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Home My WebLink About12-14-1981 Council Minutes �.'' � �.- . ' `- CITY OF ORONO Regular Meeting of the Orono Council, 7 : 00 P .M. December 14 , 1981 The Orono Council met on the above date with the following members present : Mayor Van Nest, - Councilmembers Butler and Hurr . Councilmember Frahm arrived at 7 : 03 P.M. Also present : City Planner Olson, Zoning Administrator Mabusth, City Attorney Malkerson, Chief of Police Kilbo, Public Works Coordinator Gerhardson, City Administrator Benson, and City Clerk Strom. Absent : Planning �ommission representative Hammerel and City Engineer Cook. Mayor Van Nest administered the Oath of Office OATH OF OFFICE to Timothy Adams , newly appointed Councilmember. Timothy Adams Teresa Stewart, representative from AAA, presented AAA AWARD Chief of Police Kilbo AAA' s 1981 Pedestrian Safety Pedestrian Safety Award, stating that Orono has not had a pedestrian fatality in three years. Butler moved, Hurr seconded, to remove items CONSENT AGENDA* 4 , 24 , 25, 33 , 34 , 35, & 37 from the Consent Agenda* . Motion, Ayes (5) - Nays (0 ) . Butler moved, Hurr seconded, to approve the Consent Agenda*, subject to removing items 4 , 24 , 25 , 33, 34 , 35, & 37, 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 ) . Butler moved, Frahm seconded, to approve the MINUTES Minutes of the Regular Meeting of November 9 , November 9, 1981 1981, as amended. Motion, Ayes (5) - Nays (0 ) . No comments from the Park Commission. PARK COMMISSION Councilmember Hurr, Orono ' s representative to LMCD REPORT the Lake Minnetonka Conservation District, reported that she attended the December 11, 1981 meeting which was ai.tended by all of the representatives. Councilmember Hurr reported that she will be on the lake uses and structures committees. No comments from the Planning Commission. PLANNING COMMISSION No comments from the public present. PUBLIC COMMENTS � . � REGUTAR MEETING OF THE ORONO COUNCIL, DECEMBER 14 , 1981 Page 2 Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1340* #1340 , A Resolution Directing Staff To Issue A Chaska Marina License Commercial Dock License To Chaska Marina, Subject To Conditions Noted Herein For The Period Of September l , 1981 To December 31 , 1981. Motion, Ayes (5) - Nays (0 ) . Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1341* #1341 , A Resolution Approving The Plat Of Bayside Bayside Beach Plat Beach, for James McCleary, 3445 Bayside Road. 3445 Bayside Road Motion, Ayes (5) - Nays (0 ) . � Jeanne Mabusth, Zoning Administrator, reviewed CONDITIONAL USE PERMIT with the City Council the after-the-fact conditional 1965 Tamarack Drive use permit of James Thaxter, 1965 Tamarack Drive. #644 James Thaxter Mr . Thaxter was not present. Hurr moved, Frahm seconded, to table the after- the-fact conditional use permit application of James Thaxter, 1965 Tamarack Drive , subject to Mr . Thaxter providing a flowage and conservation easement before January 11 , 1982 and authorized staff to issue a violation tag on January 11, 1982 if the easement has not been provided by that date . Motion, Ayes (5) - Nays (0 ) . The City Council discussed increasing the fees AFTER-THE-FACT FEES for after-the-fact applications, and requested staff to review and make recommendations to the City Council at a future meeting. Jeanne Mabusth , Zoning Administrator, reviewed with SUBDIVISION the City Council the preliminary subdivision request 1917 E. Wayzata Blvd. of Scott Goldsmith, 1917 East Wayzata Boulevard. #653 Scott Goldsmith Mr. Goldsmith was present. Hurr moved, Butler seconded, to approve the request of Scott Goldsmith for a preliminary subdivision at 1917 East Wayzata Boulevard per the Planning Commission recommendations of November 16 , 1981, subject to providing a flowage easement over the drainage ravine that flows west and thence south. Motion, Ayes (5) - Nays (0 ) . Jeanne Mabusth, Zoning Administrator, reviewed with SUBDIVISION the City Council the preliminary subdivision request of 2710 Walter ' s Port Lane Michael Pluhm, 2710 Walter ' s Port Road. #657 Michael Pluhm Mr. Pluhm and his attorney were present . (Continued) REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 14 , 1981 Page 3 Hurr moved, Butler seconded, to approve the prelimi- SUBDIVISION nary subdivision request of Michael Pluhm, 2710 Walter ' s 2710 Walter ' s Port La. Port Lane , per the Planning Commission recommendations #657 of November 16 , 1981 , subject to the Mernik property Michael Pluhm being connected to the City water stub being brought to the property line; location of the wetlands and utilities easements being addressed and determined by staff as to the minimum necessary for the City' s protection; extinguish all interest in access easement to Shadywood Road; and landscaping of the ramp area after removal of ramp. Motion, Ayes (5) - Nays (0) . Jeanne Mabusth, Zoning Administrator, reviewed with VARIANCE the City Council the variance request of Steven 1396 Baldur Park Road Posnick, 1396 Baldur Park Road. #664 Steven Posnick Butler moved, Hurr seconded, to approve the variance request of Steven Posnick, 1396 Baldur Park Road, per the Planning Commission recommendations of November 16 , 1981 . Motion, Ayes (5) - Nays (0 ) . Mayor Van Nest moved, Hurr seconded, to table the CONDITIONAL USE PERMIT after-the-fact conditioal use permit of Richard 659 Mtka. Highlands La. Speeter, 659 Minnetonka Highlands, per the request Richard Speeter of the applicant. Motion, Ayes (5) - Nays (0) , Jeanne Mabusth, Zoning Administrator, reviewed with RECONSIDER MOTION the City Council the request of William Sexton, 1495 Greentrees Road 1495 Greentrees Road to reconsider the City Council ' s William Sexton previous action concerning the removal of the caretaker ' s house . Mr. Sexton was present. Mayor Van Nest moved, Hurr seconded, to request staff to draft a resolution to be signed-off by William Sexton, 1495 Greentrees Road, to extend the time-frame for the removal of the caretaker ' s house to May 1, 1982 ; that the house not be used for occupancy between now and May l , 1982 . Motion, Ayes (5) - Nays (0) . Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1342 Resolution #1342 , A Resolution Providing For The Revenue Bonds Issuance And Sale Of A Revenue Bond Pursuant To Nelson/Crear Chapter 474 , Minnesota Statutes, To Provide Funds To Be Loaned To William Crear , Jr . and Jon R. Nelson For Industrial Development Project, and to approve all other documents submitted with this resolution. Motion, Ayes (5) - Nays (0 ) . REGU�AR MEETING OF THE ORONO COUNCIL, DECEMBER 14 , 1981 Page 4 Mr . Steve Wilson, 3508/3510 Ivy Place , was present STEVE WILSON MATTER concerning his item under the Consent Agenda* . 3508/3510 Ivy Place Mayor Van Nest moved to have item #14 removed from the Consent Agenda* that was approved earlier. Mayor Van Nest moved, Hurr seconded, to request staff to draft a resolution to be filed in the chain of title : 1) that the two lots will be combined into one lot; 2 ) that the improvements that Mr. Wilson now has that are on the City right-of-way will be identified and allowed; 3) that Mr . Wilson shall have rights to ' those improvements as long as they remain; 4 ) that Mr . Wilson will have five years, or until the sale of the property, to use the guest house; 5) stipulating the intent of the fire lane is for pedestrian traffic for neighborhood residents. Motion, Ayes (5) - Nays (0) . The Highwood Sewer Project item was tabled until the HIGHWOOD SEWER meeting of January 11 , 1982. John Gerhardson, Public Works Coordinator, stated TRAFFIC SIGNAL that the traffic signal at Highway #12 and the Old Crystal Bay Road will be in operation in January, 1982. Mayor Van Nest reported that there would be a SOLID WASTE DISPOSAL PCA meeting on December 16 , 1981 concerning the solid waste disposal problem. � Mayor Van Nest announced that the Mayor ' s Association MAYOR' S ASSOCIATION will meet on January 7 , 1982 at 7 : 30 P .M. at the MEETING Orono Council Chambers. Mayor Van Nest reported on the Painter ' s Creek PAINTER'S CREEK & Lake Katrina watershed districts. KATRINA WATERSHEDS Mayor Van Nest discussed the Lake Minnetonka Area CABLE TV REPORT Mayor ' s meeting of December 3 , 1981 concerning Cable TV. He stated that there are 4 Cable TV areas: 1 . Mound, Spring Park, Minnetrista 2 . Orono, Medina, Long Lake , Minnetonka Beach 3 . Wayzata 4 . South Lake Service Area Councilmember Butler reported that the South Lake Service area probably is not willing to join with other communities and that Spring Park will probably disassociate itself from the Mound service area. She stated that there is a strong possibility that Spring Park and Wayzata might join in with Orono, Lonq Lake , Medina , and Minnetonka Beach. REGULAR MEETING OF TFiE ORONO COUNCIL, DECEMBER 14 , 1981 Page 5 Mayor Van Nest moved, Hurr seconded, that Mayor Van CABLE TV SERVICE AREA Nest attend the Mayor ' s Association meeting on January 7, 1982 , and that Councilmember Butler attend the South Cable TV meeting on January 7 , 1982 , to state the Orono City Council ' s position that the City definitely wants to create and operate in one large Lake Minnetonka cable area; that the City wants to establish one cable commission that would be authorized to negotiate one franchise for one large Lake Minnetonka cable area; the City would want that cable commission to be representative of the communities and would like that cable commission to operate on an annual budget. Any and all fees that are collected by the commission will go back to each individual city on the same basis that its population or its pro-rata share of the budget are paid to the commission, and that the cable commission will be funded by participating cities on the same basis that its population or fees are determined or paid, and that any city may withdraw upon predetermined reasonable notice . Motion, Ayes (5) - Nays (0 ) . The 1982 Westonka Counseling for Older Adults Program WESTONKA COUNSELING - Agreement and Resolution was tabled until the next OLDER ADULTS meeting with the request that a member from that organization attend the meeting to explain their services. Mayor Van Nest moved, Frahm seconded, to adopt RESOLUTION #1343 Resolution #1343 , A Resolution To Amend Resolution Amend Resolution #1333 #1333� A Resolution And Agreement Approving Documents OLLM Sewer Pursuant To The Long Lake/Orono/Medina Sanitary Sewer Construction And Service Agreement Dated August 10 , 1981 (Hereafter Called LLOM Agreement) . Motion, Ayes (4) - Nays (0 ) . Councilmember Hurr abstained. Butler moved, Hurr seconded, to approve the salary SALARY INCREASE* increase for Police Officer Judy Munsch to $1, 520 . 76 Judy Munsch per month, effective January 1, 1982 . Motion, Ayes (5) - Nays (0) . Dick Benson, City Administrator , informed the City 1982 SALARY SCHEDULE* Council that he is in the process of employee per- formance reviews, department functions, and total performance standards within each department to allow updating of all job descriptions and coordination of our various functions. Mr . Benson stated that he will have a recommendation for the 1982 salary schedule in January, 1982 . REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 14 , 1981 Page 6 Butler moved, Hurr seconded, to approve the LETTER OF CREDIT* release of the $5,000 letter of credit to the Northgate Partnership Northgate Partnership. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to approve the Liquor LIQUOR STORE REPORT* Store Operating Results for six months ending Ending June 30 , 1981 June 30 , 1981 report prepared by Tom Kuehn, Finance Director, dated December 2 , 1981. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to approve the transfer TRANSFER* of $40 ,000 from the Liquor Operating Fund to the Liquor to General Fund General Fund. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to approve the transfer TRANSFER* � of $10 ,000 from the General Fund to the Improvement General to Equip. Outlay and Equipment Outlay Fund. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to approve the transfer TRANSFER* of $5,000 from the Sewer Operating Fund to the P. I .R. Sewer Operating to P. I.R. Fund. Motion, Ayes (5) - Nays {0) . Butler moved, Mayor Van Nest seconded, to approve TRANSFER the transfer of $6 , 325 from the General Fund Street Front End Loader Department to the Equipment Outlay Fund for the Repayment repayment for the Front End Loader. Motion, Ayes (5 ) - Nays (0) . Butler moved, Mayor Van Nest seconded, to approve TRANSFER the transfer of $8 , 000 from the General Fund Street Tractor/Loader/Backhoe Department to the Equipment Outlay Fund. Motion, Repayment Ayes (5 ) - Nays (0) . Butler moved, Mayor Van Nest seconded, to approve TRANSFER the transfer of $1, 800 from the General Fund Repayment Ford Fairmont Administration Department to the Equipment Outlay Fund to repay the cost for the 1980 Ford Fairmont. Motion, Ayes (5 ) - Nays (0) . Butler moved, Hurr seconded, to approve the transfer TRANSFER* of $2, 906 from the Sewer Operating Fund to the Debt Sewer Operating to Service Fund. Motion, Ayes (5) - Nays (0) . Debt Service Fund Butler moved, Frahm seconded, to approve the TRANSFER transfer of $14 , 586 . 13 from the Revenue Sharing Revenue Sharing to Fund to the General Fund. M�tion, Aves (5 ) - General Fund Nays (0 ) . RECULAR MEETING OF THE ORONO COUNCIL, DECEMBER 14 , 1981 Page 7 Dick Benson, City Administrator, presented the STATE AID REDUCTIONS City Council with a memo concerning State Aid Reductions dated December 3 , 1981. At 8 : 30 P .M. , Mayor Van Nest announced that the PUBLIC INFORMATION public information meeting concerning the Park MEETING Lane Lake Access was now opened for discussion. Park Lane Lake Access Many residents of the Park Lane Lake Access were present in response to a letter mailed to them December 10 , 1981, informing the residents that the Park Lane and North Arm Bay parking matter would be on the agenda December 14 , 1981. Dick Benson, City Administrator, presented the City Council with a memo concerning the Park Lane Lake Access dated December 4 , 1981 , which states: • I have reviewed the Park Lane Lake Access at North . Arm and recommend we follow the same procedure we have followed when identifying a lake access problem and attempting to regulate if there is, indeed, a public safety, health, and welfare problem. I recommend the City designate "No Parking" strictly enforced 24-hours a day, seven days a week. Since the area is actually a cul-de-sac and part of Park Lane used by residents and overall street traffic, and not only an access to the Lake , the area can be designated tow-away zone and enforced as such. If � through this winter-and summer-time frame (81-82) , � we do identify other violations that subject our residents to public safety, health, and welfare concerns, I do recommend, at that time, we consider other action at the actual lakeshore frontage access. My rational for this action is reviewing other lake accesses that have been regulated, each has had a vast history of either motorized vehicles interfering and causing safety problems with swimming lessons during summer months, cars and trailors backing out into a heavily traveled primary street from a short access to the lake with no cul-de-sac , or a lake access that simply dead-ends at the lake that is only classified as a fire lane and has no other identity except cause extreme hardships for abutting property owners. Park Lane access is a cul-de-saced traveled street and should be considered and evaluated from a different prospective . The only vaild complaints on record are seven parking complaints. �e have had no calls, no complaints, since April , 1981 . (Continued) REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 14 , 1981 Page 8 Mr. Rudd and Mrs. Vogt were informed this fall that PARK LANE LAKE ACCESS the City staff were reviewing the total street (Continu�d} problems as it relates to the present winter lake access use. The street itself cannot accommodate on- street parking. There is no reasonable means to accommodate off-street parking, consequently, parking should not be allowed at all in the area. I have requested concerned residents to document other abuses to allow Council consideration for public access closure. Council Meeting - December 14 , 1981 Mayor Van Nest asked for a show of hands of how many persons present were in favor of leaving the access open. The majority of persons present raised their , hands. Mayor Van Nest then asked for a show of hands of how many persons present were in favor of having the access closed. A small number of persons raised their hands. Mr. Harold Vogt, 630 Park Lane, was spokesman for the group of persons in favor of closing the lake access . Mr . Vogt stated that the street is too narrow for on-street parking; there are many speeders on the short and narrow road; eleven children live on Park Lane; and that there were 70 fishhouses on the lake last year. Mr. Vogt stated that the residents were in favor of "No Parking" signs and 10-15 MPH speed limit signs being placed on Park Lane . Mrs. Betty Rudd, 601 Park Lane, stated that Park Lane is not a road for two-way passing, so why should so many people be allowed to use the road? Mr. Stan Rudd, 601 Park Lane , stated that his daughter- in-law had been run off of the road twice . Shirley Laue , 594 Park Lane , stated that they never locked their doors until now, but find that it is necessary to lock them now because of problems. Last year a battery was stolen and gas was syphoned out of their cars. She also stated that she does not feel safe there anymore. Mayor Van Nest inquired if these problems were reported to the Police Department. Mrs. Laue answered "No" , because she considered them minor problems but that the problems could become greater. (Continued) REGULAR MEETING OF THE ORONO COUNICL, DECEMBER 14 , 1981 fage 9 Mr. Vogt stated that it is not the regular sportsman- PARK LANF; LAKE ACCESS type fisherman that they want to keep out. It is the (Continu�:d) outlaws that they want to keep out but how can that be regulated--which are which? Mayor Van Nest stated that the City cannot keep citizens from using the lake for fishing. Mr. Vogt stated that the residents want the access closed because of public safety. Other lake accesses were discussed. Mr . Vogt stated that fishermen with plows could plow roads on the lake from other accesses and not use the Park Lane access. Mr. Rudd stated that he had been with Hennepin County Water Partol for ten years, as a volunteer, and stated that this past winter was the worst that he had ever . seen. All night long traffic is going past with some persons getting stuck and using material from the lake- shore properties to get their cars free. There is no place on Stubbs Bay to get onto the lake; at the Merrill/Gibbs locaton on Maxwell Bay, the access has been blocked off, and the access located by Gayles Marina is no longer available . Oak Street is open all the way down to the lake that could be used instead of Park Lane . John Gerhardson, Public Works Coordinator, stated that there is no access at Oak Street. Mayor Van Nest stated that he sympathized with the ' Park Lane residents, as he had the same problem at Carman ' s Bay where he lives. That access was a long dirt road that led to a swimming beach that became crowded with people so residents of the area took a survey of the fishhouses and found that they were not residents of Lake Minnetonka. The main problem there was that they were tearing up the City road in the spring, which cost the City of Orono manv dollars, so eventually that access was closed uuring the winter months. Mr . Vogt stated that the same problem is at Park Lane where the shoreline is being torn up. Mrs. Rudd brought up the fact that there had been a problem on Sunday. Dick Benson informed the citizens that the City Council has a police report concerning that problem where a sign stating that the access was closed had been put up in the area. Mr. Benson stated that the City had not put up the sign. (Continued) � REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 14 , 1981 Page 10 Comments for keeping the Park Lane Access open : PARK LANE LAKE ACCESS (Continued) Persons in favor of keeping the lake access open included: Duane & Howard Koerner, Ed Schanus, Ivan Gunsolus, LaDean McWilliams, Katherine Quady, Mr. & Mrs. Albert Hoppe , Elaine Goldsmith and Lowell Day. Ed Schauns, Maple Plain: I wonder if Mr . Laue ' s van might have been vandalized even if the access had not been open. Mayor Van Nest : It could have happened any way. Ivan Gunsolus, 51 Willow Drive : Mr. Vogt is suggesting that all fishermen are thieves and drunks and I am neither. Howard Koerner, Robbinsdale : I have been going out there for 20 years and I have never seen any trouble ' out there . There were more fishhouses last winter than ever before . I used to fish on Carman' s Bay until they put up the barrier, now it ' s too difficult getting there because of having to go through the different channels to get there from the Hennepin County ramp. LaDean McWilliams, 1130 Willow Drive : I am not a fisherman but I am against closing the access. I am against closing anything. I do not like people moving in here and then complaining of the access that has been � there forever. It is like people moving by the airport I and then complaining of the airplanes. The access was there first. Daniel Johnsten, Columbia Heights: Even with the access closed, people will still come there to fish from other bays and there will still be vandalism, drinking, and all of these problems. Closing the access will not prevent any of the problems stated. Speed signs and signs of children playing are a good idea. Mayor Van Nest : I agree with you except to the extent that the access gets overused. That little narrow street and end of the bay cannot satisfy the needs of all of the State of Minnesota for fishing there . At some point, we have to realize that we cannot handle the over-use and I think it is the obligation of the State of Minnesota to provide adequate accesses here. Hennepin County provides three adequate accesses on the Lake . Lowell Day, 2314 Olive Avenue : Many bays on Lake Minnetonka have small villages of fishhouses. I do not see how anybody can speed on the short, narrow Park Lane. It ' s impossible . (Continued) � REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 14 , 1981 Page 11 Mrs. Hoppe , 1295 Arbor Street: We enjoy fishing PARK LANE LAKE ACCESS there . We want the access kept open. Stubbs Bay (Continued) access and Maxwell Bay access have been closed. Citizen : How do you define public access? Mayor Van Nest : A public access is a narrow strip of land that runs down to the water l.ine that is owned by the City of Orono to be used for whatever purpose the City feels is for the public benefit. The City has the right to regulate it, which means the City has the right to close it, close if for part of a year , or put in a swimming beach. Our primary concern here is one of protecting the public safety, health and welfare of the citizens of Orono. We try to keep the accesses open for the general public until such time as the over-use or abuse of the access creates a public hazard, when that happens, we try to regulate the access in some fashion to protect the residents with the needs of the general public. � Councilmember Hurr : What percentage of the people drive out there? Mr . Vogt: When the ice is solid enough, most of them drive out there. The parking problem is generally during the ice breakup in the spring and the ice freeze-over in the winter. Mrs. Quady: I wonder why not study the possibility of opening some of the accesses that have been closed and not make a final decision on closing this access at this time . Mark Brice , Delano: If Stubbs Bay access were opened, I do not think anybody would put a fishhouse out there. Maxwell Bay does not have any fishhouses either. After a11 persons present had an opportunity to be heard, Mayor Van Nest closed the public information meeting. Mayor Van Nest moved, Frahm seconded, to approve the City Administrator ' s memo concerning the Park Lane Lake Access dated December 4 , 1981. Motion, Ayes (5) - Nays (0) . Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1344 Resolution #1344 , A Resolution Directing The Orono Park Lane No Parking Public Works Department To Place No Parking Signs On Park Lane And Elm Street In The City Of Orono. Motion, Ayes (5 ) - Nays (0) . Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1346 Resolution #1346 , A Resolution Designating A Tow- Park Lane Tow-Away Away Zone At The Park Lane Access At North Arm Bay. Motion, Ayes (5 ) - Nays (0 ) . Attendance List - Page 12 , Page 12 '" (��G ,�'-�'n�' .�� G�� , �� iy�i '/�'� d��--e-- . 1�=��'� � ; � [�i(tT � � � ��✓' (L,r / r'�� Y Y� Lo ��fio v+-t � �n , �f1 OPA/J �Gll�/lit�M S / l 3 c1 �`.�,�c�uJ �/� . ��' l��-��.�� iaa� �u��►-u�/�� i� � , . ,j�� Q.�� ,� �.�, �'.3 ��-�-� ��"L��1 ,r� , � ,��C< � �� -2 S' �"- � �r��6 n`��'o� � � ', 1��.��- �° � � �� '�,� � '. ��' � �.g c�l� `� � I ,1/ /��.� c�� ' �� v � � �� G� � �7 v ��,�� /I � � � �� d 3!� lJ�,! r/.� ,�'�z �� , , � , �� ' � o� �� j�� y �/��/�'� �o�l��s I � � , � � ,�� v�� // � � yy.�� /��'c��l��'S �,�.,�.�..��_ ,.��.�,3 �'�.�L� ��/�_ %� : ��Cn�� z�� l�� , ; ��'��!n-e , i� �� C�� ut � �� a � � � U� � �30 ��.lz�� ' � � i , � � � � � REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 14 , 1981 Page 13 Dick Benson, City Administrator, reviewed with DNR PARKING LOT the City Council his memo concerning the DNR Reaffirm Res�lutio�. parking lot at the Luce Line Trail dated #1297 December 8 , 1981 . �layor Van Nest moved, Butler seconded, to reaffirm Resolution #1297 , A R�solution Approving A Sub- division Of Land Owned By The City Of Orono For Sale To The Minnesota Department Of Natural Resources, adopted June 22 , 1981, and to instruct City Adminis- trator Benson to notify the DNR by letter of the above decision. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to approve the TRANSFER* transfer of $2 , 525 from the Water Operating Fund Water Operating to to the Sewer Operating Fund for the repairs and Sewer Operating maintenance to the Navarre area well. Motion, Ayes (5) - Nays (0) . Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1345 Resolution #1345, A Resolution Opposing Metro- Oppose Surface Water politan Council ' s Mandatory Surface Water Management Management Planning. Motion, Ayes (S) - Nays (0) . Dick Benson, City Administrator, reviewed with the MAPLE PLAIN TREATMENT City Council his memo concerning the Maple Plain PLANT Treatment Plant status , dated December 10 , 1981. The Orono City Council reiterated its position in supporting the upgrading of the Maple Plain Treat- ment Plant to reduce effluents, phophorous, and suspended solid content. REG�LAR MEETING OF THE ORONO COUNCIL, DECEMBER 14 , 1981 Pag� 14 Butler moved, Hurr seconded, to approve City REVENUE REPOitTS* Administrator Benson' s memo to Tom Kuehn, Finance Director, concerning revenue reports dated November 30 , 1981. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to approve City PERSONNEL POLICY* Administrator Benson ' s memo to Orono Department Heads concerning the Personnel Policy dated November 30 , 1981 . Motion, Ayes (5) - Nays (0 ) . Butler moved, Hurr seconded, to approve City CITY VEHICLE USE* Administrator Benson ' s memo to Chief of Police Kilbo, City Planner Olson, and Public Works Coordinator Gerhardson concerning City vehicle use, dated November 30 , 1981. Motion, Ayes (5) - � Nays (0 ) . Butler moved, Hurr seconded, to approve City DAVID DUFF SEWER* Administrator Benson ' s letter to Salisbury Salisbury Adams Letter Adams, Chairman of Metropolitan Waste Control Commission, concerning the David Duff Sewer matter, dated November 30 , 1981 . Motion, Ayes (5) - Nays (0 ) . Letter - Pages 15 & 16 Butler moved, Hurr seconded, to approve City FREDERIC HERFURTH* Administrator Benson ' s letter to Frederic Sewer & Water Rates Herfurth concerning sewer and water rates dated November 16 , 1981. Motion, Ayes (5) - Nays (0 ) . Letter - Page l� Butler moved, Hurr seconded, to approve City HENRY NEILS* Administrator Benson' s letter to Henry Neils Drainage Easement concerning his drainage easement dated November 30 , 1981. Motion, Ayes (5) - Nays (0) . Letter - Page lg Butler moved, Hurr seconded, to approve City JON ELAM* Administrator Benson ' s letter to Jon Elam, Fire Contract Mound City Manager, concerning the Fire Contract dated December 8 , 1981. Motion, Ayes (5) - Nays (0) . Letter - Page 19 • � . • Page 15 � � . ,., � -�� C I T�' of UR��T� , . ,:.. . .::�.�.,.: .�:� : �;,�,�� .. .► .�.'� {'��+t UClirr ft��x Mi•�'r��tal fi:ty. �1�nne.ut�5a3'�:;•hlunicipul Uftic��s . ..�.��•. •e. ,� J�l=Z t)�t th�• .�'c�rtlt �hure� uf Lak�• .11t�r►te•t�rtkct � November 30, 1931 DIr. Salisbury ada;ns , Chairman �Ietropolitan �daste Con�rol Com�nission 350 :�Ietro Square Saint Paul, r�v 55101 Re: � David Duff le�ter da�ed :�ovember 16 , 1981 � Dear Air. Adams: • �ae received a copy of D2r. Du�f ' s letter �.o you. �•1e haven' t hear3 from you, but we assume that you intend to refer this local service ques�ion back to the City as is your normal practice. Since you are personally fariiliar with the area, however, I thought you would like to know what has transpired on this to date. Mr. Duff' s letter is misleading on several points. The sewer built along County Road IS is �he MwCC` s Orono-Long Lake Interceptor, not a 1oca1 trunk secaer line. A local project has been installe3 to � serve properties adjacent to �uff ' s. His property was excluded because that is what he told the City Council he wanted. Mr. Duff and several others in similar circumstances were individually asked to chose whether they wanted to participate in the local sewer projects or not. These owners were given this opt�on because they were on the perimeter of the proposed sewer project area and because they each had o��er two acres of land, enough to a11ow adequate on- site sewage treatment and to conform to rural zoning requirements . Some chose to opt-in, others to opt-out. � All ��ern told in the st:ir.mer of 1980 that their decision would be final. Mr. Duff was given several opportunities to become involved . This point is important. The City Council bent over backward to be fair to the citizens and to keep them fully informed. People were justly concerned with the high cost of assessments. They did not want to pay for an expensive project only to have an adjacent landowner come in later without paying a fair share up front. All costs were determined on the basis of the numver of units served at the time the project was ordered. Two years worth of assessments and interest have already been paid. BUtLU111:a LII�I�I. - 17)•1337 � AUNI\I�fR,�ll(11 L �11A\lt �7) ')Sb • Yl bllC MUNKJ �'j 7)34 .��Jti�l�� :. ' „�i;�•�:i�;L,��r 3� , 1`�Sl I�.l�a�� :., , Page 16 Mr. Duff has now apparently changed his mind. Since June 1981, he or his attorney have attended three Cit}� Council meetings and several staff ineetings to discuss the possibility of having , his propert�� sewered. He is fully aware that the local projects, and the interceptor design capacity, ��ere intended to provide servicz �or e�isting houses havinq problems , .Zot �o provide capacit�� for i�ew urban development. The secaer project has not changed the zoning �chich remains at 2 . 0 acres per unit. ,lr. Duff has been told that the Cit�• can, ��ith some difficulty , provide se��er ser�Tice for his existing home since this was the purpose and intent of the local secaer Urojects . He has also been told that ir he has sutficient acreage, he may subdivide and create a nec,� two acre rural building site in addition to his existing homesite. This c.lould be entirely consisten� �aith Orono' s comprehensive plan, and with the identical possibilities open to others in his neighborhood. To sewer tcao lots , or to create a necv lot of less than t�ao acres would reauire a rezoning and a totally necJ se�tier project. Aqr, Duff has not responded. to aur October I9 , 1981, letter out].ining procedures for him to follow. He has not finaily told us which route he ��ishes to follow. In fact, Rir. Duff has a failing septic system ��hich he hasn' t corrected for over two years. v�e would hope he makes up his mind soon or we �aili be �forced into legal proceedings to enforce repair of that system. Orono ' s policies are clear, and the record is abundantly clear � concerning tiir. Duff ' s property. Orono installed a local sewer �roject to solve existing problems, not to encourage new urban �� density develooment . Orono has adequate rural zoning and on-site �i secaer standards to allow rural. subdivisions meeting accepted rural standards. Mr. Duff can either correct his septic problems � on-site, or he can have his existing home sewered. But if he wants to promote additional development, he wi11 either have to conform to minimum rural standards, or he will have to promote a comprehensive plan amendment �o have his im.mediate neighborhood redesionated as an urban development zone . As before, the choice is his . Sincerely, � � � Walt R. Benson � City Administrator cc: David Duff ' Senator George Pillsbury Mayor 6 City Council Richard Hassel �'�'�� Page 17 , • � e�� r°� .� �-�. ��.A,� i''i.'�+`' ��`,,' ';�` . � az �aa�.`.` �� y�"� � C I'�['�' �f 4�R0�1T�► 4 �� t��.�-1� �v��}k'•:•,' ' �� yr�f r4 Y e . . �� `'�'�r 1'ovt Uffice t3ox Ei(i•(:rystal Bay, tilinnesow 55323•h9unicipat Offices � �� ,� � � �u!�y�'�`►�,��' On the North Shore of Lake Afinnetonka ,.`_ .�;�';.;�� _:,�,_..��ar November 16 , 1981 Mr. Frederic Herfurth 205 Northgate Road Wayzata , Mn. 55391 Dear Mr. Herfurth, ' Please excuse our delay in responding to your inquires regarding the sewer and water utility systems and rates in your area. The City of Orono purchases water from the City of Wayzata for the homes in the Ferndale Green, Chevy Chase, and Northgate area of Orono. For this service Wayzata charges 25$ above the rates charged to Wayzata residents . This rate is charged on an in- dividual consumer basis each quarter. The City of Orono charges the consumer for the water purchased ; plus the normal cost of maintenance, meter reading, billing, administration, repairs , insurance, etc. related to that system. In the I980 rate study the estimated costs associated with this service area were $6 , 833 of which $5 ,175 represented water pur- , chased from Wayzata. That leaves $1 ,658 to support the activities mentioned earlier. � In regard to the sanitary sewer treatment charges, the Metropolitan Waste Control Commission (MWCC} has been in charge of collection and treatment for several years . However, the city still is responsible for maintenance and repair of certain areas. The City of Orono is billed by the MWCC for our share of the treatment costs. The gross charges from the MWCC have increased from $55 ,961 in 1977 to $117 , 308 in 1980, an increase of 110$ . City costs have increased from $54 ,999 in 2977 to $96 , 915 in 1980 or 76$. All Orono sewer users are inc].uded as ane service area because the MWCC services all of the sewered areas in Orono. Sincerely, �� !/ �. Walte R. Benson Cit Administrator BL'ILDIIG dc ZO'�ItiG - 413•7351 � AUMINISTRATI01 � FI'�'AtiCF — 473-7)59 • Pl'BLIC NURKS — 413•7359 � „ �. Pa:;�� 18 , �f � 7 s'C`�?LY�� T ' � },.� �,�.-: .� (:IT`� of �R�i"�� . :�:�,�� , •,.,.;;,�l;a,,�,�`,; t'u�t Ufficr Eiux 66•('�ystal Bay, �linnesota�b:i'w'i•btunicipal Office� •�%��;=y�� .', >,0..2 On the .`'c�rfh Slrore of Lake� ?tlinnetwika November 30 , 1981 � D1r. Henrv E. Neils 215 Barry Avenue, �108 � Wayzata, ;iinnesota 5539I Dear Henry, I am in receipt of your letter dated November 27 , 1981 , and to qive you my brief comment, I can only say I could not agree with you more . Orono` s agreement with Medina is clear and concise. The City of Medina at its own cost shall obtain necessary easements and shall reimburse to Orono all cost to obtain such easements , which are also legal costs if Medina does not perform. Medina shall maintain and restore all private and public properties to existing condition prior to construction and shall pay I00� of all costs related in any way to Pipe A. Pipe A is what you are referring to in your letter. My only other comment is it is impossible for the contractor to install , Pipe A in a restricted 10 foot utility easement. This will require at (k � least another 10-20 foot cor.struction easement which should revert back to a maintenance easement for the City of Median to have access to maintain Pive A. ; I suggest you discuss this with Medina and call me if this is not clear to them or to their a�torney. I do not feel I want to obligate the City of Orono to further legal cos�s on this particular subject, unless Mr. Schieffer officially indicates to me that his city does not intend to execute the signed agreement as stated. Call me at 473-7358 if any questions . Sincerely, �� n Wa te . Benson City dministrator WRB/r�sw CC: Bruce D. Malkerson , Orono City Attorney Dick Schieffer , Medina City Attorney , ��i�u��s ru��ficaa+��Ne�t ' ��ois k��r°�n fiti.,�ct - +;� >>sn • Pl BLIC hUKKS - �7J-7J59 ,��f.c�.r �° Page 19 �' , ,�_ � ' . - ',`,�'..� t i -,- , �iIT� t�D� ��1��- 4i i. � ""r Y, j;�=��"�`�`'�� F'o,�t UfCice F3ox 66•Crystai Ssy, Minnesota 55323•Municipal Offices . at..,;r �,:_:,�,�. ::,y':r,-y��• �,. t'9 0��f O�_. ��,�'��►,,.�,;, Un the North Shore of Lake 1�linnetonka i.ic�.:...,'_. ,- December 8 , 1981 Mr. Jon Elam City Manager 5341 Maywood Roa� Mound, Minnesota 55364 Dear Jon: ' Thank you for your patience in our review of the proposed 1982 Fire Contract with your City. There are several items within the proposed contract that should be refined or determined. 1. The service area should be defined by legal description 2. Preliminary budget fiqures should be determined by a mutually i agreed upon date � 3 . Assessed values should be determined as a preceeding year I valuation since we are always a year bellind 4 . We are reviewing appeal deadlines and other related items to allow sufficient time to execute administratively within the contract. Z feel we wish to eliminate any questions that might arise in the future to allow smooth maintenance of the agreement and to eliminate peaks and valleys within the intended language. I will be in touch with you as soon as our review is complete. Sincerely, �� Wal er . �nson City dministrator BUILUING� ZU�I�G - �71-7157 • AUNI\ISTRATIU'.�• FI\A�CF. - ��) �)SB • Pl'BLIC h(JKKS - ��3•�)5y ASSF SSI\c. • REC�ULAR MEETING OF THE ORONO COUNCIL, DECEMBER 14 , 1981 Page 20 Butler moved, Hurr seconded, to approve City BUS ROUTE 51-N* Administrator Benson ' s letter to John Yngve, Chairman of MTC concerning route changes for Bus 51N, dated November 25, 1981. Motion, Ayes (5) - Nays (0 ) . Butler moved, Hurr seconded, to approve City GRETCHEN HURR* Administrator Benson ' s letter to Gretchen Hurr , dated November 30 , 1981. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to approve City J. DIANN GOETTEN* Administrator Benson ' s letter to J. Diann Goetten dated November 30 , 1981. Motion, Ayes (5) - Nays (0 ) . Butler moved, Hurr seconded, to approve City GEORGE ROVEGNO, JR* Administrator Benson ' s letter to George Rovegno, Jr. dated November 30 , 1981. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to approve City MARY RIVERS* Administrator Benson ' s letter to Mary Rivers, dated November 30 , 1981. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, to approve City EDWARD HAMM* Administra�or Benson ' s letter to Edward Hamm Sewer Matter concerning 80-1 sewer matter, dated December 9 , 1981. Motion, Ayes (5) - Nays (0) . Letter - Page 21 Bruce Malkerson, City Attorney, reviewed with the LONG LAKE/ORONO/MEDINA City Council a letter from Richard J. Schieffer, Railroad Right-of-way Attorney for the City of Medina, concerning the railroad right-of-way within the City of Long Lake for the Long Lake/Orono/Medina sanitary sewer construction at an annual permit f�� of $750 . Mayor Van Nest moved, Butler seconded, to approve the annual permit fee of $750 for the railroad right-of-way within the City of Long Lake for the construction of the Long Lake/Orono/Medina sanitary sewer. Motion, Ayes (4 ) - Nays (0 ) . Councilmember Hurr abstained. �� .. Page 21 •��,`.��i��.�.:,�,.,�f :"�:{��.�y,��s,s:,�:�'� . �� .x�� A�4;� �I7��' o� URO►i�TO� �.:�.� �j��; +;"��11-'' F'ust Uffice tiox 66•Crystal Bay, Alinnesuta 553'23•Municipal Offices �Z� � ��r '�.:� a. � ' j�:r ��S ��.;,_ !.�„b,TR On th�• .tiorth Sizore of Lake Minnetonka �:y �. _..�v` December 9 , 1981 Mr. Edward Hamm 480 Orono Orchard Road Wayzata , Minn. 55391 Dear Mr. Hanun, ' On December 1 , 1981 , the City of Orono received a call from Mrs . H�mm stating that during the recent sanitary sewer construction in your area, the tile line that drains your pond must have been damaged or plugqed. Mr. John Gerhardson, Public Works Coordinator, has been tryinq to resolve the matter and has been workin_q with your caretaker , Mr. Al Gustafson to determine where the damage could have occurred. We are having a problem determining where the tile line outlets and � the route it takes as it leaves your pond. i Since the tile line is not identified by legal description , or its ; ` placement or location available on any city, village, or township records , it is not possible to determine if the drain is on public property, private property� or rail-road property. We do know that the tile line locatior. was not reviewed with the city engineer before construction commenced in this area. We have tried to obtain information from long time residents in the area but with no success. Until we know the routing of the tile line it is impossible to determine whether the city' s contractor caused damage to the tile when sanitary sewer was constructed, of if the tile is not draining because of other problems not associated with the con- struction. Please notify us if more definite information is available . Sincerely, �� ""Wa te . enson City Administrator WRB/msw HIILUI�G tic !.(ril'�(; - �7l•73�7 • aU�tl\ISTK:171(1� fiC FINA.VCF. 4"3 7J58 • Yl'BLIC wUItKS 3''3'354 1SS1 SS1�(� , x�GiJLAR MEETING OF THE ORONO COUNCIL, DECEMBER 14 , 1981 Page �;� Butler moved, Hurr seconded, that the following LICENSES* licenses, be approved: Wayne Dauwalter Plumbing - Plumber Larry Olsen Plumbing - Plumber Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, that the All Funds BILLS* Accounts and the Liquor Stare Accounts, be paid. Motion, Ayes (5) - Nays (0) . Butler moved, Hurr seconded, that the meeting be ADJOURNMENT adjourned at 11 : 07 P.M. Motion, Ayes (5) - Nays (0 ) . William B. an est, May r A t t e s t: c��.�C��i2�ic�� C�'.�/h� Alberta M. Strom, City Clerk