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HomeMy WebLinkAbout04-13-1981 Council Minutes . _ CITY OF ORONO Regular Meeting of the Orono Council, 7:00 P.M. April 13 , 1981 The Orono Council met on the above date with the following members present : Mayor Van Nest, Council- members Butler, Hannah, Hurr, and Paurus. Also present: City Administrator Benson, Zoning Administrator Mabusth, City Attorney Malkerson, City Engineer Cook, Public Works Coordinator Gerhardson, and Planning Commission members Frahm, Goetten, and McDonald. At 7 :07 P .M. , Mayor Van Nest announced that now was PUBLIC INFORMATION the ti.�� ��:d place for the public information meeting 22g0 Wayzata Boulevard �ol the proposed subdivision and conditional use Parkview Centers, Inc. permit application for Judd Ringer, 2280 Wayzata #595 Boulevard. City Administrator Benson presented the Affidavit of Publication and Certificate of Mailing. Mr . Judd Ringer reviewed with the City Council and attending public his proposal for the Parkview Centers, Inc. Mr . Ringer commented that a purchase agreement has been exe�uted with Parkview Centers, Inc. which specializes in areas of chemical dependency and behavorial disorders. We do propose a 24-bed facility on a 28-acre complex. Mr. Conrad V. Schmitt, President of Parkview Centers, Inc. , commented that a one-story, 24-bed facility is planned now anticipating a 42 patient maximum density in the future. The present structure will be used for administration, counseling, and dininy areas. We do have facilities in Arizona, New Yor�, and St. Louis Park. Our central offices are now in St. Louis Park. Forty-two patients are our maximum potential. Pat Meyer, Program Director, reviewed the existing programs now being used at the Parkvie�a facilities. Bill Hutchens, 900 Willow Drive North: Do you intend to use the existing barn as a tool or repair shop? Pat Meyer : No, neither. George Johnson, 879 Brown Road North: Would you draw from our area or outside our area? Pat Meyer : Probably, our area now, later outside our area, and our outdoor activity would be very limited. Phil Fettig, 960 Willow Drive : Willow Drive is very crowded now with traffic. Will this proposal cause traffic problems? Pat Meyer : No, only 20�-25� of our patients are visited each evening. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, APRIL 13 , 19$1 Page 2 Jim Cox, 1020 Willow Drive North: Willow Drive and PARKVIEW CENTERS Sixth Avenue North, and Willow Drive and Highway 12 2280 Wayzata Boulevard have a high accident rate now. This proposal will (Continued) cause increased accidents. Bill Hutchins, 900 Willow Drive: Will this not create septic tank problems? Mayor Van Nest: This proposal will have to follow Orona ' s building codes. George Johnson, 879 Brown Road: How about Dickey Lake? Pat Meyer : We will not use Dickey Lake. George Johnson : If you are not using the lake or the outside areas, why do you need all of this land? Pat Meyer : Balance of land will be for agricultural uses. Tom Lane , 915 Brown Road North: Would you fence your area separate from the lake? Pat Meyer : If this is a concern, we would consider that. Tom Lane : The compatibility of this operation and the Dickey Lake and existng wildlife areas are our deep concern. Our other concerns are inpatients, outpatients, and patients leaving the area. Pat Mastney, 61 Brown Road South: This is a controlled situation. Patients leaving the area would not be a problem. Mr. Harry Garrish, Architect, reviewed the proposed security systems and retention areas. George Johnson: We had a meeting with Mr . Ringer last night and it was very productive. Our petition to you outlines our concerns. PETITION We , the undersigned, hereby urge the City Council of the Village of Orono to decline the issuance of a conditional use permit as requested by Judd Ringer and Parkview Treatment Center for the property on Highway 12 , Willow Drive and Dickey Lake for the following reasons : 1. That there is not a proper buffer zone planned to separate property from the lake to maintain the natural environment. 2 . That the drive-way entering onto Willow Drive will add to the high traffic density problem. 3 . Security fence (Continued) REGULAR MEETING OF THE ORONO COUNCIL, APRIL 13, 1981 Page 3 4 . Maximum number of patients PARKVIEW CENTERS 5 . Restrictions 2280 Wayzata Boulevard 6 . Proper Sewage Facilities (Continued) 7. Fire hazard ' 8 . Multiple dwelling already in Orono for handicapped on County Road 6 and Brown Road Sixteen signatures on petition Mayor Van Nest: Any other comments? If we conceptually approve this proposal, a subdivision will be requested and another public hearing will be held. After all persons present had an opportunity to be heard, Mayor Van Nest closed the information meeting at 8 :00 P.M. Bruce Malkerson, City Attorney, read Chapter 34 .823 . Mayor Van Nest: The City ' s concerns are : 1. Diminution in values 2 . Proposal compatible with area 3 . Safety, health and welfare concerns Councilman Paurus: What are intended uses of the remaining Ringer property? Judd Ringer : Resource laboratory or some other commercial uses. Courad V. Schmitt: We do not intend to abuse the use of the Dickey Lake area. Mayor Van Nest: Will you provide open space easements? Conrad Schmitt: Yes, we would. Paurus moved, Mayor Van Nest seconded, to table the proposed subdivision and conditional use permit application request of Judd Ringer, 2280 Wayzata Boulevard, until the Council meeting of April 27, 1981. Motion, Ayes (5) - Nays (0) . At 8 :00 P.M. , Mayor Van Nest announced that now the PARK LANE LAKE ACCESS public information meeting concerning the Park Lane Lake Access would be held. John Gerhardson, Public Works Coordinator, prepared the follnwing memo concerning the Park Lane access dated April 8, 1981, which states: On March 2, 1981, the City of Orono received a petition from the residents in the area of the Park Lane lake access requesting that the lake access be closed for the reasons stated in the petition. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, APRIL 13 , 1981 Page 4 Police Chief Mel Kilbo and I have reviewed the complaints PARK LANE ACCESS in the petition and have found that seven complaints have (Continued) been registered and all seven have been for parking violations. Those complaints were registered from February 23 through February 28 , 1981. Shortly after the petition was received, I talked to Mrs. Stanley Rudd, one of the petitioners, about the problem. Mrs. Rudd stated that during a normal year, there are only four to six fish houses on the bay in that area, but this year, there were close to eighty fish houses. She t:�:ought that because there was not much snow to block the access, that that may be the reason for the increase . She also stated that there has been vandalism and theft in the area unlike other years. However, the police files show no record of vandalism or theft. The City of Orono has maintained this access for at least fifteen years and has installed a dock for that same amount of time. The access is approximately sixty-feet wide at the lakeshore and it is posted "No Parking" . The street leading to the access, Park Lane , is a narrow street with a right-of-way width of thirty-feet. The driving surface of the street is very narrow and will not allow for on-street parking; however, the street is not posted "No Parking" . This area does receive a great deal of surface water run-off from areas upstream but we have made repairs to the access area to hopefully eliminate the amount of erosion that has taken place in the past. I have inspected the street and see no visible signs of excessive damage. I have notified all residents by letter that there will be a public information meeting in regard to this matter on April 13 , 1981 at approximately 8 :00 P.M. ATTENDANCE Mr. & Mrs. Harold Vogt - 630 Park Lane Gordon Foster, Jr . - 577 Park Lane Charles A. Schall - 605 Park Lane Marilyn Schall - 605 Park Lane Mr . Harold �7ogt, 630 Park Lane , reviewed with the City Council concerns of the residents in the area commenting that Park Lane access is narrow and dead-ends at the North Arm Bay. In the winter, heavy traffic creates problems for parking and for the residents living in the area. Winter fishing is very popula'r at this bay and Park Lane access is used as an access to the lake rather than the public access on Hennepin County Roads #19 & #51 , which is maintained for this purpose . The winter months are the only problem months. In the summer, we do not have any concerns with the access. We are requesting that the City Council close the access during the winter months. (Continued) REGULAR MEETING OF T:iE ORONO COUNCIL, APRIL 13 , 1981 Page 5 Mayor Van Nest moved, Paurus seconded, to request PARK LANE ACCESS staff to review the Park Lane access uses and recom- (Continued) mend action for the Apr�l 27, 1981 Council meeting. Motion, Ayes (5) - Nays (0) . Hurr moved, Butler seconded, that items #13 , #29 , CONSENT AGENDA* and #35 be removed from the Consent Agenda*. Motion, Ayes (5) - Nays (0 ) . Hurr moved, Butler seconded, to approve the Consent Agenda*, subject to removing items #13 , #29 , and #35, 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 March 23 , 1981 . Motion, Ayes (5) - Nays (0) . No comments from the Park Commission. PARK COMMISSION Councilmember Paurus, Orono ' s representative to LMCD REPORT the Lake Minnetonka Conservation District, discussed LMCD activities . No comments from the Planning Commission. PLANNING COriMISSION � I Mayor Van Nest discussed with the City Council the ROTATING SCHEDULE possibility of creating a rotating schedule for City Council/Planning Comm. Council and Planning Commission members allowing a rotation of each Council member to attend Planning Commission meetings and each Planning Commission member to attend Council meetings. This would allow > scheduled input for all members at various times of the year . Paurus moved, Mayor Van Nest seconded, to develop a rotating schedule in alphabetical order for Council and Planning Commission members to attend each others scheduled meetings. Motion, Ayes (5) - Nays (0 ) . No Comprehensive Planning report. COMPREHENSIVE PLANNING Butler moved, Mayor Van Nest se�onded, to adopt RESOLUTION #1265 Resolution #1265, A Resolution Authorizing The Housing Assistance Funds Metropolitan Council To Apply For Housing Assist- ance Funds For Implementation Within The City Of Orono. Motion, Ayes (5) - Nays (0 ) . REGULAR MEETING OF THE ORONO COUNCIL, APRIL 13, 1981 Page 6 Alan Olson, City Planner, prepared a memo for the SOLID WASTE RESOURCE City Council regarding the Hennepin County Solid RECOVERY* Waste Resource Recovery dated March 30 , 1981. Hennepin County Dick Benson, City Administrator, read the follow- ORONO COMMUNITY ing letter to Chairman Dolores Engelstad, Orono MANAGEMENT PLAN LETTER School District #278 , concerning the Orono Community Orono School District Management Plan dated April 9, 1981, which states: "We are in receipt of your letter of April 6 , 1981, containing your formal review of the Orono Community Management Plan. I have asked the City staff to review your comments and to present to the Council their recommendations concerning your review as contained in the April 6 , 1971 letter. I can assure you that the Orono City Council will consider your recommendations for amendments to the Orono Community Management Plan. There are several comments contained in your letter that were made by members of the Metropolitan Council and Metropolitan Waste Control Commission which are contra- dictions to the facts as we understand them. In order for us to consider this information completely, we would like to know specifically the individuals at the Metropolitan Council and Metropolitan Waste Ccntrol Commission that made these statements to you so that we can determine the validity of this information. If you could provide these names for us at your earliest convenience, we would appreciate it as our plan is presently under active review by the Metroplitan Council. We appreciate and understand your concerns and hope that we can work together to satisfy the needs of our community. " (Signed) William B. Van Nest, Mayor Butler moved, Paurus seconded, to approve Mayor Van Nest ' s letter (above) requesting the City Administrator to respond to the Orono School District if a response has not been received within one week. Motion, Ayes (5) - Nays (0 ) . Hurr moved, Butler seconded, to adopt Resolution RESOLUTION #1266 * #1266 , A Resolution Approving A Conditional Use Permit 3416 Shoreline Drive For Robert Skinner And Fred Hintze For A Restaurant Located In A Section Of The Existing Building At 3416 Shoreline Drive. Motion, Ayes (5) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, APRIL 13, 1981 Page 7 Hurr moved, Butler seconded, to adopt Resolution RESOLUTION #1267* #1267, A Resolution Approving A Conditional Use Jerome Kroger Permit For Jerome Kroger To Plant A Tree And Willow Run Shrub Nursery On Lots 2 And 3 , Block 1, Willow Run. Motion, Ayes (5) - Nays (0) . Jeanne Mabusth, Zoning Administrator, reviewed COMMERCIAL BUILDING with the City Council the commercial building 3701 Shoreline Drive plan for the Nelson/Creer property at 3701 Shore- #507 line Drive . Nelson/Creer Mr. Jon Nelson reviewed with the Council his plans for his proposed commercial building. Jeanne Mabusth commented that the Planning Comrnission and staff recommend approval. Paurus moved, Butler seconded, to approve the building plans for Jon Nelson and William Creer , 3701 Shoreline Drive. Motion, Ayes (5) - Nays (0 ) . Jeanne Mabusth, Zoning Administrator, prepared VARIANCE a memo for the City Council concerning a variance 3685 North Shore Drive request of Charles Carl, 3685 North Shore Drive, #578 dated April 8 , 1981. Charles Carl Mr. Charles Carl was present to review with the City Council his variance request to construct an addition to his existing home . Councilmember Hurr: We should address the street and public access uses. Mr. Carl : We have no objection to the public uses of the lake access located adjacent to my property. Butler moved, Paurus seconded, to approve the variance request of Charles Carl, 3685 North Shore Drive, per staff and Planning Commission recommendations noting that Mr. Carl has no ojbection to the public use of the lake access adjacent to his property. Motion, Ayes (5) - Nays (0 ) . Jeanne Mabusth, Zoining Administrator, reviewed with the VARIANCE City Council the variance request of De E11 Pough, 692 692 Tonkawa Road Tonkawa Road. De Ell Pough #606 Mr. Pugh was present to discuss his application. Mayor Van Nest moved, Butler seconded, to approve the variance request of De E11 Pough, 692 Tonkawa Road, per Planning Commission recommendatons sinCe property is in single separate ownership and lot has been assessed for sewer . Motion, Ayes (5) - Nays (0 ) . REGULAR MEETING OF THE ORONO COUNCIL, APRIL 13, 1981 Page 8 Hurr moved, Hannah seconded, to table until the WINDWARD MARINE April 27, 1981 Council meeting for staff review and 1981 Marina License recommendation the Windward Marine 1981 marina license. Motion, Ayes (5) - Nays (0) . Hurr moved, Butler seconded, to approve the refund REFUND* in the amount of $104 .00 to Richard Le�strom to Richard Ledstrom close out his escr�w account. Motion, Ayes (5) - Nays (0) . Hurr moved, Butler seconded, to approve the refund REFUND* in the amount of $250 .00 to the Wayzata Country Club Wayzata Country Club to close out the escrow account. Motion, Ayes (5) - Nays (0) . Mayor Van Nest moved, Butler seconded, to authorize FEASIBILITY REPORT the City Engineer to prepare a preliminary report Highwood Sewer for the proposed Highwood Sanitary Sewer not to exceed $900 .00 . Motion, Ayes (5) - Nays (0) . Hurr moved, Butler seconded, to approve the PROGRESS REPORT progress report prepared by the City Engineer 1980-LS-1 & LS-2 regarding the 1980-LS-1 & LS-2 sanitary sewer project. Motion, Ayes (5) •- Nays (0) . Butler moved, Mayor Van Nest seconded, to approve 1981 SEALCOATING the plans and specifications for the 1981 Seal- Bid Opening Date coating Program and for the bid opening to be held May 6 , 1981 . Motion, Ayes (5} - Nays (0? . Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1268 #1268, A Resolution Relating To Parking Restrictions Parking Restrictions On M.S.A.P. 152-102-02 From Trunk Highway 12 To 150 ' #12 & Old Crystal Bay South Of Trunk Highway 12 In The City Of Orono. � Motion, Ayes (5) - Nays (0 ) . Paurus moved, Butler seconded, to approve the PAINTERS CREEK BRIDGE replacement of the Painter ' s Creek bridge on County Road Six to be included in the 1983 Hennepin County Project. Motion, Ayes (5) - Nays (0 ) . The Maple Plain Treatment Plant resolution was MAPLE PLAIN TREATMENT tabled until the meeting of April 27, 1981. PLANT Hurr moved, Butler seconded, to approve the CABLE TV MINUTES* minutes of the Cable TV Committee meeting of March 19 , 1981 March 19, 1981. Motion, Ayes (5) - Nays (0 ) . REGULAR MEETING OF THE ORONO COUNCIL, APRIL 13 , 1981 Page 9 Hurr moved, Butler seconded, to approve the CABLE T� MEETING* minutes of the Cable TV Committee meeting of April 2 , 1981 April 2, 1981. Motion, Ayes (5) - Nays (0) . The next meeting for the Cable TV Committee NEXT CABLE TV MEETING* will be held April 16 , 1981 - 7 :30 P.M. at the April 16 , 1981 Long Lake City Hall . A Community Advisory Committee for the Metropolitan TRANSPORTATION REPORT Transit Commission will hold a meeting April 14 , 1981, at 6 :00 P.M, to discuss the status of the Lake Minnetonka project. Mayor Van Nest moved, Butler seconded, to approve SEWER AGREEMENT the Sanitary Sewer Construction and Agreement with Long Lake/Medina/Orono Long Lake, Medina, and Orono, as amended. Motion, Ayes (5) - Nays (0) . Paurus moved, Mayor Van Nest seconded, to approve a FEASIBILITY REPORT feasibility report letter to Long Lake indicating Water - Long Lake commitment to participate. Motion, Ayes (5) - Nays (0 ) . Hurr moved, Butler seconded, to approve the BID AWARD* bid award for equipment and material for 1981 1981 Equipment & per John Gerhardson ' s memo dated March 31, 1981. Material Motion, Ayes (5) - Nays (0) . Hurr moved, Butler seconded, to approve the date JOINT MEETING DATE* of April 15, 1981 at 7 : 30 P.M. for a joint meeting April 15, 1981 of the City Council and the Plann.ing Commission. Motion, Ayes (5) - Nays (0) . Hurr moved, Butler seconded, to approve the dates SPRING CLEANUP* of May 2 and May 9, 1981 for the Spring Cleanup Days. Motion, Ayes (5) - Nays (0) . Paurus moved, Hannah seconded, to approve the RG�EEMENT Agreement for Michael Zins, Forester Consultant, Forester as amended. Motion, Ayes (5) - Nays (0 ) . Hurr moved, Butler seconded, to approve the Faurth FOURTH QUARTER LIQUOR Quarter Liquor Store Report dated March 30 , 1981. STORE REPORT* Motion, Ayes (S) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, APRIL 13, 1981 Page 10 Hurr moved, Butler seconded, to approve the Summary RECEIPTS, DISBURSEMENTS of Receipts, Disbursements, and Balances for January & BALANCES* and February, 1981. Motion, Ayes (5) - Nays (0) . January & February 1981 Hurr moved, Butler seconded, to approve the year to YEAR TO DATE* date Summary of Receipts, Disbursements, and Balances Receipts, etc. to February 28 , 1981. Motion, Ayes (5) - Nays (0 ) . February 28, 1981 Hurr moved, Butler seconded, to approve a refund REFUND* to Bruce Clark in the amount of $20 .00 , due to an Bruce Clark over-payment for his septic inspection fee. Motion, Ayes (5) - Nays (0 ) . Hurr moved, Butler seconded, to approve the temporary EMPLOYMENT* employment of the following for the Orono Golf Course, Golf Course effective March 28 , 1981 : Douglas Erickson - $3 . 90 per hour Douglas Schimtt - $3 .60 per hour Esther Anderson - $3 .45 per hour Lou Ann Erickson - $3 .60 per hour Betty Stevens - $3 .60 per hour Motion, Ayes (5) - Nays (0) . Butler moved, Mayor Van. Nest seconded, to approve RATE ADJUSTMENTS the rate adjustments for the Orono Golf Course for Golf Course the 1981 season. Motion, Ayes (5) - Nays (0 ) . Hurr moved, Butler seconded, to approve the Five- FIVE-YEAR PROGRAM* Year Capital Improvement for Hennepin County per Hennepin County John Gerhardson ' s memo of March 26 , 1981. Motion, Ayes (5) - Nays (0 ) . Hurr moved, Butler seconded, to approve the date WILLOW DRIVE* of April 27 , 1981 at 7:00 P.M. for the Willow Public Hearing Date Drive public hearing. Motion, Ayes (5) - Nays (0) . Dick Benson, City Administrator, informed the City WETLANDS CONFERENCE* Council that there will be a Wetland Values and Management Conference June 17-19, 1981. Hurr moved, Butler seconded, to approve the salary SALARY INCREASE* increase for Pam Sutton, part-time typist and clerk, Pam Sutton at a rate of $3. 75 per hour, effective April 13 , 1981. Motion, Ayes (5) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, APRIL 13, 1981 Page 11 Hurr moved, Butler seconded, to approve the LICENSES* following licenses: Cigarette License Jude Candy & Tobacco Company - North Star Marina Drillco - Well Drilling Mork Well Company - Well Drilling Robert Thoen Plumbing - Plumber Widmer Bros. , Inc. - Plumber & Septic System Installer Motion, Ayes (5) - Nays (0) . Hurr moved, Butler seconded, that the All Funds BILLS* Accounts and the Liquor Store Accounts, be paid. Motion, Ayes (5) - Nays (0 ) . Butler moved, Hannah seconded, that the meeting ADJOURNMENT be adjourned at 11 :15 P.M. Motion, Ayes (5) - Nays (0) . . , �'�, � William B. Van est, Mayor Atte st � � Walter . Benson, City Administrator