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Home My WebLink About03-09-1981 Council Minutes •� . � CITY OF ORONO Regular Meeting of the Orono Council, 7 :00 P.M. March 9 , 1981 The Orono Council met on the above date with the following members present: Mayor Van Nest, Councilmembers Hannah, Hurr, and Paurus. Absent: Councilmember Butler . Also present: City Adminis- trator Benson, Zoning Administrator Mabusth, City Engineer Cook, City Attorney Malkerson, Public Works Coordinator Gerhardson, Planning Commission member Jabbour , and Park Commission Chairman Tomlinson. Mayor Van Nest announced that now was the time and PUBLIC HEARING place for the public hearing regarding a petition Willow Drive on the matter of closing Willow Drive between Fox Street and Brown Road South. City Administrator Benson presented the Notice of Public Hearing, the Affidavit of Publication, and the Certificate of Mailing. Petition "We, the undersigned residents living along a certain area of Willow Drive and in Webber Hills, are petition- ing the Village of Orono to request that an area of � Willow Drive between Brown Road and Fox Street be closed to thru traffic, by utilizing two cul de sacs as shown on the attached rough drawing and identifying said area with "dead-end" signs. We further feel that the proposal has considerable merit such as : 1. Safety for all existing residents due to present excessive traffic and speed. 2 . Less traffic will reduce road blisters and road maintenance to minimal proportions. 3 . Utilization of existing County Road #146 for thru traffic to main Highway #12 . 4 . Preservation of rural Orono atmosphere . 5. Reduction of traffic entry point to Highway #12 at school crossing. 6 . Business climate potentially enhanced by utilizing Brown Road to Long Lake. 7. Utilizes existing public land and would require virtually no or little privately owned land. 8 . Cul de sacs would offer new and refreshing beauty to Willow Drive . Nineteen signatures (Continued) REGULAR MEETING OF THE ORONO COUNCIL, MARCH 9, 1981 Page 2 � Glenn Cook, City Engineer, reviewed with the public PUBLIC HERRING the history of Willow Drive and the rationale for Willow Drive its closure. (Continued) Mayor Van Nest commented that there is a plan by Hennepin County to upgrade this street to a wider driving surface all the way to Hennepin County #15. The City feels this area should not accommodate a two or four lane improved highway. This area has unstable soil and contains a very valuable wetlands area. Any major street construction would have an adverse impact on the entire area. The City ' s cost to maintain this street with increased traffic counts have increased and it has become impossible to maintain the driving surface properly. Ann Denzin, 2175 Webber Hills Road: We are very concerned that the Shevlin Drive and Webber Hills Road will be used as a short cut for all vehicles, if Willow Drive is closed. Gerald Fesenmaier, 740 Willow Drive : The excessive traffic and condition of Willow Drive is not acceptable. Willow Drive should be closed. Phyllis Symoniak, 1155 Brown Road South: We prefer Willow Drive to be closed. Norman Thieste , 680 Willow Drive : Heavy trucks and increased traffic is a problem. Willow Drive being a swamp road cannot handle the traffic and it should be closed. Roy Beernink, 2110 Webber Hills Road: It appears that this proposal is a trade-off. Curt Quady, 1223 Brown Road South: I do not think the City should provide a private road for petitioners by closing the street. Gerald Fesenmaier, 740 Willow Drive : The street is full of holes now and every time it is repaired, it immediately reverts back to a bad surface . The street is a swamp and is not capable of handling heavy traffic. Burt Corwin, 1000 Willow Drive South: I have lived in the area for many years. The street is in better condition now than it ever has been. Increased traffic and existing conditions do not justify a through traffic street. Mayor Van Nest reguested a show of hands favoring closing Willow Drive - 14 ; not to close Willow Drive - 4 . Mayor Van Nest commented that it appears that Option #1, as presented, would be the most favorable plan if Willow Drive were closed. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, MARCH � , 1981 Page 3 Mayor Van Nest: I believe it would be helpful if PUBLIC HEARING staff were to submit more information to the City Willow Drive Council showing traffic counts and costs to bring (Continued) the street up to an acceptable standard. The City will continue this hearing at a later date when all information is availabl�. After all persons present were afforded an opportunity to be heard, the public hearing was continued until a later date . Public heaVing recessed at 7 : 40 P.M. John Gerhardson, Public Works Coordinator , prepared a memo concerning Willow Drive dated March 3 , 1981 - Page 4 Chief of Police Kilbo preparec3 a memo concerninq Willow Drive dated March 5, 1981 - Pages 5 & 6 Letter from Mr. & Mrs. Rollings, 1225 Lakeview Avenue, opposing the closing of Willow Drive - Page 7 Letter from Everett Miller, 1360 Railroad Avenue, opposing the closing of Willow Drive - Page 8 Attendance list for public hearing concerning Willow Drive - Page 9 At 8 :00 P.M. , Jeff Schmitt, Hennepin County Depart- SOLID WASTE SITE ment of Environment and Energy, was present to SELECTION discuss the Hennepin County Solid Waste Site Jeff Schmitt Selection Program parameters and criteria. Mayor Van Nest moved, Hurr seconded, to remove CONSENT AGENDA* items 5, 6 , 14 , 15 and 31 from the Consent Agenda* . Motion, Ayes (4) - Nays (0) . Mayor Van Nest moved, Hurr seconded, to approve the Consent Agenda*, subject to removing items 5 , 6 , 14 , 15 , and 31, 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 ) . Mayor Van Nest moved, Hannah seconded, to approve MINUTES the minutes of the regular meeting of February 11 , February 11 , 1981 1981, as amended. Motion, Ayes (4) - Nays (0 ) . Mayor Van Nest moved, Hannah seconded, to approve MINUTES the minutes of the regular meeting of February 23 , February 23 , 198I 1981, as amended. Motion, Ayes (4 ) - Nays (0 ) . Page 4 TO: W. R. Benson, City Administrator FROM: John R. Gerhardson, Public Works Coordinator DATE: March 3, 1981 SUBJECT: Willow Drive Closure Recently the City of Orono received a petition requesting that Willow Drive between Fox Street and So. Brown Road be closed to thru traffic with a public hearing on the closure set for March 9 , 1981 . I have reviewed the recommended closure locations with staff inembers to determine the effect of the closure in regard to emergency vehicle response, postal delivery, and school bus pickup and drop off . I have also developed a sketch showing the .petitions recommended closure locations and a sketch showing an alternate with a brief explanation of the effect of each plan, they are shown as option I and option II . Option I being the petitioners recommended plan. EFFECT OF OPTION I 1 . Will eliminate thru traffic thereby reducing maintenance costs . 2 . The closure locations allow for even distribution' of effected residents entrance and exits. 3. Will require the construction of three cul-de-sacs. � 4 . Will require school bus to reschedule and reroute. 5 . Will require change of street name so as not to create confusion for emergency vehicles. 6 . Will not decrease postal service but will increase costs to postal department $180 .75 per year. EFFECT OF OPTION II 1 . Will eliminate thru traffic thereby reducing maintenance costs . 2. The closure locations are reduced to two. 3. Will require the construction of two cul-de-sacs. 4 . Will require school bus to reschedule and reroute 5 . Will require change of street name so as not to create confusion for emergency vehicles . 6 . Will not decrease postal service but will increase costs to postal department $180 . 75 per year. Page 5 ,�ATE: P,ia rc}i 5, 1981 T0: Jotu1 Gerhardson • �'ROi�7: CYiief Mel Kilbo SUL>JECi : �aillow Ave. Closing Impact = h:_:v� revi�.�•��d yc�ii map and will make the following re:;panses i�i �ai�ferei�t catagories. :��_y �irst consideration is the response of the Police De;,art- :aaz�t becaus� of this closing, It �vill most certainly ��ave an �mpa�t o:� the Po�?ice Departments response te high�,ray �12 fr�m �;:� sou�t:�. Most sqtzads do use Willow Drive from Scuth Bro�tin ::�:ad �o r ox as a �.horter route to #12 and Willo�a or to any calls ;,-� �the wastern portions of highway #'12 and the City of Orono. ,� ;�;:� �Nill now have to go north on North Brown, either to Fox or � -c,_� Lan�; Zx�t:e to make that response. We wzll also have a 1on��r ,•�:�s,�c�n�e i� u:� had a call in the north end of Willow or tnc :;r ��v�i:z DrivE area. We would have to go around. ;The- time th,at zs ta.ken :uU by .th#s :w11l=�Px'ah&�lY�e�';:a:_.2:�minute 3ifference in . �:th� response _time at :25_-.mp�. :'oi_rit r.��*nUer two is fire response. This particular area zs iz� T::e v�'ay�.a�:a fire zone and as such will have an i.r:lpar.t �r. :'rle -_ i.r•e �_-��-_��z�:��=� ;o either end of the closing. If the fire depart**��:�� • is aw�re e.:actl�r wnere we are gaing, the response time di�i�rer�ce �r:ay be r�t�;�i�ible. I would suggest that if we c�ose thzs, ��at ��e �r:aKe aIl of the houses on th� north end of Willow Drive now bein.�� renamed to houses on Shevlin Drive. That would cer-'.;ainly �iari{';� the fire de�artment response, Aiso, similari�.�,-, � ��ould -:�s�; tr.at �•:e rename Willow in the south, to either ��illoY: Lane or �•o^:,� o��er desi�nation so that the fire depa .rtrnents anu the -�olice . , � ci�r,�art�erit� resr�anding to a particular ho�lse in that area ��ill fnow i:rL*�ediately which road ju.ncture to take there. For �xample, i.� WP. n�v�� a Shevl in Drive addre s s that i s a now currer�t W i�low T):•ive address, they will know tnat they must come in fro�; eith�r ��,f,.�t�er :iill� or at least to Fox and the Old Cr�,�stal Bay are�. �.i it is a Willow Lane number they will know they must �ome in `rom trie South Bra�m Rd intersection with Willow. :�:ur��}er three. I am a�;ain with response to the area by North ;:er�orial Ambulance� They are anc�ther life savin� response t!-iat TM�ust be mea�ured ir� time. If we follou, the �ame procedure in -_ilocatinT �treet addresses, I don't f�re:�Pe a �;reat deal of ��-�ff'erencF• in P1ort;r� f•1�moria��s response , either from Lon� Lake ,..,r frorn t.h?ir head�:�.�=�rter� if they wFrF� ��min� fr�m that I�cati�n. .��reF�t r�r,R�E�:� t��cr�rnF� vit,al f�r these af-F-n�,i�:.� to re�pond. Page 6 -2- iJuml�c�r four. I an: c��ncerned with the response by Long Lake �irf� ��o the:e 1c�catior.s on a backup situation, in the sense -th�t t�ley will t�o, h��ve to be very cognizant of the exact � address they �re aoin�; to. Again, I do not see a large time dirferential if the street namings are �ccamplished. They , will know where �he}T are going and as such, the diffe�nce in response time will. be very negli�ible. One other feature t�zat r�ust be considered is the fact that we will_ have two dPad ends and as such are harder to get patrol into in a �ener_�l pa�.rol fur�ction. It is a trip that rsust ,be ma3e into tnat area deiiberately, as it is a dead end. You cannot go tYirou�n as you mi�ht on V7illc�w Drive to cover several areas. I�: is noc ho.�rever, a bi� di::acivanta�;e. There is also an advantage to being on a dead end. Certainly,burglars or other parties abaut to do damage , would not like to get caught in 4P3CI end roads. It might 1�e an advantage to those on the dead end. I ;��.�1 be checking with both fire departments, and North Mem- oriai to get their selective ir.put into both the street names and the response time that tney feel might be changed.by the cutting cf Hfillow Drive at this location. • Page 7 Karca� 2. iggl btr. W. H. Benson City Adminiatrator P.O.eoz 66 w crystal Se�y. Mianasota 55323 Dear Mr. B�nsnnt Ws ara vrritiag in regard to yonr aotics ot 2-12-31 about tho Orono Conacil Pub2ic Hearin� on Harcl� 9. 1981 �t 7s00 P.l[. on t�s m�attar of tlu '�illox Drivo Pe�ition raqueeting t�s road to be closed to t�hrong�► trsfiic betr�ea �bz. St. aad 3a. ]�roYn Boad. �� are taot.� apposed to thie. . Sincers3,y, 9IEGIL H. B�OI.ZI�iGB /` � //(/� �/ � �%�� +� -� ��`4��/f/ � ' � CQBINRS H. $OLLIS(i8 y� c. �� J//- -�,�� Y�ii Q[H � �" _�,�� / ^ � �J _�G['/_C-/i<�I�-s-:-. L f.:'C.t � � Page 8 ,� t�* � . ,b SI L I�TS M3KERS OF FII1E H�3DWE8R �'�rch ?,��1 :rono ^it_ ;o�i��^i� . , :��: .,_..:ir. : .,. �_,.: �� .,, �ve `,:� ... _ _ ,- . �s� _'ric. I st��n;�.�* ��>:�ese ��_.. closi.��, o' ...._ st:•eet be�� .. _ th�s iJ �,.a .. �'Bf'. �:.:_r.>� . •---' " _ _ ' •' ...� � - -..._t- .,, , „ '�i10 :iCC:O�1S � Ll":!'�.^.� �� Il��. .,O .��7iP '�r.�1'� . �:,O:il nT+�r`:+i,2i 3�f • ��Ol.1I'� �'_"�'_�?' .�•- _ � �yY,�-f%i �4, . �� -,V�:?}� , . _._ . . -�� - txG��_. � � ':r� — ,:. :�.E�. :��, _.. . � . � .,n,� . � � - ��1�,,� c��s�� F �:-. 'r� P .,:�,•,��, � � .. . . ._ . . � .. . ;�� ., .. '.... _ . . _.,�:�. . i � ' . �-l��,�.,.� / `/�--�c- L�/��/X ' 1 Page 9 � � �� r/.�,�-� �.�.u�� z�� ;� /9�/ � `oo �/'�1� ; j l��'/�'�'c� ��.�'��l;r��% �,�� /� �''_..``"`"" �� G�� „� .�,� �d`�9t-�-.�� J� �o, GU 1 �6�D�,v,Q r� � - ��',-��o-a2e— � ys— �'�. Cvf.�.s�'�'z+-�-J �.ti ,�'�� <-...�.... �� S l��1 .�,. .� . , a�',',��,�v� o /�� f� � ��-��,��--�-� �'L�.c� �� ^ f ,, , /��z�, r;�.� ��> -�o�' —�i��-PJ � u /��yc. � /�j �7��.G2� .;��lo ��. � ' � c��j ' ,,.-,ti..,��, o�l/ o C;✓'L��v� ��L�. ,C� � 4� -, , _ �� .�ir�,�-�.'l� 7YD Gti', ��t�� 1'�t.,� t� . � �� z��,�-� ,-��-�-��,ti,--.� ��{� /�� ti �''�? � tirvL �� J C �-f.� � �� n 4,� � �'. ' ,3U C_ K�ti1P F 33�� J�r'-�i �r��'�� i�2�V� � �J / ��.�-� �` (.�c.�«.� a /5c S(� �� C,� , � � �� li � � � � • �� C�,'�'\�- a�- G � 5 � :�C..�'r2�L t�- � 1� �W' �CG.�.c�� .� 3— � �U--J`1 f� � /�- d � � . � � � � ' �� ' - � S � ,� � s �..�.-,� ��Q�l�t/UI��' � Gv-�. ��G �.�1.�� t � ��''�'�) '� i �' � . � `�� V �c.�c.c.��1� . �� . i I' . �EGULAR MEETING OF THE ORONO COUNCIL, MARCH 9 , 1981 Page 10 Lee Tomlinson, Park Commission Chairman, reported PARK COMMISSION on the activities of the Park Commission. No report from the representative of the Lake LMCD REPORT Minnetonka Conservation District. No comments from the Planning Commission. PLANNING COMMISSION Paurus moved, Hannah seconded, to approve the COMPREHENSIVE PLAN Comprehensive Plan Amendment memo prepared AMENDMENT by Alan Olson, City Planner, dated March 9 , 1981. Motion, Ayes (4) - Nays (0 ) . Mayor Van Nest announced that the Orono Land Use LAND USE COMMITTEE Committee meeting will be held March 12 , 1981 at MEETING* 7 : 00 P.M. at the Orono High School . No comments from the public present. PUBLIC COMMENTS At 9 :00 P.M. , Mayor Van Nest announced that now PUBLIC HEARING was the time and place for the public hearing Industrial Revenue concerning Industrial Revenue Bonds for the Bonds - Nelson/Crear Nelson/Crear project. City Administrator Benson presented the Notice of Public Hearing and the Affidavit of Publication. Nobody was present for the public hearing. Mayor Van Nest closed the public hearing at 9 :01 P.M. Mayor Van Nest moved, Hannah seconded, to adopt RESOLUTION #1253 Resolution #1253 , A Resolution Giving Preliminary Revenue Bonds Approval To A Proposed Industrial Development Project Nelson/Crear By Nelson-Crear Under The Municipal Industrial Development Act And Authorizing Submission Of An Application To The Commissioner Of Securities For Approval Thereof. Motion, Ayes (4) - Nays (0) . Mayor Van Nest moved, Hannah seconded, to approve the letter to the Minnesota Commissioner of Securities from Mayor Van Nest regarding the $400 , 000 City of Orono Industrial Development Revenue Bond (Nelson- Crear Project) . Motion, Ayes (4 ) - Nays (0 ) . REGULAR MEETING OF THE ORONO COUNCIL, MARCH 9 , 1981 Page 11 � Jean Mabusth, Zoning Administrator , reviewed the CONDITIONAL USE PERMIT variance and conditional use permit request of VARIANCE Cortlen Cloutier, 2480 Casco Point Road. 2480 Casco Point Road #555 Mr. Cortlen Cloutier was present to discuss the Cortlen Cloutier proposed resolution commenting: I object to your resolution and the findings included in the record. I have been before the Council fourteen times and I want it clear that I do object to your action. Mayor Van Nest: I would like to correct you, Mr . Cloutier. This has not been before the City Council fourteen times. Mr . Cloutier : No, it has just been the process. Hurr moved, Paurus seconded, to adopt Resolution RESOLUTION #1254 #1254 , A Resolution Denying A Conditional Use Permit 2480 Casco Point Road And Variances Requested By Cortlen Cloutier For Cortlen Cloutier Property Located At 2480 Casco Point Road. Motion, Ayes (4) - Nays (0) . Jean Mabusth, Zoning Administrator, reviewed with CONDITIONAL USE PERMIT the City Council the variance and conditional use VARIANCE permit request of John Muehlberg and John Arnott 3220 Navarre Lane for 3220 Navarre Lane. #596 Muehlberg/Arnott Applicants were not present. Hannah moved, Paurus seconded, to adopt Resolution RESOLUTION #1255 #1255, A Resolution Denying An Application For A 3220 Navarre Lane Variance And A Conditional Use Permit For A Three- Muehlberg/Arnott Unit, Planned Residential Development Of Property Located At 3220 Navarre Lane. Motion, Ayes (4) - Nays (0) . Jean Mabusth, Zoning Administrator , reviewed with SUBDIVISION the City Council the preliminary subdivision request 320 Woodhill Road of Robert White, 320 Woodhill Road. Robert White #580 Mr . White was present to discuss his application. Mayor Van Nest moved, Paurus seconded, to approve the preliminary subdivision, subject to the Planning Commission ' s recommendations and Exhibit A to include a variance to allow these two lots to be served by one curb-cut, since it is in the public 's interest that these two lots be served by one designated driveway easement. Motion, Ayes (4) - Nays (0) . �EGULAR MEETING OF THE ORONO COUNCIL, MARCH 9 , 1981 Page 12 Jean Mabusth, Zoning Administrator , reviewed with NORTH STAR MARINA the City Council the following memo prepared by 1981 License Alan Olson, City Planner, concerning the North Star Marina 1981 marina license dated March 5, 1981 , which states : On February 20 , 1981, the State Supreme Court upheld the District Court decision granting the City and Lake Minnetonka Conservation District a permanent injunction against North Star Marina, Inc. , preventing them from using any part of their dock until the dock is first brought into compliance with the City and Lake Minnetonka Conservation District ordinances. A copy of these orders were mailed to you on March 2, 1981. Mr . Paul Kempf of North Star Marina, Inc. , has requested time on the agenda of the March 9 , 1981 City Council meeting to discuss his 1981 license and a revised dock layout. The City first received North Star ' s 1981 marina license application on March 4 , 1981. Included was a revised dock plan which does not conform to the maximum dock use area restrictions of LMCD Code Section 3 .02 . The dock extends beyond 200 ' from the shoreline . The dock encroaches within the east side setback area. Note also, the LMCD reguirement in 3 . 02 , Subd. 2B, that the standard side setbacks must be doubled if a commercial marina abuts non-commercial property as in this case . The 1981 City application is for 104 watercraft units. Maximum prior licenses were for 95 units. On March 3 , 1981 , Paul Kempf visted my office and left a partial plan of his suggested dock layout. He was told that this layout did not conform to the City nor LMCD requirements, that variances were required, and that the City would not look favorably on granting of any variances. In addition, the Court order may preclude this possibility. Mr. Kempf asked for and was given a zoning variance application. He was advised to not make the application, at least not prior to his appearance at the March 9 , 1981 Council meeting. To date, he has not applied for any variance from the City. The application and plan submitted to the City is not consistent with the application and plan submitted to the LMCD. On February 26, 1981, North Star applied to the LMCD for a variance to allow 1981 use of portions of the existing dock which also extends beyond 200 ' ; and for a variance to allow reconstruction to the final plan as also submitted to the City. In addition, the 1981 LMCD application is for 98 watercraft units , not 104 per the City application. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, MARCH 9 , 1981 Page 13 I believe that Judge Winton 's order is clear. There NORTH STAR MARINA should be no use of any part of North Star ' s dock (Continued) until it fully complies with all dock length, side setback and other LMCD requirements. Other issues for 1981 : a) Dock length: 100 ' or 200 ' ? b) Side setback: standard or double per 3 .02 subd. 2b? c) Al1ow reconstruction of any Crystal Bay dock? ' d) Require west side landscaping and/or drainage corrections? This application is scheduled for review at the Marina Committee meeting of March 11, 1981 at 4 :00 P.M. Jean Mabusth, Zoning Administrator, reviewed with the City Council the following letter that was mailed to all commercial marina operators in Orono on March 2, 1981, which states: "In the past, some marina owners have questioned whether or not the City of Orono and the Lake Minnetonka Conservation District have had the authority to regulate the use of property for marina purposes and the use of the lake for marina purposes. It has always been the contention of the City and the LMCD that we do have such authority under the police powers that are vested in the City and the LMCD. Reasonable regulations have been established to balance the general public interest with the business concerns of the marinas. We have in the past attempted to work with the marinas toward the goal of compliance with the intent of these regulations,while at the same time, mitigating business problems the marinas may have had because of the regulations. As you may know, North Star Marina, Inc . repeatedly refused to comply with the ordinances of the City and LMCD in regard to its operation and its use of the public waters, particularly regarding dock length and side setbacks. The City and LMCD sought and obtained an injunction against North Star Marina, Inc. from operating in violation of the ordinances. North Star Marina, Inc. Sa�,,� fit to appeal this decision to the Minnesota Supreme Court and on February 20 , 1981 , the Minnesota Supreme Court affirmed the decision of the Hennepin County District Court Judge in all respects, upholding the authority of the City and the LMCD to regulate the marinas. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, MARCH 9, 1981 Page 14 For Your information, we enclose a copy of the NORTH STAR MARINA Conclusions of Law and Order for Judgment from the (Continued) District Court case which were affirmed in all respects by the Minnesota Supreme Court pursuant to the enclosed order. We look forward to working with you on the review of your marina license for 1981, first with the Marina Committee and then in front of the City Council. We trust that your 1981 commercial dock license application is in order, and that your proposed dock layout complies in all respects with the Dock Use Area limitations of the City and LMCD ordinances. " End of letter Mr. Paul Kempf was present to address the City Council and review with them the State Supreme Court ' s action concerning the North Star Marina. Mr . Kempf stated that North Star Marina, Inc. wants to cooperate with the City and will comply with the State Supreme Court order. We have removed everything beyond 200 ' except for some frozen dock posts which will be removed as soon as possible . We have satisfied 75% of the landscaping requirements and we intend to complete all of the requirements as soon as weather permits. We will appear at the Marina Committee meeting Wednesday afternoon to discuss our future planning requirements. We will submit a concise plan as requested by the City and work toward satisfying LMCD and City codes and requirements. Bruce Malkerson, City Attorney, commented that North Star Marina chose to appeal the lower court ' s decision to the State Supreme Ccurt. North Star Marina owners were informed before they chose to appeal the lower Count ' s decision, that if they would conform to City and LMCD regulations as per the Court ' s decision and apply for necessary permits in full campliance , the matter would be dropped. Mayor Van Nest thanked Mr . Kempf for appearing before the City Council and requested Mr. Kempf to appear before the Marina License Committee on March 11, 1981, Wednesday, at 4 :00 P.M. to review with them a plan to conform to required ordinances. REGULAR MEETING OF THE ORONO COUNCIL, MARCH 9 , 1981 Page 1S Dick Benson, City Administrator, reviewed with the ENERGY AUDIT City Council a report prepared by Tom Jacobs, ' Building Official, regarding Energy Conservation Opportunities - Mini and Maxi Audits dated March 5, 1981 . Mayor Van Nest moved, Paurus seconded, to appoint APPOINTMENT Dick Benson, City Administrator, to administer the Energy Audit energy audit and energy conservation. Motion, Ayes (4) - Nays (0) . Mayor Van Nest moved, Hannah seconded, to defer 1981 JOINT USE DOCK to the Marina Committee the 1981 Joint Use Dock LICENSES Licenses for the Minnetonka Power Squadron, Navarre Cove Homeowners Association, and Foxhill Homeowners Association. Motion, Ayes (4) - Nays (0 ) . Hannah moved, Mayor Van Nest seconded, to defer to 1981 MARINA LICENSE the Marina Committee the 1981 marina license for the Minnetonka Boat Works Minnetonka Boat Works. Motion, Ayes (4 ) - Nays (0 ) . Mayor Van Nest moved, Hurr seconded, to approve LAND USE POLICY* the Hennepin County Tax Forfeit Land Policy memo Hennepin County prepared by Alan Olson, City Planner, dated February 25, 1981 . Motion, Ayes (4) - Nays (0 ) . Mayor Van Nest announced that the Marina Committee MARINA COMMITTEE* meeting will be held March 11, 1981 at 4 : 00 P.M. at the Orono Council Chambers . Glenn Cook, City Engineer, reviewed with the City 1980-LS-1 & LS-2 Council his letter dated March 5 , 1981 concerning Easements the 1980-LS-1 & LS-2 sewer easements. Mayor Van Nest moved, Paurus seconded, to approve the 1980-LS-1 & LS-2 sewer easements according to the letter of March 5, 1981 from Glenn Cook, City Engineer. Motion, Ayes (4) - Nays (0) . Glenn Cook, City Engineer, reviewed with the City TRAFFIC SIGNAL Council his letter dated March 5, 1981 concerning #12 & Old Crystal Bay easements for the traffic signal at Highway 12 and Easements the Old Crystal Bay Road. Mayor Van Nest moved, Paurus seconded, to approve the City Engineer ' s letter of March 5, 1981 concerning the easements for the traffic signal at Highway 12 and the Old Crystal Bay Road. Motion, Ayes (4 ) - Nay s (0) . REGULAR MEETING OF THE ORONO COUNCIL, MARCH 9 , 1981 Page 16 ` Glenn Cook, City Engineer, reviewed with the City VARIANCES Council the conditions for a variance of the Minne- Traffic Signal sota Department of Transportation. #12 & Old Crystal Bay Mayor Van Nest moved, Paurus seconded, to approve the variances of the Minnesota Department of Transportation for the traffic signal at Highway 12 and the Old Crystal Bay Road. Motion, Ayes (4 ) - Nays (0) . Mayor Van Nest reported on the Minnehaha Creek MINNEHAHA CREEK Watershed District meeting of March 5, 1981. WATERSHED DISTRICT Mayor Van Nest announced that the Metropolitan SEWER ADVISORY MEETING Waste Control Commission Sewer Service Advisory March 25 , 1981 Board meeting will be held at the Orono Council Chambers on March 25 , 1981 at 7 : 30 P.M. Mayor Van Nest announced that the next Cable TV CABLE TV MEETING meeting will be held March 19 , 1981 at 7 :30 P.M. March 19, 1981 at the Orono Council Chambers. The City Council reviewed the Request for Proposals R.F.P. REVIEW for the City of Long Lake, Medina, Minnetonka Beach, Cable TV and Orono for Cable TV. Mayor Van Nest announced that the next meeting LRT MEETING for the Light Rail Transit Coordinating Group March 11, 1981 will be March 11, 1981 at 9 :00 A. M. at Metro- politan Council at their Council Chambers. Dick Benson, City Administrator, informed the City LONG LAKE-ORONO-MEDINA Council that the Long Lake-Orono-Medina Sewer Agree- Sewer Agreement* ment originated with the idea to have one agreement rather than several to work together within the three cities solving our mutual utility problems. Information was submitted to the City of Long Lake including all pertinent data that we used in formulating the Medina Sewer Agreement. I met with Long Lake 's attorney, Arlo Vande Vegte , Todd Heglund, Long Lake Councilman, and Lyle Swanson, City Engineer, and reviewed with them the complete inconsistencies in the sewer agreement draft sent to us by Long Lake. The proposed agreement does not include the correct reference to exhibits, calculations, nor satisfactory gallonage charges. The proposed agreement does include the Hackberry area and proportionate shares of costs in lift station and downstream sewer lines which is not acceptable and does not allow for adequate pro rata share of future capacity. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, MARCH 9, 1981 Page 17 The City of Long Lake will redraft the agreement for *LONG LAKE-ORONO-MEDINA' our review. If at the end of one week, they cannot (Continued) find som_eone competent to accomplish this task, I informed them we would finalize it for them. Dick Benson, City Administrator, informed the City LONG LAKE-ORONO-MEDINA Council that the cities of Medina, Orono, and Long Water Agreement* Lake have all indicated interest in punsuing one public water system to serve our contiguous areas. The City of Long Lake has, by Council action, re- quested their engineer to complete a feasibility study and report back to us in one month. Mayor Van Nest moved, Hurr seconded, to approve MEDINA RESOLUTION* the resolution of the City of Medina regarding Water participation in a study to determine feasibility of a cooperative effort to connect the Long Lake and Medina-Morningside water systems. Motion, A1�e s (4) - Nay s (0) . Mayor Van Nest moved, Hurr seconded, to approve APPOINTMENT* a salary adjustment for Tom Jacobs, Building & Building & Zoning Zoning Official, to $17,325. 53 , effective March l, Official 1981, with a review in 120 days. Motion, Ayes (4) - Tom Jacobs Nays (0) . Mayor Van Nest moved, Hurr seconded, to approve 1980 ANNUAL REPORT* the Building & Zoning Department 's 1980 Annual Building & Zoning Report prepared by Alan Olson, City Planner, dated February 23 , 1981. Motion, Ayes (4) - Nays (0 ) . Mayor Van Nest moved, Hurr seconded, to approve PUBLIC AUCTION* a public auction of unclaimed autos to be held April 18 , 1981 at Martin ' s 66 Station in Navarre on April 18, 1981 at 9 :00 A. M. Motion, Ayes (4) - Nays (0) . Mayor Van Nest moved, Hannah seconded, to approve WORKMAN� S COMP. INS. Workman 's Compensation coverage for the City Councilmembers Council members. Motion, Ayes (4) - Nays (0) . Mayor Van Nest moved, Hurr seconded, to request PETITION* staff to research a petition received from Park Lane Lake Access residents of Park Lane requesting that the lake access be closed and submit the information at the April 13 , 1981 Council meeting. Motion, Ayes (4) - Nays (0) . , ' REGULAR MEETING OF THE ORONO COUNCIL, MARCH 9 , 1981 Page 18 Mayor Van Nest moved, Hurr seconded, to approve EMPLOYMENT* the employment of Wayne Quast, Utility Mechanic, Wayne Quast for the Public Works Department at a starting rate of $7. 50 per hour, effective March 16 , 1981. Motion, Aye s (4) - Nay s (0) . The City Council reviewed with Councilmember Hurr JUDD RINGER REQUEST Mr. Judd Ringer ' s application request at 2280 Wayzata Boulevard, that was reviewed before the Planning Commission on March 2 , 1981. Hurr moved, Paurus seconded, that a public information meeting to review Mr . Ringer ' s request be held on April 13, 1981 at 7 :00 P.M. at the Orono City Council Chambers. Motion, Ayes (4) - Nays (0 ) . Paurus moved, Hannah seconded, to approve the SEVERANCE PAY payment of $1 , 732. 14 severance pay for ponald Don Boll Boll , Utility Foreman, effective March 15, 1981. Motion, Ayes (4 ) - Nays (0) . Mayor Van Nest moved, Hurr seconded, that the LICENSES* following licenses, be approved: K. John Ruckh Plumbing - Plumber Project Plumbing Company, Inc. - Plumber Motion, Ayes (4 ) - Nays (0) . Mayor Van Nest moved, Hurr seconded, that the BILLS* All Funds Accounts and the Liquor Store Accounts, be paid. Motion, Ayes (4) - Nays (0 ) . Mayor Van Nest moved, Paurus seconded, that the ADJOURNMENT meeting be adjourned at 10 :45 P.M. Motion, Ayes (4) - Nays (0) . �, __ � William B. Van est, Mayor Attest : �� Walter . Benson, City Administrator �