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HomeMy WebLinkAbout01-12-1981 Council Minutes . � n CITY OF ORONO Regular Meeting of the Orono Council, 7:00 P.M. January 12 , 1981 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 Planner Olson, City Engineer Cook, City Attorney Steilen, and City Clerk Strom. Absent: City Administrator Benson and City Attorney Malkerson. Mayor Van Nest announced that now was the time PUBLIC HEARING and place for the public hearing concerning Industrial Revenue Bonds Industrial Revenue Bonds for the Nelson/Crear Nelson/Crear property at 3701 Shoreline Drive. The City Clerk presented the Notice of Public Hearing and the Affidavit of Publication. No one was present for the public hearing. Mayor Van Nest closed the hearing at 7 :02 p.M. At 8 :00 P,M. Mayor Van Nest announced that now PUBLIC HEARING, 8 :00 P.M. was the time and place for the public hearing CDBG REALLOCATION FUNDS to consider reallocation of unused Community Development Block Grant funds from inactive park and planning projects to active projects such as low and moderate income housing rehabilitation. The City Clerk presented the Notice of Public Hearing and the Affidavit of Publication. No one was present concerning the public hearing. Mayor Van Nest closed the public hearing at 8 :05 P.M. Butler moved, Mayor Van Nest seconded, to table the resolution for reallocation of unused community development block grant funds until the January 26 , 1981 Council meeting. Motion, Ayes (5) - Nays (0 ) . . Butler moved, Hurr seconded, to approve the CONSENT AGENDA* Consent Agenda*, subject to removing item #44 , 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) . Judith Munsch, Bradley Johnson, and James NEW POLICE OFFICERS Morowezynski,newly appointed police officers, were introduced to the public by Mayor Van Nest. At 7 : 05 P.M. , Chief of Police Kilbo arrived and introduced Mark Tomszyk, newly appointed police officer, to the City Council and the public. REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 12, 1981 Page 2 Patrick Farnand sent the City Council a letter LAKE AREA SPORTS ARENA expressing his regrets for not being able to appear at this Council meeting to request funds for the Lake Area Sports Arena. No comments from the Park Commission. PARK COMMISSION Councilman Paurus, Orono 's representative to LMCD REPORT the Lake Minnetonka Conservation District, reported to the City Council of vandalism on Lake Minnetonka. He also informed the City Council of an ordinance on lake shore vegetation, and also on a proposal for Painters Creek guality and quantity of water flow improvements. Mayor Van Nest moved, Butler seconded, to adopt ORDINANCE NO. 235 Ordinance NO. 235, An Ordinance To Amend The Amend Planning Commission Municipal Code Of Orono By Amending Section 7.020 Relating To The Composition Of The Planning Commission, as amended. Mvtion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to approve a JOINT MEETING* joint Planning Commission/Council meeting for February 4 , 1981 Wednesday, February 4 , 1981 at 7:30 P.M. Motion, Ayes (5) - Nays (0) . Alan Olson, City Planner, discussed with the COMPREHENSIVE PLAN City Council Orono ' s Comprehensive Plan stating that the Metropolitan Council is now reviewing the plan. Alan Olson, City Planner, discussed with the SPRING PARK RESPONSE City Council Spring Park ' s response to Orono ' s Comprehensive Plan. No comments from the public prese�t. PUBLIC COMMENTS Alan Olson, City Planner, reviewed with the INDUSTRIAL REVENUE City Council his memo concerning Industrial POLICY Revenue Bond Policy dated January 8 , 1981. The City Council sugg�sted that the City Planner contact the Cities of Minnetonka and Plymouth for their applications concerning Industrial Revenue Bonds to be discussed at the joint Council and Planning Commission meeting on February 4 , 1981. REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 12, 1981 Page 3 Alan Olson, City Planner, reviewed with the FIRE PROTECTION City Council his memo concerning fire protection systems dated January 8 , 1981. Paurus moved, Butler seconded, to amend Ordinance No. 223 to include smoke a.nd fire detection devices for commercial , industrial , and multiple dwellings, and fi�e lanes marked with signs. Motion, Ayes (5) - Nays (0) . Alan Olson, City Planner, reviewed with the REZONING & REVENUE BONDS City Council the rezoning and building plans 3701 Shoreline Drive for Nelson/Crear at 3701 Shoreline Drive. #583 Nelson/Crear Louis B. Oberhauser was present representing Mr. McQueen, owner of the property at 3701 Shore- line Drive. Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1238 Resolution #1238 , A Resolution Giving Preliminary Revenue Bonds Approval To A Proposed Industrial Development Project By Nelson-Crear Under The Municipal Industrial Development Act And Authorizing Submission Of An Application To The Commissioner Of Securities For Approval Thereof, subject to commercial or institutional purchasers of the bonds. Motion, Ayes (5) - Nays (0) . Jon Nelson, Developer, was present and discussed his plans for 3701 Shoreline Drive. Butler moved, Paurus seconded, to adopt Ordinance ORDINANCE NO. 236 No. 236, An Ordinance Amending The Municipal Code Rezone - Block 7 Of Orono By Rezoning Certain Property In Block 7, Townsite of Langdon Park Townsite Of Langdon Park, except wetlands,are hereby rezoned B-l. Motion, Ayes (5) - Nays (0) . Butler moved, Hannah seconded, to give preliminary approval to the s�te plan at 3701 Shoreline Drive subject to the following conditions: 1. Legal lot combination for tax purposes prior to building permit approval 2. Submittal of complete plans and a conditional use permit application for the bridge linking this parking lot with the church property. 3. Submittal of complete plans for grading, land- scaping and surface water skimmer for review by staff and City Engineer prior to building permit approval . 4 . Submittal of final building plans for approval by the City Council prior to permit issuance. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 12 , 1981 Page 4 5. Payment of additional fees including: SITE PLAN a. three sewer unit charges : $225 each = $675 3701 Shoreline Drive b. Three SAC unit charges (Continued) . c. Park dedication fee d. Building permit and plan review fees. Motion, Ayes (5) - Nays (0) . Alan Olson, City Planner, reviewed with the SUBDIVISION City Council the application for a subdivision 2605 West Lafayette Rd. for Bruce Hepp at 2605 West Lafayette Road, #545 dated December 30 , 1980 . Bruce Hepp Mr . Franz Jevne, attorney for Bruce Hepp, and Bradley Hepp were present. Mr. Jevne presented a letter to the City Council concerning the subdivision request of his client, dated January 12 , 1981. Mayor Van Nest moved, Hannah seconded, to table the request of Bruce Hepp for a subdivision at 2605 West Lafayette Road, for time to revi�w the letter from Mr. Jevne that was presented to them this evening. Motion, Ayes (5) - Nays (0) . Mr.Orton Wisegarver and his attorney, Louis B. CONDITIONAL USE PERMIT Oberhauser, were present. ' 3800 wayzata Boulevard #561 Hannah moved to table the conditional use permit for Keller 's Market Orton Wisegarver for Keller 's Market, 3800 Wayzata Boulevard, for Mr. Oberhauser to review the proposed resolution. Mayor Van Nest secondedfb� discussion purposes. Discussion included repair of on-site septic system, mechanical permits, $10 ,000 performance bond, and making the lights on the sign inoperable. Motion, Ayes (1) - Nays (4) . Councilmember Hannah Aye. • Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1239 #1239, A Resolution Finding Facts And Denying Deny Kellers Market The Variance And Conditional Use Permit Applications Made By Orton And Vicki Wisegarver. Motion, Ayes (4) - Nays (1) . Councilmember Hannah Nay. Alan Olson, City Planner, reviewed with the City VARIANCE Council the variance request of Richard Lorge , 2697 Casco Point Road 2697 Casco Point Road. #581 Richard Lorge Mr. Lorge and his attorney, Louis B. Oberhauser, were present. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 12, 1981 Page 5 Paurus moved, Hurr seconded, to table the request VARIANCE of Richard Lorge, 2697 Casco Point Road, for a 2697 Casco Point Road variance to allow Mr. Oberhauser time to present (Continued) written explanation of applicant ' s claimed hardships. Motion, Ayes (3) - Nays (2) . Councilmembers Butler and Hannah Nay. Alan Olson, City Planner, reviewed with the City SUBDIVISION Council the subdivision request of Lindgren 4505 West Branch Road Properties for 4505 West Branch Road, dated #588 January 5, 1981. Lindgren Properties Hurr moved, Butler seconded, to give preliminary approval for the subdivision request of Lindgren Properties, subject to the following conditions: 1. Two lot subdivision per preliminary survey dated July 26 , 1977, as revised showing soil evaluation data. 2. This property does not abutt the channel shown located east of the property. Neither lot is riparian. There will be no existing or future lake access rights to this property. 3 . Drainfield sites are approved per Hickok reports dated October 30 , 1980 and November 24 , 1980 . 4 . Access to each lot will be directly off County Road #151. West Lot 1 to use existing access. New access to east Lot 2 must be located and approved prior to construction by City, Minnehaha Creek Watershed District, and Hennepin County Department of Transportation. 5 . No filling or alteration of wetlands is permitted except for the new driveway to Lot 2 and then only after approval as above. Motion, Ayes (5) - Nays (0 ) . Mayor Van Nest reviewed the subdivision for H. R. SUBDIVISION Johnston for the purchase of City property. #582 H.R. Johnston Paurus moved, Hannah seconded, to approve the amount of $8 ,000 for 1. 2 acres of City property conditioned on the following: 1 . Six lot subdivision per preliminary survey dated September 10 , 1980 . 2 . On-site soil evaluation and drainfield areas approved per Michael Gaffron memo dated October 30 , 1980 . (Continued) REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 12 , 1981 Page 6 3 . Approval contingent upon inclusion of SUBDIVISION approximately 1. 12 acres of land to be H. R. Johnston purchased from the City with this land, (Continued) the average buildable lot size is 2 . 16 acres. Without this land, the average lot size would have been 1. 97 acres. 4 . Approval includes variance for lot area of proposed Lot 4 , finding that overall plat density exceeds required 2.0 acres/lot, and that Lot 4 does have an approved drainfield site. 5 . Access to all lots shall be from a new private road shown as Outlo� D, not directly from Willow Drive. 6 . Existing paved driveway running through Lot 1, Block 3 must be completely removed, graded over and reseeded prior to final plat approval. Willow Drive ditch to be restored to the approval of the Public Works Department, septic area on Lot 1, Block 3 to be staked and protected during this work. 7 . Submit engineering plans for the new private road to be approved by the City Engineer. Motion, Ayes (4) - Nays (1) . Councilmember Hurr Nay. Butler moved, Hannah seconded, to approve the CDBG YEAR VII* Community Development Block Grant, Year VII application. Motion, Ayes (5) - Nays (0) . Hannah moved, Butler seconded, to approve the RECODIFICATION PROGRAM Codification Proposal of Municipal Ordinance Codifiers, Inc. , as presented in order to begin process of necessary work. Motion, Ayes (4) - Nays (1) . Councilmember Hurr Nay. Butler moved, Hurr seconded, to table the PROPOSED ORDINANCE proposed ordinance establishing a moratorium on MORATORIUM subdivision, variances, and conditional use permits in Lakeshore Zoning Districts. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to call a special SPECIAL MEETING meeting for Wednesday, January 21, 1981 at January 21, 1981 7 : 30 P.M. Motion, Ayes (5) - Nays (0) . Councilmember Butler left the meeting at 12 :00 midnight. REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 12 , 1981 Page 7 Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1240* #1240 , A Resolution Approving A Special Assessment Basil Young Deferment For Basil M. Young. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to approve the MINNESOTA ENVIRONMENTAL memo from Alan Olson, City Planner, concerning POLICY ACT* Minnesota Environmental Policy Act, review of proposed rule amendments, dated December 22, 1980 . Motion, Ayes (5) - Nays (0) , Paurus moved, Hannah seconded, to approve the CHANGE ORDER #2 Change Order #2 for G. & L Contracting in the G & L Contracting amount of $3, 543 . Motion, Ayes (4) - Nays (0) . Glenn Cook, City Engineer, presented the City MARINA SEWER LINE Council with a letter concerning the construction of sewer lines at the marina area dated December 18 , 1980 . Glenn Cook, City Engineer, presented the City NARROWS BRIDGE Council with a letter concerning traffic control at the Narrows bridge dated December 18 , 1980 . Mayor Van Nest moved, Hannah seconded, to approve CHANGE ORDER #1 Change Order #l, for E. H. Renner & Sons, for E. H. Renner Bederwood Park well, in the amount of $1, 125. Bederwood Well Motion, Ayes (4) - Nays (0) . Mayor Van Nest moved, Hannah seconded, to approve PAYMENT #1 the payment to Nodlund Construction in the amount Nodlund Construction of $30 , 957. 70 . Motion, Ayes (4) - Nays (0) . Mayor Van Nest moved, Hannah seconded, to approve PAYMENT #2 the payment #2 to Latour Construction in the amount Latour Construction of $31,425.29 . Motion, Ayes (4) - Nays (0 ) . Mayor Van Nest moved, Hannah seconded, to approve PAYMENT #3 the payment #3 to G. L. Contracting in the amount G. L. Contracting of $11,098. 81. Motion, Ayes (4) - Nays (0) . Butler moved Hurr seconded, to approve the letter MN/DOT LETTER* to Minnesota Department of Transportation regarding January 5, 1981 maintenance allowance of 25$ of the total. Motion, Aye s (5) - Nay s (0) . REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 12 , 1981 Page 8 The Lake Minnetonka Communities Mayor ' s Forum MAYORS FORUM minutes are included in the records of the City Clerk 's copy of these minutes. Mayor Van Nest moved, Hannah seconded, to adopt RESOLUTION #1241 Resolution #1241 , A Resolution Declining League Building Program Participation In The League Of Minnesota Cities ' Building Program. Motion, Ayes (4) - Nays (U) . Hurr moved, Hannah seconded, to appoint Mayor APPOINTMENTS Van Nest to the Minnehaha Creek Watershed MCWD Advisory Committee District Advisory Committee and Councilmember Butler as alternate Oz� the Committee. Motion, Ayes (4) - Nays (0) . The next Cable TV Committee meeting will be CABLE TV REPORT held January 22 , 1981 at 7: 30 P.M. in the Orono Council Chambers. No comments from the transportation representa- TRANSPORTATION tive. Butler moved, Hurr seconded, to approve the 1981 NI.A.P. S. I . CONTRACT* MAPSI Contract for 1981. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to approve the AGREEMENT & SETTLEMENT* Agreement of Compromises and Settlement with Buffalo Bituminous Buffalo Bituminous, Inc. , with final payment in the amount of $33, 600 . Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to approve the BIKE SAFETY PROGRAM* Bike Safety Program and to request funds from the Minnesota Department of Education,Traffic Safety Education Unit. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to approve a PUBLIC HEARING DATE* public hearing to consider the petition Sandy Beach concerning Sandy Beach swimming area for February 23 , 1981 February 23, 1981 at 7 :00 P.M. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to approve the POWER RECEPTACLE* bid from Allstar Electric for an emergency Allstar Electric power receptacle in the amount of $1 , 960 . Motion, Ayes (5) - Nays (0 ) . REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 12, 1981 Page 9 Butler moved, Hurr seconded, to approve the LIQUOR STORE REPORT* Third-Quarter Liquor Store Report dated Third Quarter December 19, 1980 . Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to approve a refund REFUND* to Minnesota Federal Savings and Loan Association Minnesota Federal S & L in the amount of $205. 55 due to an incorrect assessment. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to approve the 1981 1981 FIRE CONTRACT* Wayzata Fire Contract in the amount of $7,248. Wayzata Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to approve the MWCC CHARGE & CREDITS* Metropolitan Waste Control Commission Charge and Credits, per the memo from Tom Kuehn, Finance Director, dated January 5, 1981. Motion, Ayes (5) - Nays (0) . Hurr moved, Hannah seconded, to table the INSURANCE TRUST appointment for a trustee to the League of Appointment Minnesota Cities Insurance Trust. Motion, Aye s (4) - Nay s t 0) . Butler moved, Hurr seconded, to authorize BIDS & SPECIFICATIONS� John Gerhardson, Public Works Coordinator, Backhoe to prepare bids and specifications for a new tractor loader backhoe for the Public Works Department. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to approve HENNEPIN COUNTY ASSESSOR* Glen Busitzky as Orono 's assessor from Hennepin County Assessing. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to approve the MWCC LETTER* letter to George Lusher, Metropolitan Waste January 5, 1981 Control Commission, dated January 5, 1981. Motion, Ayes (5) - Nays (0) . Letter - Pages 10 & 11 - � ' � , Page 10 � ° C I'r1' of UI�O1�T0 �'� �,� , Post Uffice Kox 66•Crystal Bay, Minnesota 55323•Municipal Officee J� ; , �,�=�������� On the Norlh Shore oJ Lake hlinnetonka ___� January S , 1981 � Mr. George Lusher Chief Administrator Metropolitan Waste Control Commission 350 Metro Square Building . 7th & Robert Streets St. Paul , Minnesota 55101 Dear Mr. Lusher: If I could take a few minutes of your time, I would like to review with you the City of Orono 's concerns with the 201 Facilities Plan addendum adopted by the Metropolitan Waste Control Commission on September 16 , 1980 . The Plan I am referring to was received by� the City of Orono on December 4 , 1980 . Since this Plan will directly affect the City of Orono in the near future, we feel the Plan requires our most immediate attention. ' On April 3 , 1980 and April 14 , 1980, your predecessor Chief Administrator Richard Dougherty, recommended to the Metropolitan Waste Control Commission- that- the preferred 201 Plan be amended to defer a final decision on the Maple Plain Treatment Plant located two miles west of the City of Orono until 1985-1986 . , - Between the present time and 1985-1986 , the Commission was to install phosphorous removal equipment and additional filters, conduct an � I � I Study of the plant and sewer system and reevaluate the plant to determine its future. On August 14 , 1980, the City did enter into the record an official statement pertaining to the 201 report. i On August 28 , 1980, the City of Orono received an .acknowledgement of our official statement from Mr. Dougherty. . I BUILDING& ZONING- 473-7357 • ADMINIS7RATIOn& FINANCE - 473-7358 • PUBLIC h'ORKS - 473-7359 ASSESSIN G Page 11 0 Mr. George Lusher ' • � , � January 5, 1981 , ' • Page 2 • • � Our primary concern is that 'the 201 Facilities Plan, as adopted by the Metropolitan Waste Control Commission on September. l6 , 1980 by Resolution #80-209 does not express or include a�tions of the Metropolitan Waste Control Commission in regard to the Maple Plain sewage treatment plant. I did speak to Mr. David Karres, staff inember of your Commission, on December 8 , 1980 and he thought the Maple Plain treatment plant review was being handled separately from the adopted 201 Facilities Plan and its addendum. , The City of Orono feels that since the 201 addendum is being reviewed by the Environmenta2 Protection Agency, it shouid also include recommendations for the Maple Plain treatment plant. If you could provide us with additional information regarding what is being planned for the Maple Plain treatment plant, I would appreciate it. Thank you for your cooperation in this matter. Sincerely, W � � � Walter R. Benson • City lministrator " ' Enclosures • , cc: Salisbury Adams, Metropolitan Waste Control Commission Charles Weaver, Metropolitan Council REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 12 , 1981 Page 12 Butler moved, Hurr seconded, to approve the LONG LAKE LETTER* letter to Mayor Gallagher, Long Lake, from Mayor Gallagher Dick Benson, City Administrator , dated December 30 , 1980 . Motion, Ayes (5) - Nays (0) . Letter - Page 13 Butler moved, Hurr seconded, to approve the RESIGNATION* resignation of Kathy Hanlin, Building and Kathy Hanlin Zoning Secretary, effective January 9, 1981. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to approve the ORONO REPORTER* winter 1980-1981 edition of the Orono Reporter. Motion, Ayes (5) - Nays (0} . Butler moved, Hurr seconded, that the following LICENSES* licenses, be approved: Motion, Ayes (5) - Nays (0) . Backdahl & Olson Plumbing & Heating - Plumber Bergerson- Caswell, Inc. - Well Driller Earl W. Day & Son, Inc. - PZumber Hayes Excavating - Septic System Installer McGuire Plumbing & Heating - Plumber Penn Plumbing - Plumber Rogers Well Company - Well Driller Stant Plumbing & Heating - Plumber Thompson Plumbing Company - Plumber Westonka Plumbing & Heating - Plumber & Septic System Installer Butler moved, Hurr seconded, that the All Funds BILLS* Accounts and the Liquor Store Accounts, be paid. Motion, Ayes (5) - Nays (0) . Hurr moved, Hannah seconded, that the meeting ADJOURNMENT be adjourned at 12 :20 A. M. Motion, Ayes (4 ) - Nays (0) . G-., William B. Van Nest, Mayor Attest• . Walter . Bens n, City Administrator / " � Page 13 �' - , � � ,r � CITY of �ROl�O ��� Yust Office Box 66�Crystal Bay, Minnesota 55323•Municipul Offices �� � �` ������: On the North Shore of Lake Minnetonka .---- - - _ December 30 , 1980 Mayor Diane Gallagher 68 South Brown Road Long Lake , Mn . 55364 Oear Diane , I have tried to call you several times but have not been able to reach you . As you and I discussed several months ago you were in the final stages of finalizing the sewer agreement to a11ow Orono and Medina the opportunity to construct a by-pass pipe to allow for additional sewer capacity from the Medina Morningside area , and also additional sewer capacity for Orono ' s commercial and residential areas west of your city . Diane would you contact me and inform me of the status of the agreement before January 6th , so I can relay the infor- mation to our committee. Thanking you in advance and a Happy New Year to you and your family. Sincerely , �c�l' w a 1 t :�'e�r Cit Administrator WRB/msw BUILDING.t ZONING— 473-7357 • AUNINISTRATION&FINANCE —473-7358 • PUBLIC WORKS — 473-7359 .ccr.ce�v� .