HomeMy WebLinkAbout12-17-1980 Council Minutes '} �� CITY OF ORONO Regular Meeting of the Orono Coun�fil, 7 : 00 P.M. December 17, 1980 The Orono Council met on the above date with • the following members present: Mayor Van Nest, Councilmembers Butler, Hannah, Hurr , and Paurus. Also present: City Administrator Benson, City Planner Olson, City Attorney Malkerson, City Engineer Cook, Planning Commission members • Frahm, Goetten, Jabbour, and Rovegno. Paurus moved, Hannah seconded, to remove items CONSENT AGENDA* 2 , 36 , and 40 from the Consent Agenda* . Motion, Ayes (5) - Nays (0) . Paurus moved, Hannah seconded, to approve the Consent Agenda* subject to removing items 2 , 36 , and 40 , 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 (5) - Nays (0) . Hurr moved, Butler seconded, to approve the Minutes MINUTES of the Regular Meeting of October 27 , 1980 , as October 27 , 1980 amended. Motion, Ayes (5) - Nays (0) . Paurus moved, Hannah seconded, to approve the MINUTES* Minutes of the Regular Meeting of November 10 , November 10 , 1980 1980 . Motion, Ayes (5) - Nays (0) . Paurus moved, Hannah seconded, to approve the MINUTES* Minutes of the Regular Meeting of November 24 , November 24 , 1980 1980 . Motion, Ayes (5) - Nays (0) . _ No comments from the Park Commission. PARK COMMISSION Councilman Paurus, representative to the Lake LMCD REPORT Minnetonka Conservation District, reviewed LMCD activities . No comments from the Planning Commission. PLANNING COMMISSION No comments from the Comprehensive Plan COMPREHENSIVE PLAN representative. No comments from the public present. PUBLIC COMMENTS REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 17, 1980 Page 2 Q Alan Olson, City Planner , reviewed with the City CONDITIONAL USE PERMIT Council Keller ' s Market application commenting 3800 Wayzata Boulevard that Mr . Wisegarver was notified of the mee'ting #561 tonight and the applicant is' not present. The Keller ' s Market City Council discussed the application and noted that sufficient time has been provided to allow the applicant time to respond. Mayor Van Nest moved, Butler seconded, to instruct staff to draft a resolution of denial to be reviewed at the January 12 , 1981 Council meetinq ' and to issue formal complaints forfailure to respond to citations previously issued and to seek an injunction prohibiting operation of business without a valid conditional use permit and to notify applicant and attorney of action taken. Motion, Ayes (5) - Nays (0) . Alan Olson, City Planner , reviewed with the City REAFFIRM RESOLUTION Council the variance request of Richard Lorge , #1231 2697 Casco Point Road. 2697 Casco Point Road #581 Butler moved, Hurr seconded, to reaffirm Resolution Richard Lorge #1231, A Resolution Approving The Granting Of A Driveway And Utility Easement Over Lot 3 , Auditor ' s Subdivision No 265, Hennepin County, Minnesota. Motion, Ayes (5) - Nays (0) . 7 :25 P.M. Mr. Richard Speeter and Mr . James CONDITIONAL USE PERMIT Henninger were not present. 659 Minnetonka Highland � #586 Hurr moved, Butler seconded, to table until the Speeter & Henninger January 12 , 1981 Council meeting the application for a conditiional use permit for Mr. Speeter and = Mr . Henninger, 659 Minnetonka Highlands Lane, and to notify applicants of same . Motion, Ayes (5) - Nays (0) . ' 7 :27 P.M. Mr. Speeter and Mr. Henninger arrived. Hurr moved, Butler seconded, to return application for a conditional use permit for Mr. Speeter and Mr. Henninger, 659 Minnetonka Highlands Lane, to the Council table for discussion. Motion, Ayes (5) - Nays (0) . Glenn Cook, City Engineer, reviewed the drainage that flows from Minnetonka Highlands into the lagoon area. Mr . Speeter and Mr . Henninger reviewed their application commenting they would like to apply for a clredging permit. Mr. Speeter also commented they would be willing to grant an open space easement to control the area. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 17, 1980 Page 3 Mayor �an Nest moved, Hannah seconded, to approve CONDITIONAL USE PERMIT the conditional use permit for Mr . Speeter and 659 Minnetonka High- Mr . Henninger, 659 Minnetonka Highlands Lane, for lands Lane removal of a culvert and construction o� a bridge ; #586 and the granting of an easement between Mr. Speeter ' s (Continued) and Mr . Henninger ' s properties, subject to granting of an open space easement. Motion, Ayes (5) - Nays (0) . Mayor Van Nest moved, Hurr seconded, that at the request of the above applicants, the dredging � request to be tabled until a later date . Motion, Ayes (5) - Nays (0) . Mayor Van Nest made the following statement before SUBDIVISION reviewing the Bruce Hepp subdivision request. 2605 West Lafayette Rd. #545 I have a close friend, Mr . Thomas P. Lowe who Bruce Hepp resides at 2630 West Lafayette Road and does represent residents who are opposed to Mr . Hepps request to subdivide his property. I have discussed this matter with Mr. Hepp and others. Mr. Lowe owns stock in companies that I manage . I have no financial commitment nor personal gain, nor benefit, nor do I have a conflict of interest in this matter. I have very strong feelings with Mr. Hepp ' s proposal and I do not feel I should ignore my responsibilities as Mayor of Orono and vacate my chair and step down. City Attorney Bruce D. Malkerson statement: It is my opinion Mayor Van Nest does not have a conflict of interest. I also provide. legal services for others including Mr . Lowe. Alan Olson,` City Planner, reviewed the request of Bruce Hepp for a subdivision at 2605 West Lafayette - Road. Mr. Hepp reviewed his application commenting that I believe I am only asking for what is consistent with the area. My proposal has no adverse impact on the lake , wetlands, or the area. I do concur with the Planning Commission recommendations. Mr. Tom Lowe, 2630 West Lafayette Road, reviewed past history of the area, deed restrictions for each property commenting that the restrictions were clear in allowing one home for each lot. Mr . Hepp ' s 2 . 8 acres is not all buildable ground. Variances have to be granted and I do not believe they have been applied for . Mr. Lowe presented a map showing owners of 'lots in the area and the owners opposed and owners not opposed to Mr . Hepp ' s subdivision. Nine opposed - three not opposed. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 17 , 1980 Page 4 Mr . Lowe continue� by stating that Lot 9 has SUBDIVISION 40 feet of frontage on Lafayette Road. If this 2605 Wejt Lafayette proposed subdivision were allowed, it would mean (Continued) that three single family residences would be using • driveways fronting on a 40 foot lot. Almost all of the lots in Shore Hills, at one time or another, had or have now, a deed restriction providing that only one single family dwelling be built on a lot. It is obvious that the intent o'f the developer and the buyers of those lots were , that the area would remain devoted to large lots with only one house per ' lot. The Hepp property has only one sewer and water assessment. If the intent of the Council were to allow higher density in this area, it would have provided sewer and water at an earlier date for more connections. Mr . Hepp: To my knowledge , there are no variances required. Russell Baumgardner, 2601 West Lafayette Road: I am concerned with increased traffic in the area. There are traffic problems now and we would like the area to remain as originally platted. Mr. Hepp: My intent is to improve the area and not ` disrupt or cause diminution in value of other properties. Mayor Van Nest: I have many concerns : does this proposal meet all of the performance standards of our code? Will variances be requested after this area is divided, if so, I would like to identify variances that might be required. The lot, if created, would not have access to navigable water. We do, at times, have to ` address a subdivision that develops an entire area. ' But it appears that this subdivision request will cause the need for many variances=--driveway, setbacks, easements have to be addressed if another home is built on this lot. Nine out of twelve residents oppose this proposal and if variances are required, we should address that now. ' Paurus moved, Mayor Van Nest seconded, to direct staff to submit a resolution to deny the subdivison request of Bruce Hepp, 2605 West Lafayette Road, for the January 12 , 1981 Council meeting. Discussion followed. Councilman Hannah: A property owner does have some rights. The need for variances are very vague . Councilmember Hurr : I would have a problem denying this application based upon the information we now have . (Continued) REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 17 , 1980 Page 5 Councilmember Butler: I think we can apply SUBDIVISION conditions to control variances. I cannot 2605 W. Lafayette Rd. agree to motion as stated. It appears to be (Continued) allowable as far as acreage is concerned. Councilmember Paurus: We have to address our code if this is the case . Mayor Van Nest: Acreage requirements cannot be the only criteria we should consider when receiving a subdivision request. Motion, Ayes (2) - Nays (3) . Councilmembers Butler, Hannah, and Hurr, Nay. Motion failed. Hannah moved, Hurr seconded, to table the subdivision request of Bruce Hepp, 2605 West Lafayette Road, until January 12, 1981 for legal and staff review of lot width, site access, easements, and other data pertinent to a sub- division request of this nature involving the need for variances. Motion, Ayes (5) - Nays (0) . Hurr moved, Mayor Van Nest seconded, that based upon Exhibit C, which is the current plan, the City will not approve riparian riqhts or transfer of rights for an easement or dockage on the lake for the newly created lot, if in fact it is created. Motion, Ayes (4) - Nays (0) . Councilmember Hannah abstained. Councilmember Hannah left the Council meeting at 9 :45 P.M. Alan Olson, City Planner, reviewed the request of REZONING/IRB Nelson-Crear for a rezoning/IRB at 3701 Shoreline 3701 Shoreline Drive Drive, Council directed staff to investigate #583 standards for establishing industrial revenue Nelson/Crear bond policy, fire code and sprinkler policy. Complete information on file with these minutes in the City Clerk' s office . Alan Olson, City Planner, reviewed with the City SUBDIVISION Council the request of George Hussman, 3660 Shore- 3660 Shoreline Drive line Drive , for a subdivision/PRD. #585 George Hussman The City Council discussed several concerns with the proposed plat of this area, which were : 1 . All units shall be served internally 2 . Dead-end street platted to west of property line 3 . Single curb-cut for access onto County Road #15 Mayor Van Nest moved, Hurr seconded, to advise Mr. Hussman that Council will consider reapproving a plat for this site provided the concerns and conditions of the first plat approval are met. Motion, Ayes (4) - Nays (0) , REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 17 , 1980 Page 6 Paurus moved, Mayor Van Nest seconded, to,a. adopt ORDINANCE NO. 233 Ordinance No. 233 , An Ordinance Adopting The Current 1980 UBC 1980 Edition Of The Minnesota State Building Code . Motion, Ayes (4) - Nays (0) . , Alan Olson, City Planner, reviewed with the City NEIGHBORHOOD STATISTICS Council a letter from the Office of Planning & Planning Commission Development, dated December 1 , 1980 , concerning a neighborhood statistics program. Paurus moved, Mayor Van Nest seconded, to approve sending a letter to Ms. Joanne Eitzen, Neighborhood Statistics Program, U. S. Bureau of the Census, and requested an ordinance to be drafted appointing two representatives of the Planning Commission from the rural areas, two from the urban areas, and three at large authorizing the Mayor and Administrator to sign letter. Motion, Ayes (4) - Nays (0) . Paurus moved, Hannah seconded, to approve a report PUBLIC WATERS INVENTORY* presented to the City Council by Alan Olson, City Planner, concerning the Hennepin County Public Waters Inventory dated December 8 , 1980 . Motion, Ayes (5) - Nays (0 ) . Alan Olson, City Planner, reviewed with the City Council a report by Jeanne Mabusth, Zoning SOLID WASTE SITE Administrator, concerning the Hennepin County Solid PROGRAM Waste Site Selection Program dated December 11, 1980 . Paurus moved, Butler seconded, to approve Payment #1 PAYMENT #1 to Latour Construction in the amount of $44 , 812 . 40 . Latour Construction Motion, Ayes (4) - Nays (0 ) . Butler moved, Hurr seconded, to approve the pay- PAYMENT #2 ment #2 to G & L Contracting in the amount of G & L Contracting $143 , 879 . 89 . Motion, Ayes (4) - Nays (0) . Glenn Cook, City Engineer, reviewed with the PERMITS & CONNECTIONS City Council from the Metropolitan Waste Control MWCC Commission dated December 4 , 1980 , concerning three permits for connection to or use of Commission facilities. Paurus moved, Mayor Van Nest seconded, to approve TRAFFIC SIGNS three-way stop signs at Fox Street and Old Crystal Fox St. & Old Crystal Bay Road allowing through traffic to the north. Bay Road Motion, Ayes (4) - Nays (0) . . R E G U L A R M E E T I N G O F T H E O R O N O C O U N C I L, D E C E M B E R 1 7, 1 9 8 0 P a g e 7 Glenn Cook, City Engineer, reviewed with the City EASEMENT ACQUISITIONS Council a status report concerning the acquisition 1980-LS-1 & LS-2 of easements for 1980-LS-1 & LS-2 . Glenn Cook City Engineer, reviewed with the City NARROWS BRIDGE Council a letter from Hennepin County Department of Transportation concerning the Narrows bridge construction for the summer of 1981. Mayor Van Nest moved, Paurus seconded, to approve � the repair for the Narrows bridge during the summer of 1981 per the letter from the Hennepin County Department of Transportation dated November 20 , 1980 , subject to maintaining boat traffic under the bridge at all times. Motion, Ayes (4) - Nays (0 ) . Glenn Cook, City Engineer, reviewed with the City UTILITY RELOCATION Council the utility relocation at Highway #12 and #12 & Old Crystal Bay Rd: the Old Crystal Bay Road. I, Mayor Van Nest moved, Butler seconded, to acquire EASEMENT APPRAISALS new appraisals of property values for the traffic #12 & Old Crystal Bay Rd. signal at Highway #12 and the Old Crystal Bay Road. Motion, Ayes (4) - Nays (0) . Mayor Van Nest moved, Butler seconded, to authorize QUICK TAKE quick take if the City cannot neqgitate settlement #12 & Old Crystal Bay Rd, for easements for the traffic signal at Highway #12 and the Old Crystal Bay Road. Motion, Ayes (4 ) - Nays (0) . Glenn Cook, City Engineer, reviewed with the City METERING MANHOLES Council a letter received from Bernard Harrington, 1980-LS-1 & LS-2 Metropolitan Waste Control Commission, concerning metering manholes at West Ferndale Road and Orono Lane. : Mayor Van Nest reviewed with the City Council a LAKE MINNETONKA MAYORS letter received from Mayor Edward Quest, Deephaven, FORUM concerning a forum for Lake Minnetonka Mayors. Councilmember Butler informed the City Council that CABLE TV MEETING the next meeting of the Cable TV Committee will be held January 8 , 1981 at 7 : 30 P.M. at the Orono Council Chambers. . REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 17, 1980 Page 8 The minutes of the meeting of the Light Rail LIGHT RAIL TRANSIT Transit Coordinating Group dated October 21 , 1980 were presented to the City Council. Paurus moved, Hannah seconded, to adopt Resolution RESOLUTION #1234* #1234 , A Resolution Opposing Jail Fees. Motion, Jail Fees Ayes (5) - Nays (0) . Paurus moved, Hannah seconded, to award the INSURANCE BIDS* insurance bid to the League of Minnesota Insurance Trust for the year 1981 and Dram Shop Liability to the James Company. Motion, Ayes (5) - Nays (0) . Paurus moved, Hannah seconded, to approve the CDBG ANALYSIS* Community Development Block Grant Analysis dated December 9 , 1980 . Motion, Ayes (5) - Nays (0) . Paurus moved, Hannah seconded, to approve the 1981 POLICE CONTRACT* Police Contract for 1981. Motion, Ayes (5) - Nays (0) . Paurus moved, Hannah seconded, to accept the RESIGNATION* resignation of Don Boll, Utility Foreman, Don Boll effective January 5 , 1981. Motion, Ayes (5) - Nays (0) . Paurus moved, Hannah seconded, to accept the RESIGNATION* - resignation of Gerald Beach, City Forester, Gerald Beach effective November 1 , 1980 . Motion, Ayes (5) - Nays (0) . Paurus moved, Hannah seconded, to accept the RESIGNATION* resignation of Karen Pederson, Liquor Store Karen Pederson Clerk, effective December 18 , 1980 . Motion, Ayes (5) - Nays (0 ) . Paurus moved, Hannah seconded, to accept the RESIGNATION* resignation of Deborah Massengale , Park Deborah Massengale Commission member , effective December 2 , 1980 . Motion, Ayes (5) - Nays (0) . Paurus moved, Hannah seconded, to approve the THIRD QUARTER Third Quarter Comparisons for the Building COMPARISIONS* and Zoning Department, dated December 1 , 1980 . Building & Zoning Motion, Ayes (5) - Nays (0) . REGULAR MEETING OF THE ORbNO COUNCIL, DECEMBER 17, 1980 Page 9 Paurus moved, Butler �econded, to approve the APPOINTMENT appointment of Judit� E. Munsch, Police Officer, Judith Munsch at a starting rate of $1 , 236 . 61 per month, effective Jaunary l, 1981. Motion, Ayes (4 ) - , ' Nays (0) . Paurus moved, Butler seconded, to approve the APPOINTMENT appointment of Bradley P. Johnson, Police Bradley Johnson Officer, at a starting rate of $1, 710 . 85 per month, effective ,7anuary l, 1981. Motion, � Ayes (4) - Nays (0) . Paurus moved, Butler seconded, to approve the APPOINTMENT appointment of James Morowezynski, Police Officer, James Morowezynski at a starting rate of $1, 710 . 85 per month, effective January 1, 1981. Motion, Ayes (4) - Nays (0) . Paurus moved, Hannah seconded, to approve the CIVIL DEFENSE PLAN* 1981 Civil Defense Plan. Motion, Ayes (5) - ' Nays (0) . Paurus moved, Hannah seconded, to adopt Resolution RESOLUTION #1235* #1235 , A Resolution Authorizing The Mayor And Older Adults Counseling City Administrator To Enter Into An Agreement With The Westonka Counseling For Older Adults For Services. Motion, Ayes (5) - Nays (0 ) . Paurus moved, Hannah seconded, to approve the AGREEMENT* Ag�eement for the Westonka Counseling For Older Older Adults Counseling Adults Program. Motion, Ayes (5) - Nays (0) . Paurus moved, Hannah seconded, to approve the GOLF COURSE RECEIPTS* Orono Golf Course Receipts for 1980 , dated November 28 , 1980 . Motion, Ayes (5) - Nays (0) . Mayor Van Nest moved, Butler seconded, not to LIGHT EQUIPMENT OPERATOR fill position for a light equipment operator at this time and to evaluate the need in the spring of 1981. Motion, Ayes (4) - Nays (0) . Paurus moved, Hannah seconded, to approve a JOINT MEETING* joint meeting for the Planning Commission and January 7, 1981 City Council for ,7anuary 7 , 1981 at 7 : 30 P.M. Motion, Ayes (5) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 17, 1980 Page 10 Paurus moved, Hannah seconded, to �dopt ORDINANCE NO. 234* Ordinance NO. 234 , An Ordinance Amending Navarre Parking Lot Chapter 53 Of The Orono Municipal Code Relating To Parking On Streets And Municipal Parking � Lots Regulations. Motion, Ayes (5) - Nays (0) . Paurus moved, Hannah seconded, to approve the TRANSFER* transfer of Liquor Operating and Sewer Op�rating Liquor & Sewer to Funds to the General Fund Operations, in the amount General of $40 ,000 . Motion, Ayes (5) - Nays (0) . ' Paurus moved, Hannah seconded, to approve the TRANSFER* transfer of Liquor Operating and Sewer Operating Liquor & Sewer to to General Fund Emergency Contingency Account General �mergency in the amount of $30 , 000 . Motion, Ayes (5) - Nays (0) . Paurus moved, Hannah seconded, to approve the TRANSFER* transfer of $6 , 718 from the General Fund - Front-end Loader Pay- Street Department, to the Equipment Outlay Back Fund for the Front-end Loader payback. Motion, Ayes (5) - Nays (0) . Paurus moved, Hannah seconded, to approve the TRANSFER* transfer of $5,000 from the Sewer Operating Sewer Operating to Fund to the P . I .R. Fund. Motion, Ayes (5) - P. I . R. Fund Nays (0) . Paurus moved, Hannah seconded, to approve the TRANSFER* transfer of $1b ,000 from the General Fund to the General Fund to Improvement and Equipment Outlay Fund. Motion, Equipment Outlay Fund Ayes (5) - Nays (0) . � Paurus moved, Hannah seconded, to approve the TRANSFER* transfer of $3 ,009 to the Debt Service Fund from Debt Service to Sewer the Sewer Operating Fund. Motion, Ayes (5) - Operating Fund Nays (0) . Paurus moved, Hannah seconded, to approve the TRANSFER* transfer of $33 , 744 . 22 from the Revenue Sharing Revenue Sharing to Fund to the General Fund. Motion, Ayes (5) - General Fund Nays (0) . Paurus moved, Hannah seconded, to approve the TRANSFER* transfer of $2 , 525 from the Water Operating Water Operating to Fund to the Sewer Operating Fund. Motion, Sewer Operating Ayes (5) - Nays (0 ) . REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 17', 1980 Page 11 Mayor Van Nest moved, Hurr seconded, to deny � LEGHOLD TRAP PERMIT limited leg hold trap permit to Robert Stiles, DENIAL 1801 Lakeview Terrace. Motion, Ayes (4) - Robert Stiles Nays (0 ) . Paurus moved, Butler seconded, to appoint Mayor APPOINTMENT Van Nest to the Metropolitan Waste Control M.W.C.C. Advisory Board Advisory Board. Motion, Ayes (4) - Nays (0 ) . Mayor Van Nest moved, Paurus seconded, to adopt RESOLUTION #1236 Resolution #1236 , A Resolution Designating 1981 Appointments Appointments For The Year 1981. Motion, Ayes (4) - Nays (0) . Paurus moved, Mayor Van Nest seconded, to adopt RESOLUTION #1237 Resolution #1237 , A Resolution Establishing 1981 Salaries Salaries For City Employees For 1981 . Motion, Ayes (4) - Nays (0) . Paurus moved, Butler seconded, to reappoint REAPPOINTMENT Barbara Peterson to the Park Commission for Barbara Peterson another three-year term. Motion, Ayes (4) - Nays (0 ) . Paurus moved, Butler seconded, to reappoint REAPPOINTMENT Lee Erger to the Park Commission for another Lee Erger three-year term. Motion, Ayes (4) - Nays (0) . Mayor Van Nest moved, Butler seconded, to REAPPOINTMENT reappoint Gloria McDonald �o another three- Gloria McDonald year term to the Planning Commission. Motion, Ayes (4) - Nays (0 ) . f Mayor Van Nest moved, Butler seconded, to REAPPOINTMENT reappoint George Rovegno, Jr . to another George Rovegno three-year term to the Planning Commission. Motion, Ayes (4) - Nays (0) . The two expired terms on the Human Rights HUMAN RIGHTS COMMISSION Commission will be filled at a later date . Dick Benson, City Administrator, presented 201 PLAN the City Council with a 201 Plan that does not refer to the Maple Plain Treatment Plant. He stated that he discussed this with Mr. John Tomasselli, John Harrington, and Jack Fro�t who are involved with this planning process, and have been assured that the Metropolitan Council will approve upgrading the plant through 1985. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 17, 1980 Page 12 Followup Comment 201 PLA� (Continued) , Mr. David Kanes, Metropolitan Waste Control 'Commission, called and commented that the plan for the Maple Plain Plant operation as outlined in Mr. Dick Dougherty ' s letter dated August 28 , 1980 , has also been submitted to the Pollution Control Agency and Environmental Protection Agency for their approval , which should happen . sometime in January or February, 1981. Mayor Van Nest moved, Paurus seconded, to approve PAYMENT - LMCD payment of $899 .05 to the Lake Minnetonka North Star Marina Conservation District for a brief concerning the North Star Marina. Motion, Ayes (4) - Nays (0 ) . Bruce Malkerson, City Attorney, presented the SEWER ASSESSMENT APPEAL City Council with a letter to Newell Weed, Jr . , Newell Weed, Jr. 1385 Orono Lane , dated November 28 , 1980 concerning a sewer assessment appeal . Hurr moved, Paurus seconded, to approve payment PAYMENT - 73-1 PROJECT to Richard Franzel, 800 North Arm Drive, in the Richard Franzel amount of $11, 000 for an easement for the 73-1 sewer project. Motion, Ayes (4) - Nays (0) , Bruce Malkerson, City Attorney, discussed the 1980 MARINA LICENSES 1980 Marina licenses for the North Star Marina and North Shore Drive Marina. Bruce Malkerson, City Attorney, discussed with VELIE/GIBBS LAKE ACCESS the City Council a letter from Thomas Crosby, Jr. , attorney for Merrill Gibbs concerning the lake access at Maxwell Bay. . Paurus moved, Mayor Van Nest seconded, to table LAND APPRAISAL until the Council meeting of January 12 , 1981 H. R. Johnston the H. R. Johnston land appraisal item. Motion, Ayes (4) - Nays (0 ) . Mayor Van Nest moved, Paurus seconded, to direct FEASIBILITY STUDY the City Engineer to prepare an engineering Water - Industrial Area feasibility study not to exceed $3, 000 for water at the Orono Industrial Area. Motion, Ayes (4) - Nays (0) . Mayor Van Nest moved, Paurus seconded, to LIQUIDATED DAMAGES authorize the City Administrator to negotiate Buffalo Bituminous a settlement for not less than $7, 000 for liquidated damages for Buffalo Bituminous. Motion, Ayes (4) - Nays (0) . R REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 17, 1980 Page 13 Mayor Van Nest moved, Paurus seconded, to CIT-Y ASSET APPRAISALS approve a fixed asset appraisal and ledger Marshall & Stevens , Znc. ' � as bid by Marshall and Stevens Incorporated not to exceed $5, 800 . Motion, Ayes (4 ) - Nays (0) . Paurus moved, Hannah seconded, that the LICENSES* following licenses, be approved: Motion, ' Ayes (5) - Nays (0 ) . Fritz Repair - Septic System Installer Ingleside Engineering & Construction, Inc. - Well Driller Nikko & Nouis Plumbing - Plumber E. H. Renner & Sons, Inc. - Well Driller Stevens Well Drilling Company, Inc. - Well Driller Don Stodola' s Well Drilling Company, Inc . - Well Driller Sullivan ' s Service, Inc . - Septic System Installer Paurus moved, Hannah seconded, that the All BILLS* Funds Accounts and the Liquor Store Accounts, be paid. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, that the meeting ADJOURNMENT be adjourned at 12 : 20 A. M. Motion, Ayes (4) - Nays (0 ) . , _ . � William B. an Nest, Mayor Attest: � Walter . Benson, City Administrator