HomeMy WebLinkAbout03-23-1981 Council Minutes . ,
� CITY OF ORONO
' Regular Meeting of the Orono Council, 7 :00 P.M.
March 23 , 1981
The Orono Council met on the above date with
the following members present: Mayor Van Nest,
Councilmembers Butler and Paurus. Absent: Council-
members Hannah and Hurr. Also present: City Planner
Olson, Zoning Administrator Mabusth, City Attorney
Malkerson, Public Works Coordinator Gerhardson, Street
Foreman Brinkhaus, Deputy Clerk Woytcke, Planning
Commission members Jabbour and Rovegno, and City Clerk
Strom. Absent: City Administrator Benson and City
Engineer Cook.
Butler moved, Paurus seconded, that items #8 , #34 , & CONSENT AGENDA*
�44 be removed from the Consent Agenda* . Motion,
Ayes (3) - Nays (0) .
Butler moved, Paurus seconded, to approve the
Consent Agenda*, subject to removing items #8 ,
#34 , and #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 (3) - Nays (0) .
Mr . Howard Hodges, President of the Westonka Senior WESTONKA SENIOR CITIZED
Citizen Club, was present to discuss plans for low
rent housing and a senior citizen center. Mr . Hodges
introduced several senior citizens with him and Mr. Ben
Withhart, their legal counsel.
Discussion centered around the use of HRA and HUD funds.
Alan Olson stated that the CDBG funds are used for the
rehabilitation of low income residents homes and that
the funds are allocated through Year VII.
The City Council expressed a desire to support the
Senior Citizens with their endeavor and to consider
a portion of Orono ' s funds to be set aside in the future .
Butler moved, Paurus seconded, to approve the MINUTES*
Minutes of the Regular Meeting of March 9 , March 9, 1981
1981. Motion, Ayes (3) - Nays (0) .
No comments from the Park Commission. PARK COMMISSION
Councilmember Paurus, Orono ' s representative to LMCD REPORT
the Lake Minnetonka Conservation District, reported .
on a proposed LMCD ordinance change to eliminate
private clubs from equivalent commercial marinas
on the lake . He also stat�d that private clubs
would come under the same jurisdiction as any other
multiple residential development.
REGULAR MEETING OF THE ORONO COUNCIL, MARCH 23 , 1981 Page 2
• No comments from the Planning Commission. PLANNING COMMISSION
Butler moved, Paurus seconded, to table until H.R.A. RESOLUTION
the Council meeting of April 13 , 1981 the
Metropolitan H.R.A. Participation resolution.
Motion, Ayes (3) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to approve SPRING PARK COMP. PLAN
the Sprinq Park Comprehensive Plan Review. Motion,
Ayes (3) - Nays (0) .
Butler moved, Mayor Van Nest seconded, to table for FOREST ARMS SUBDIVISIOr
staff and legal review the item concerning the
Forest Arms Subdivision. Motion, Ayes (3) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1256
Resolution #1256 , A Resolution Declarzng Adequacy North Shore Drive-
Of Petition And Ordering Sewer Feasibility Report Highwood Sewers
For The North Shore Drive/Highwood Area. Motion,
Ayes (3) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1257
Resolution #1257, A Resolution Authorizing Sub- CDBG Applicaton
mission Of The City Of Orono Community Development
Program To Hennepin County For Consideration As Part
Of The Urban Hennepin County Community Development
Block Grant Application In Accord With The Housing
And Community Development Act Of 1974 , As Amended.
Motion, Ayes (3) - Nays (0 ) .
Butler moved, Paurus seconded, to adopt Resolution RESOLUTION #1258*
#1258 , A Resolution Approving The Plat Of Orono Orono Hills
Hills. Motion, Ayes (3) - Nays (0 ) . 2465 Shadywood Road
Butler moved, Paurus seconded, to adopt Resolution RESOLUTION #1259*
#1259 , A Resolution Approving The Lot Line Re- Tristana Cove
arrangement And Plat Of Tristana Cove. Motion, 4695 North Shore Drive
Ayes (3) - Nays (0) .
Mayor Van Nest announced that a joint meeting with JOINT MEETING
the Planning Commission will be held Wednesday, April 15, 1981
April 15, 1981 at 7 :30 P.M.
Mayor Van Nest moved, Butler seconded, to give SUBDIVISION
preliminary approval to the subdivision request 550 Old Long Lake Road
of Bruce Dayton, 550 Old Long Lake Road, per the #594
Planning Commission recommendations and i:o refuse Bruce Dayton
Mr . Dayton' s offer of a one acre parcel , Outlot A.
Motion, Ayes (3) - Nays (0) .
REGULAR MEETING OF THE ORONO COUNCIL, MARCH 23, 1981 Page 3
� Paurus moved, Butler seconded, to approve the CONDITIONAL USE PERMIT
conditional use permit for Bob Skinner and Fred 3416 Shoreline Drive
Hintze for 3416 Shoreline Drive subject to the #600
hours of operation to be review�d by the City Council, Skinner/Hintze
with no vested rights. Motion, Ayes (3) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to approve CONDITIONAL USE PERMIT
the conditional use permit request of Jerome D. 2450-2500 Sixth Ave .N.
Kroger for 2450-2500 Sixth Avenue North, for a #601
tree and shrub nursery subject to no commercial Jerome Kroger
sales of products grown on property, no other
structures being added, and the City Council reserves
the right for further review. Motion, Ayes (3) -
Nays (Q) .
Mayor Van Nest moved, Butler seconded, to approve VARIANCE
tiie granting of a variance for Judyne Hassel, 2550 Sixth Ave . North
2550 Sixth Avenue North, to allow the horse barn #604
to be located 94 ' from Lot 3 as long as it shall be Judyne Hassel
150 ' from the west lot line , and not more than two
horses to be allowed on this 3 .9 acres. Motion,
Ayes (3) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to approve VARIANCE
the variance request of Dorothy Forcier, 4780 North 4780 North Arm Dr. W.
Arm Drive West, per the Planning Commission recom- #605
mendations of March 2 , 1981. Motion, Ayes (3) - Dorothy Forcier
Nays (0) .
Butler moved, Paurus seconded, to adopt Resolution RESOLUTION #1260*
#1260 , A Resolution Directing Staff To Issue A Joint Minnetonka Power
Use Dock License To Minnetonka Power Squadron Squadron
Subject To Conditions Noted Herein For The Period
Of January 1, 1981 To December 31, 1981 . Motion,
Ayes (3) - Nays (0) .
Butler moved, Paurus seconded, to adopt Resolution RESOLUTION #1261*
#1261 , A Resolution Directing Staff To Issue A Navarre Cove
Joint Use Dock License To Navarre Cove Homeowners
Association Subject To Conditions Noted Herein
For The Period Of January l, 1981 To December 31, 1981.
Motion, Ayes (3) - Nays (0 ) .
Butler moved, Paurus seconded, to adopt Resolution RESOLUTION #1262*
#1262, A Resolution Directing Staff To Issue A Joint Foxhill Homeowners
Use Dock License To Foxhill Homeowners Association
Subject To Conditions Noted Herein For The Period
Of January 1, 1981 To December 31, 1981. Motion,
Ayes (3) - Nays (0 ) .
' • R�GULAR MEETING OF THE ORONO COUNCIL, MARCH 23 , 1981 Page 4
Butler moved, Paurus seconded, to adopt Resolution RESOLUTION #1263*
� #1263, A Resolution Directing Staff To Issue A Minnetonka Boat Works
Commercial Dock License To Minnetonka Boat Works,
Inc. Subject To Conditions Noted Herein For The
Period Of January l , 1981 To December 31, 1981.
Motion, Ayes (3 ) - Nays (0) .
Bruce Malkerson, City Attorney, informed the City KELLER' S MARKET
Council that Desyl Peterson, Attorney from Bruce ' s 3800 Wayzata Boulevard
office, had received a call at 5 :30 P.M. today
from Lou Oberhauser, Orton Wisegarver 's attorney,
who stated that all corrections were completed that
could be completed that did not require an electrician,
but that an electrician would correct electrical
problems within the next two to three days. Bruce ' s
recommendation was, that if corrections were not
started by Friday of this week, or if corrections
were not completed, to close down the market on
Tuesday, March 31, 1981, due to the fire and life
safety violaticns.
No one was present at the meeting to represent Orton
Wisegarver or Keller 's Market. Staff had sent notices
of the agenda to Wisegarver and to his attorney.
Mayor Van Nest stated that he would rather extend
the period for corrections to the problems than to
close him down, but to give them a more reasonable
amount of time to make the necessary corrections.
Let ' s try to get the work done.
Alan Olson, City Planner, stated that no one has
contacted the City regarding permits or for any
inspections but another cooler had been installed
since December, 1980 without permits. Since the
letter was written, no one had contacted the City
regarding the permits or for inspections. He stated
that the manager has attempted to make some corrections,
clearing the aisles and removing combustibles, but
that no work had started on installation of the
required second exit.
Councilmember Paurus stated that there were too many
violations for too long a period of time, too much
public money spent because of one person doing as
he wants to, inspite of what the regulations or laws
are, and is still doing it. Mr. Wisegarver apparently
does not feel he has to come for permits or inspections;
he ' s home free . The City should have done something
a year and a half ago.
Mayor Van Nest moved, Butler seconded, to give Keller ' s
Market until Friday, March 28 , 1981, to have the problems
corrected, or to be ascertained by the staff that necessary
steps are being taken to have them corrected within the next
seven-day period, if not, we should go for an injunction
to close them down if the work is not completed by the
following Friday, April 3 , 1981 . Motion, Ayes (2 ) -
Nays (1) . Councilmember Paurus Nay.
' REGULAR MEETING OF THE ORONO COUNCIL, MARCH 23 , 1981 Page 5
Mayor Van Nest announced that a public information JUDD RINGER PROPERTY
meeting will be held on April 13 , 1981 at 7 :00 P.M.
concerning the Judd Ringer property.
John Gerhardson, Public Works Coordinator, was ENGINEER' S REPORT
present to discuss the Engineer ' s Report.
Mayor Van Nest moved, Butler seconded, to approve 1981 SEALCOATING
the Engineering drafting plans and specifications
for sealcoating for 1981 . Motion, Ayes (3) - Nays (0) .
John Gerhardson, Public Works Coordinator, reported BEDERWOOD PARK
on the progress of the well at Bederwood Park
stating that a hydrant would also be installed at
the park.
John Gerhardson, Public Works Coordinator, reported WILLOW DRIVE PROJECT
on the costs for cul de sacs and maintenance for the
closure of Willow Drive. A public hearing will be
held concerning the project April 27, 1981 at 7 :00 P.M.
Tom Kuehn, Finance Director, prepared a memo regarding CONSTRUCTION RETAINAGI
a letter received from G & L Contracting, March 11, 1981, G. L. Contracting
Mr . Kuehn 's memo on substitution of bonds or securities
for cash retainage on construction projects dated
March 20 , 1981, states:
Recently, G & L Contracting has submitted certain
U.S. Treasury Bills as a substitute for us retain-
ing 5$ of the construction contract completed on
the sewer project.
As per the State law, we do not have the option
of rejecting this proposal.
Mayor Van Nest moved, Butler seconded, to approve
the G. & L. Contracting letter of March 11, 1981
concerning retainage on construction projects.
Motion, Ayes (3) - Nays (0) .
John Gerhardson, Public Works Coordinator, discussed 1980-LS-1 & LS-2
the progress for the 1980-LS-1 & LS-2 sewer project.
John Gerhardson, Public Works Coordinator, pre- TRAFFIC SIGNAL
sented a letter to the Minnesota De�artment of Variance
Transportation from Glenn Cook, City Engineer, #12 & Old Crystal Bay
concerning a variance request by the City for the
traffic signal at Highway #12 and the Old Crystal
Bay Road.
REGULAR MEETING OF THE ORONO COUNCIL, MARCH 23 , 1981 Page 6
Mayor Van Nest announced that the Metropolitan MWCC MEETING DATE
Waste Control Commission Sewer Service Area C Service Area C
Advisory Board meeting will be held March 25,
1981 at 7 :30 P.M. in the Orono Council Chambers.
Mayor Van Nest reported on the Land Use Committee LAND USE COMMITTEE
meeting at the Orono School concerning Orono' s MEETING REPORT
Comprehensive Plan on March 12, 1981. The Mayor
informed the City Council of some of the concerns
of the Orono School District that would affect
the school ' s enrollment.
Mayor Van Nest announced that the Painter ' s PAINTER' S CREEK
Creek Advisory Committee of the Minnehaha Creek Meeting - May 7, 1981
Watershed District will meet at the Orono Council
Chambers on May 7, 1981 at 7 :30 P.M.
Mayor Van Nest reported on the Lake Minnetonka LAKE MINNETONKA
Mayor ' s meeting of March 18 , 1981. He stated MAYOR' S MEETING
that the Chiefs of Police are invited to their
next meeting to discuss various problems.
Mr. William Sando, Orono 's representative to
the Metropolitan Council, is also invited to
the next meeting.
Mayor Van Nest also commented that Mr. Dale MAPLE PLAIN TREATMENT
Trippler, Pollution Control Agency, who is on PLANT
the Metropolitan Council 208 Committee, was
present at the March 19 , 1981 208 Committee
meeting. Mr. Trippler stated that this recom-
mendation is for the construction of an inter-
ceptor across Orono to Long Lake for the Maple
Plain sewage treatment removal. Mayor Van Nest
stated that he went to the 208 meeting and
convinced the committee to up-grade the Maple
Plain treatment plant per their earlier recom-
mendation.
Mayor Van Nest discussed his correspondnce with I-394
George Pillsbury regarding the proposed construction
of I-394 stating that the construction plans are to
remove all concrete driving areas and all bridges,
including the interchange at County Road #18 .
Mayor Van Nest ' s suggestions were to construct
interchanges at Rid�edale , Winnetka, and Turners
Cross Roads and to up-grade Highway 12 .
The Maple Plain Treatment Plant resolution was MAPLE PLAIN RESOLUTION
tabled until the next meeting.
REGULAR MEETING ON THE ORONO COUNCIL, MARCH 23, 1981 Page 7
, Councilmember Butler reported on the Cable TV CABLE TV REPORT
Committee meeting of March 19 , 1981 stating that
the R.F.P, needs minor changes and should be
ready for adoption by April 13, 1981, with an
attorney to be appointed at the Committee ' s next
meeting on April 2 , 1981.
Mayor Van Nest announced that there will be a LRT MEETING
Light Rail Transportation meeting at the
Minneapolis Public Library on March 31, 1981 at
7 :00 P.M.
Mayor Van Nest moved, Paurus seconded, to approve BID AWARD
the low bid of Long Lake Ford Tractor for a Backhoe
tractor loader backhoe for the Public Works
Street Department in an amount not to exceed
$36 , 892 . Motion, Ayes (3) - Nays (0) .
Butler moved, Paurus seconded, to approve the LONG LAKE-ORONO-MEDINA
letter to Mr . Todd Heglund concerning the Orono- SEWER AGREEMENT*
Long Lake-Medina Sewer Agreement dated March 16 ,
1981 . Motion, Ayes (3) - Nays (0) .
Letter - Pages 8 & 9
Butler moved, Paurus seconded, to approve the RECEIPTS, DISBURSEMENTS
Summary of Receipts, Disbursements & Balances BALANCES*
for December, 1980 . Motion, Ayes (3) - Nays (0 ) . December, 1980
Autler moved, Paurus seconded, to approve the YEAR TO DATE REPORT*
Year-to-date Report for December, 1980 . Motion, December , 1980
Ayes (3) - Nays (0) .
Butler moved, Paurus seconded, to approve the EXPENDITURE REPORT*
January Budget Expenditure Report for 1981. January, 1981
Motion, Ayes (3) - Nays (0) .
Butler moved, Paurus seconded, to adopt Resolution RESOLUTION #1264*
#1264 , A Resolution To Amend Resolution #1172 Water & Sewer Rates
Establishing Water And Sewer Rates/Long Lake- Long Lake/Wayzata
Wayzata. Motion, Ayes (3) - Nays (0) .
Butler moved, Paurus seconded, to approve the SALARY ADJUSTMENTS*
following salary adjustments : Joan Lattin
Joan Lattin - $7. 20 per hour Charlotte Knutson
Charlotte Knutson - $6 .24 per hour Sandi Woytcke
Sandi Woytcke - $5 . 90 per hour
Motion, Ayes (3) - Nays (0) .
' • Page 8
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March 16 , 1981
?�1r . Todd Heglund
1828 Symes Street
Long Lak�, riinnesota 55356
Dear i�1r. Heglund:
The original engineering report dated October 16 , 1978 , drafted by
McCombs-Knutson for the City of Medina, determines that after the
full development of the City of Long Lake, there will be available ,
as a surplus , 298 units or 265 GPM of available sewage . Based upon
this information, the City of Orono and Medina deterr,lined a cost
sharing formula incorporated into an agreement to construct a by-pass .
The 298 units are based upon the following:
100 units - now being served in Orono
83 units - Medina-Morningside
115 units - future Orono units available
298 units
In order to maintain a consistency in percentages used to determine
each city ' s cost and to also identify the ultimate usage of the
sewer lines outlined in the proposed agreement, Orono would like to
maintain the 24 GPM sewaqe flow from Medina, as stated in the original
Medina Agreement excluding the Keller property. We would also want
the maximurl allowable flows to reflect altimate future available units .
In the Hackberry area, we have determined we are going to serve 24
residences. We would like the agreement to reflect this change and
proportion all maintenance and operation costs accordingly.
In the aqreement, we are now reviewing, it also states Long Lake will
not be responsible to cor�struct pipe D (page 5) and on page 11 , it
states, "and when pipe D is constructed and accepted by Long Lake" etc.
If we are to outline in detail for the purpose of this agreement, the
construction of pipe D and the parties responsible for its construction,
we should identify its owner , simply because Orono and Medina are
sharing the cost to construct pipe D, and Long Lake , Mcdina , and Orono
are sharinq the cost to maintain and operate the sUr�� pipe .
Itl II.UI\l�s /u�l�t, 373-?i�7 • 111�II�ISIIl�llr�� � 1 Iti:\�lf i'� 1 ii�i • Pl HLI( 1�UkA1 d7; 't>v
�StiFS51\�,
. ,
" Page 9
J
Mr . Todd fieglund
March 16 , 1981
Page 2 ,
As I see it , these are the concerns:
1. Keller property
2 . Identify all available units and allowable GPM, not only for
mai.ztenance and operation costs, but also to determine future
allowable capacities.
3 . Hackberry area - 24 resdiences
4 . Proportion all costs according to present contributing units
and future available units
S . Maintain 24 GPM sewage flows from Medina
6 . Identify pipe D and its future forever
See you at 6 : 45 A.M. , Wednesday, March 18 , 1981 for breakfast.
Thanks.
Sincerely,
!�/
Walt R. Ben n
Cit Administrator
cc": Lyle Swanson - McCombs-Knutson Engineering
� , .
� REGULAR MEETING OF THE ORONO COUNCIL, MARCH 23 , 1981 Page 10
' Butler moved, Paurus seconded, to approve the 1980 POLICE FINANCE
' 1980 Police Department Operations report. REPORT*
Motion, Ayes (3) - Nays (0 ) .
Butler moved, Paurus seconded, to approve the FORESTER APPOINTMENT*
appointment of Michael Zinn, Forester. Motion, Michael Zinn
Aye s (3) - Nay s (0) .
John Gerhardson, Public Works Coordinator, informed ARCOLA/NARROWS BRIDGES*
the City Council that on March 18 , 1981 , Mr . Clayton
Nolbe, Hennepin Cota.nty, informed him that construction
on the Arcola Bridge would start up again as soon
as Monday, March 23 , 1981. They should start pouring
the deck on both sides of the bridge by the middle
of May.
He also stated that he should be receiving correspondence
from Hennepin County soon in regard to the Narrows
bridge as they plan on work beginning April 15,
1981 . The work on the Narrows bridge will not
require a complete closure at any time.
Butler moved, Paurus seconded, to approve the CIGARET'rE LICENSE
cigarette license for Keller ' s Market, 3800 Keller ' s Market
Wayzata Boulevard, to be issued when all require-
ments specified by the City Council in the past
have been met. Motion, Ayes (3) - Nays (0) .
Butler moved, Mayor Van Nest seconded, that the LICENSES
following licenses, be approved:
Coppin Plumbing - Septic System Installer
Budget Plumbing - Plumber
Plumbing Services Company - Plumber
Southwest Plumbing & Heating, Inc. - Plumber
Torgerson Well Company, Inc. - Well Driller
Wayzata Plumbing & Heating Company, Inc . - Plumber
Motion, Ayes (3) - Nays (0.) .
Butler moved, Paurus seconded, that the All BILLS*
Funds Accounts and the Liquor Store Accounts,
be paid. Motion, Ayes (3) - Nays (0) .
Butler moved, Paurus seconded, that the meeting ADJOU NMENT
be adjourned at 9 : 15 P.M. Motion, Ayes (3) -
Nays (0 ) .
�
l
William B. an Nest, Mayor
A t t e s t :����A,�.tc�� •���
1�].be.rtu Stro:n. Citv C1erk