HomeMy WebLinkAbout08-10-1981 Council Minutes (':1`i'Y OP ORt'�10
�egular Meeting ot thc� Orono Cauricil , 7 :00 P .M.
Auc�ust 10 , 1981
The Orono Council m�t �n the ab�ve date with
the Followinc� membe��s present : Mayar V�:�n Nest,
Councilme�ltvek��s B��tler , Hannah, Hurr , and �'aurus.
A1so present : t�ity Att��rney Malkerson, City
Enqine�r Jim Clson, Zor�ing Administrator Mabusth,
Chief of Pc�lice �ilbo, Planning Commission �i�mb�rs
Goetten and Rov�gno, Deputy C1erk Woytcke , and
Cit�,r Cl.erk Strom, Abse�t : City Administrator
Benson, �ity Pl�nner Olso?z, and City Engineer C'o�k.
?�layor Van Nest annc�unced that the public hear�inq FOREST r'�RMS LAKE
for the Forest Arms I�ake Access has b2en canceleci ACCESS - Public Hearing
at the request of Richard Hassel, attorn�y for Canceled
the residents involved , to provide him with more _
tizne tr� review the matter_ with Yii� clients and
research th� facts further . �
Hur_r movec� , Butlez seconded, to approve the CONSENT AGENDA*
�onsent Agencia* , subject to removing item #5,
wi�h all staff reports ccncern.in.g items reviewed
at this meeting to be attached to the �riginai
copy of tt-iese mi.nut�s on file ir� the City Clerk ' s
office . Motion, Ayes (5) - Nays (0 ) .
Chief of Police Kilbo introduced to the City Council OATH C�F OFFICE
James Wilson, Police Officer. James Wilson
�i.ty Clerk Strom administ�red the �Jath of Office to
James Wil�on, newly appoint�d Police Officer. .
Chief af F-"olice Kilbo reported to the City Cauncil CHIFF OF YOLICE REPORT
the activities af the bike patrol , duties of the
Police Reserves, and the rate of closed cases solved
by the regular. p�al.ice force .
Council.memk;er fiurr inquired about house numbering
and respr�nse �itrGe for ir.adequately numberecl homes.
Dick Benson, Cit.� Administrator , was requested by
the City �ouncil to publish in th.e Orono Reporter
the necessity af having homes properly numh�red
and report back to the Counci� ways of enforcing
the ordin�nc� .
Hurr moved, Butler seconded, to approve the Minutes MTNUTES
of the Regular P�Ieeting of ,7u1y 13 , 1981 , as amended.
Ayes (5) - Nays (l� } .
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REGULAR MEETING OF THE ORONO COUNCIL, August 10 , 1981 Page 2
No comments from the Park Commission. PARK COMMISSION
Councilmember Paurus reported that the LMCD has LMCD REPORT
a license transfer before them from the North Star
Marina to the Chaska Marine . He also stated that
there was a good turnout for the tour of Lake
ininnetonka on the Lady of the Lake .
No comments from the Planning Commission. PLANNING COMMISSION
Hurr moved, Butler seconded, to approve the letter STUDY AREA #2*
to Charles Weaver, Chairman of the Metropolitan
Council, concerning Study Area #2 , dated August 5 ,
1981. Motion, Ayes (5) - Nays (0) .
Letter - Pages 3 & 4
No comments from the public present. PUBLIC COMMENTS
Jeanne Mabusth, Zoning Administrator , re�iewed EASEMENT
with the City Council a vacation of a flowage 575 Oxford Road
easement for A. H. Evans, 575 Oxford Road. #612
A. H. Evans
Mr. Evans and his attorney, Mr . Watson, were
present.
Mayor Van Nest moved, Butler seconded, to request
staff to draft a resolution to remove the
conservation easement and granting a quit claim
deed for A. H. Evans, 575 Oxford Road, �o be
presented at the next Council meeting. Motion,
Ayes (5) - Nays (0 ) .
Mayor Van Nest moved, Hannah seconded, to table the VARIANCE
request of Gary E. Beito, 1141 Elmwood Road, for a 1140 Elmwood Road
variance at the applicant ' s request. Motion, #627
Ayes (5) - Nays (0) .
May�r Van Nest moved, Hannah seconded, to table the VARIANCE
variance request of Hans G. Weiler, 1137 Elmwood Hans Weiler
Road, at the applicant ' s request. Motion, Ayes (5) - #628
Nays (0 ) .
' ' Page 3
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August 5, 1981
Mr. Charles Weaver, Chairman
Metropolitan Council
300 rletro Square Building
7th & Robert Streets
St. Paul, MN 55101
Re: City of Orono Comprehensive Plan Review
Metro Council Referral File No. 8569-1
Dear Chairman Weaver:
�^7e are pleased to have received notice that the yietropolitan
Council approved our Comprehensive Plan on June 25 , 1981. [4e �
are especially pleased that the Physical Development Com.�nittee
and the full Council found that " . . .no plan modifications are
required. . . " . The Orono City Council expects to formally adopt
the Plan within the next 30 days.
In our appearance before the Physical Development Committee, we
discussed an issue regarding delineation of the Urban Service ',
Area around "Study Area #2" . This is noted as item D in your
letter of June 8, 1981 and in the PDC report.
With this letter and attached Resolution #1298 , the Orono City
Council wishes to respond to the Metropolitan Council by offi-
cially requesting that our rural designation of Sewer Stud� Area
#2 be recognized as an exeeptional case pursuant to Water Quality
Management Plan Policy 7. We feel that this designation is
internally consistent with our Plan, and is fully consistent with
overall Metropolitan goals and policies .
The principal purpose of our providing sewer to Study Area #2 ,
and the principal purpose of our decision to retain the "rural"
designation for the Area, was to abate existing pollution and
health problems and to meet water quality standards, not to
provide an impetus for additional urban-type development. This
is precisely the intent and purpose expressed for the Rural
Service Area on page 11 of the WQMPP. On the other hand, c:es-
ignation of Area #2 as "urban" would in itself contribute to
leapfrog urbanization of this Area and, more imPortantly, of
surrounding vacant rural lands. That would truely be inconsistent
with Orono' s plans and inconsistent with overall M�tropolitan
policies .
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Thank you for your consideration. We look forward to working with
you and your staff in review of this request.
Sincerely,
�"
. ��1,,�' , �
William B. Van Nest
Mayor
cc: William Sando, Metropolitan Council District #16
City Council Members
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' REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 10 , 1981 Page 5
Jeanne Mabusth, Zoning Administrator , reviewed with VARIANCE
the City Council the variance request of Richard P. 1373 Rest Point Road
Mich, 1373 Rest Point Road. #631
Richard P. Mich
Councilmember Hurr noted that it was a substandard
lot with three accessory buildings on it that is
inconsistent with the zoning code.
Hurr moved, Paurus seconded, to table the variance
request of Richard P. Mich, 1373 Rest Point Road,
and to refer back to the Planning Commission for
further recommendations regarding the three accessory
buildings. Alotion, Ayes (5) - Nays (0 ) .
Jeanne Mabusth, Zoning Administrator , reviewed with VARIANCE
the City Council the variance request of Alden 1900 Shoreline Drive
Anderson, 1900 Shoreline Drive. #635
Alden Anderson
Mr. Anderson and his attorney, Mr . Thorfinnson� were
present.
Mayor Van Nest moved, Hurr seconded, to table the
request of Alden Anderson, 1900 Shoreline Drive ,
and requested staff to review the history of the
ownership and tax records. Motion, Ayes (5) - Nays (0 ) .
James Olson, City Engineer , reviewed with the City NORTH SHORE DRIVE/
Council the bids received for the construction of HIGHWOOD SEWERS
sanitary sewer at the North Shore Drive/Highwood
area.
Mayor Van Nest moved, to adopt the resolution
accepting bids subject to receiving all easements
prior to signing the bid. No second.
Mayor Van Nest moved to table the acceptance of
bids until the next meeting and instruct staff to
send out necessary easement forms with a release
waiver of rights of appeal . Mayor Van Nest withdrew
his motion.
Mayor Van Nest moved, Hurr seconded, to adopt RESOLUTION #1302
Resolution #1302 , A Resolution Accepting Bid And Accept Bids
Ordering Improvement LS-1981-1, Ideal Enterprises LS-1981-1
in the amount of $40 , 895. 95, conditioned upon the
City receiving easements and to direct staff to send
out release of appeal forms for this assessment, but
if not forthcoming, to turn the item back to the City
Council at the next meeting. Motion, Ayes (5) - Nays (0 ) .
REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 10 , 1981 Page 6
Paurus moved, Mayor Van Nest seconded, to table the ACCEPTANCE - SEWERS
following resolutions and requested staff for a 1980-LS-1 & LS-2
breakdown of costs for these projects :
a) Minnetonka Bluffs & Shoreline Drive Area
b) West Ferndale Road & Orono Lane Area
c) Scotch Pine Lane & North Shore Drive Area
Motion, Ayes (5) - Nays (0 ) .
A letter to Mr . George Lusher, Chief Administrator, RICHARD WILLIAMS
Metropolitan Council, from Mr . & Mrs. Richard Williams, 4315 North Shore Drive
4315 North Shore Drive, was presented to the City
Council for information.
Letter - Page 7
Mayor Van Nest moved, Butler seconded, to request LANDFILL SITE SELECTION
staff to draft a resolution supporting Minnetrista ' s Minnetrista
resolution regarding Hennepin County Solid Waste
Landfill Site Selections and to remove thelandfill
site from the Lake Minnetonka Watershed District.
Motion, Ayes (5) - Nays (0 ) .
Mayor Van Nest moved, Butler seconded, to pay $600 LEAGUE OF MINNESOTA
to the League of Minnesota Cities Building Program CITIES BUILDING PROGRAM
for Orono ' s share for this year and to include a
cover letter objecting to the Building Program and
that this payment does not obligate Orono in future '
years. Motion, Ayes (5) - Nays (0) .
Councilmember Gregg S. Hannah informed the City RESIGNATION
Council of his resignation from his Council seat Gregg S. Hannah
at the end of tonight ' s meeting due to his moving
from the City of Orono.
Councilmember Butler informed the City Council that CABLE TV REPORT
a Cable TV booth at the Long Lake Corn Days will not
be possible .
The status of the Cable TV Committee will be on the
next Council agenda.
No report from the Transportation representative. TRANSPORTATION REPORT
Hurr moved, Butler seconded, to adopt Resolution RESOLUTION #1303*
#1303 , A Resolution Approving The Sanitary Sewer Sewer Agreement
Construction And Service Agreement Between The City Orono/Long Lake/Medina
Of Long Lake/City of Orono/City of Medina. Motion,
Ayes (5) - Nays (0) .
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REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 10 , 1981 Page 8
Hurr moved, Butler seconded, to approve the bid BID AWARD*
for the purchase of a 1982 Cushman Truckster for the Cushman Truckster
Orono Golf Course from the Cushman Motor Company, Inc .
not to exceed $5,835. Motion, Ayes (5) - Nays (0) .
Hurr moved, Butler seconded, to approve the Budget BUDGET & EXPENDITURE*
& Expenditure Report for the first six months of Jan. -June , 1981
1981 . Motion, Ayes (5) - Nays (0) .
Hurr moved, Butler seconded, to approve the RECEIPTS, DISBURSEMENTS
Summary of Receipts, Disbursements & Balances & BALANCFS*
for the months of April, May, & June , 1981 . April, May, June , 1981
Motion, Ayes (5) - Nays (0) .
Hurr moved, Butler seconded, to approve the RECEIPTS, DISBURSEMENTS
Summary of Receipts , Disbursements & Balances & BALANCES*
for January-April , 1981. Motion, Ayes (5) - Jan. -April, 1981
Nays (0) .
Hurr moved, Butler seconded, to adopt Resolution RESOLUTION #1304
#1304 , A Resolution Authorizing Participation In Shade Tree
The 1981 Minnesota Shade Tree Grant Program And
Amending Resolution Number 1232 . Motion, Ayes (5) -
Nays (0 ) .
Hurr moved, Butler seconded, to approve the salary SALARY ADJUSTMENT*
adjustment for Pamela Sutton, Building & Zoning Pam Sutton
Clerk-Secretary, to $5. 00 per hour, effective
August 17 , 1981 . Motion, Ayes (5) - Nays (0) .
Hurr moved, Butler seconded, to approve the letter DNR PARKING LOT LETTER*
to Mr . Merton Christian, DNR, from Dick Benson,
City Administrator, regarding the DNR parking lot,
dated August 3 , 1981 . Motion, Ayes (5) - Nays (0 ) .
Letter - Page 9
Hurr moved, Butler seconded, to approve the letter LONG LAKE PROBLEM*
to Mayor Diane Gallagher in response to her letter
regarding a problem at the lake in Long Lake . Motion,
Ayes (5} - Nays (0) .
Letter - Page 10
The purchase of the North Star Marina by Chaska CHASKA MARINE
Marine was discussed.
� Page 9
CIT�' of ()R()�()
I'ust l)ff►ce tiux 6ti�C'ry�tal Ba�. �i�nne.ut:� :�'�:i'.',:i•;�1un�cipal l)fficea
On tht� ,\'�rth Shor� oj Lake .'�1i�tneto�ika -
August 3 , 1981
D1r . �i�,rton Christian
Department of Natural Resources
Bsr�au of Land, Acquisition & Exchange Section
444 La*ayette Road
St. Paul , �•iinnesota 55101
Dear �Ir . Christian :
Attached is a letter received from Wendy kalker , Senior R�alty
Specialist with your department. The letter in itself is
representative of a person who lacks in communication skills
r.ecess3r1� to overcome frustrations in government today and I
belie�v�e deserves further explanation from Wendy Walker , who
re�resents the DNR on land acquisiti�n and land use matters. To
accuse the Orono City Council of being obstinate and :�ot willing
to react rationally to the DNR development plans for Parcel #24 ,
located in the City of Orono, is absolutely irresponsible and shows
lack of concern for the Orono City Council ' s responsibility as
outlined in its approved Community Management Plan, to set standards
for the use of lands in Orono for public purposes or for a,:1� other
purpcse i�cluded in the City Zoning Ordinances.
when another realty specialist is assigned to dis�uss tris r!atter
with us , I , City s�aff , ar.d the City Attorney would be :�ost happy
to discuss with you the City ' s Resolution #1297 and the legal
ramificatiors that cannot .be accepted by your agency, and how we mignt
resol��e the future uses of Parcel tt24 .
If you have any questions or wish to discuss this matter rurther,
please feel free to call me at my ofFice , 473-7358 .
Sincerel�,�,
1-�-� .��
Walte . .�`enson
Citv hdministrator �-
- �- --
„_ _ �� __ _.
/
cc : City Council Tom D�:-ger
Bruce !�alkerson , City Attorney John Gerhardson , Public P.orks
�vc��dy Walk�r C�ordinator
Dei Barb<. r Glenn Cook , City Engineer
Alan Olson , Cit� Planner
F.nc losurc�
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�titil 1ti1��
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f ,.�i a 2 a �:;:,�Ay{.rY�`-
� ''� _`".;,� On the North Siz�>r� o�Lake !Llinneto�tka
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August 7, 1981
Mayor Diane Gallagher
68 Brocan Road South
Long Lake , Minnesota 55356
Dear riayor Gallagher :
I recently requested City staff to inv�stigate the complaints you
have received from several residents and Councilmember John Metz
concerning a long pipe located in Long Lake, originating from a
home in Orono.
The long pipe referred to in your letter is a water intake for
lawn watering needs at the Kirk S. Bomen residence at 951 Spring
Hill Road.
The detergent-like seeds noted in your letter were discussed with
Dr . Shapiro of the University of Minnesc�ta Liminological Research
Center . P�lr . Shapiro commented that all bodies of water contain
natural organic materials in the surface film which act as surfactants
(detergents), and tend to foam during windy days and billows three to
four inches high are normal. An off-white or yellowish color of
these billows are due to humic matter, the reamins of dead leaves,
and plants, which tend to stain waters. Dr. Joseph P. Rossilon,
Executive Director of the Freshwater Biological Research Foundation
covers this very well in a three-part series in the Lake Minnetonka
Sailor newspaper .
In conclusion, we find no evidence of a point source pollution to
the lake of Long Lake .
On another matter , the Burlington-Northern Railroad has completed
cleaning the ditch area along their railroad tracks of debris and
dirt which caused a backup into the sewer manholes in your area. We
are now inspecting each manhole to determine what repairs are
necessary to prevent infiltration into your sanitary sewer system.
Thank you for advising me of these problems and please contact me
if other problems aris� .
Sincerely,
��/�
Walt . Benson
Cit Administrator
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REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 10 , 1981 Page 11
Hurr moved, Mayor Van Nest seconded, to table the VELIE/GIBBS LAKE
Velie/Gibbs Lake access matter . Motion, Ayes (5) - ACCESS
Nays (0 ) .
Mr . Larry Hork, owner of North Shore Marina, and his NORTH SHORE MARINA
attorney, Bruce Douglas� were present.
Mr. Douglas presented a letter to the City Council
explaining his reasons for not being prepared to
discuss the North Shore Marina.
Hurr moved, Butler seconded, to table the North
Shore Marina matter until the regular meeting of
September 14 , 1981, and requested Mr. Douglas to
prepare the necessary information and present to
the staff for review by September 1 , 1981 , with
action to be taken on September 14 , 1981 . Motion,
Ayes (5) - Nays (0 ) .
Hurr moved, Butler seconded, that the following LICENSES*
licenses, be approved:
East Tonka Sanitation - Garbage Hauler
Ray Stegora Plumbing Company - Plumber
Village Sanitation, Inc. - Garbage Hauler
Motion, Ayes (5) - Nays (0) .
Hurr moved, Butler seconded, that the Al1 Funds BILLS*
Accounts and the Liquor Store Accounts, be paid.
Motion, Ayes (5) - Nays (0 ) .
Hurr moved, Hannah seconded, that the meeting be ADJOURNMENT
adjourned at 9 :21 P.M. Motion, Ayes (5) -
Nays (0 ) .
5 /
/ i �/ �
William B. Nest, Mayor
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Attest : � :/''
A berta M. Strom, ity Clerk