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HomeMy WebLinkAbout09-14-1981 Council Minutes CIT� OF OFtONO Regular Meetir.g of the Orono Council , 7 : 00 P.M. September 14 , 1981 The Orono Council met on the above date with the following member� gresent : Mayor Van Nest, Councilmembers Butler, Hurr, and Paurus. Also present: City Planner Olson, 7,oning r'ldministrator i�'labusth, Public Works Coordinatar Gerhard�cn, City Engineer Cook, City Attorney Malkers�n, Finance Director Kuehn, Planning Commission members : Franm, Goetten, and Jabbour , an�l City Clerk Strom. Mr . Paul Pearson, rlcCombs-Knudson Associates , was BID AWARD present to discuss the bid fo� the construc�ion of Medina-Morningside the Medina-Morningside sewer project. Sewer Project Mayor Van '�est moved, I3utler aecon�ed, to grant conceptual approval for the low bid of Nodiand Cor:struction Company in the amount of $734 , 349 and requested staff to draft a resolution far _ final adoption at the next regular Ccuncil meeting, that the low bid of Nodla�c� Construction Company ($734 , ��39} be accepted, subject to the plans and specifications for the construction of the Medina- D�Iorningside sewer line , all easements, and right- of-ways, contra�ts, and sewer agreement have been submi�ted, revie�,aed, and approved by the City Adzninistrator and City Council. Motion, Ayes (4 ) -- Nays (0 ) . At 7 : �0 P.M. , Pdayor Van P1est �nr.ounced triat nov� PUBLIC II�;I�RING was the Lime and place for the pubZic hea�ing Revenue Sharing Budget concerning the proposed uses of Revenue Sharing monies within the 1982 proposed General Fund Budget. City Clerk Strom p-reserited the Notice of Public Hearing and the Affidavit of Publication. Mayor Van Nest inquired if any�ne present wished to be heard. No one was present regarding the hearirg. Mayor Van Nest closed the hearing at 7 : 12 P.M. But?er moved, Hurr seconded, to approve the Consent GONSENT AGENDA* Agenda*, subject to removing items 10 & 11, ��aith all staff reports concerning items revi_�wed at this meeting to be attached to the original copy of these minutes on f_ile in the City Clerk ' s office . Motion, Ayes (4 ) - Nays (0 ) . Alan Olson, City Planner. , re�iewed with the City PAUL SMITH SEWER Council the request of Paul Smith, 2477 Dunwoody 2477 Dun7,voody Av��zzue Avenue , for sewer and water at this property. (Continued) REGULAR MEETING OF THE ORONO COJNC=IL, SEPTEMBFi: 14 , 1981 P�tg� 2 Mr. Smith and his attorney Gary Phelger were PAUL SMITH SEWER present. 2477 Dunwoo3y Avenue (Continued) Discussion included ttle past history of the construction of sewers in the area that provided sewer to other properties in the area but did not provide sew�r to 2477 Dunwoody Avenue . A stubb was instailed but no assessments were spread on the Smith property. Mr. Smith stated that his present system is adequate , as it has never over- flowed, but that he and his wife would now like to live in the house year-round and would need City sewer. Mayor Van Nest stated tr�at the City will not incur any expense , except that the City would order a ieasibility study to determine what the costs would be for Mr . Smith to pay. At the time of the study, it would be up to Mr. Smith to decide if a City project would be ordered with 100% of the cost assessed against the property, or whether to install sewer as a private project. In the event it does not go to a City project, the City will pay $250-$300 for the teasibility study. Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1312 Resolu.tion #1312 , A Resolution Ordering Pregaration 2477 Dunwoody Avenue Of A Sewer Anc: Water Feasibility Report For 2477 Sewer Feasibility Dunwoody Avenue at a cost not to exceed $250-$3Q0 . Motion, Ay�s (4} - Nays (0 ) . Hutler moved, Hurr seconded, to approve the Minutes MINUTES* of the Regular Meeting of August 24 , 1981. Motion, August 24 , 1981 �yes (4 ) - Nays (0 ) . Butler moved, Hurr seconded, to approve the Minutes MINUTES* of the Federal Revenue Sharing .�ublic Hearing of Federal Revenue Sharing Hugust 26 , 1981 . I��otion, Ayes {4 ) - Nays (0) . John Gerhardson, Public Works Coordinator, was DAYTON PARKING LOT present to discuss with the City Council the Dayton property parking lot. Hurr mov�d, M�yor Van Nest seconded, to approve the ten-vehicle parking lot at the Dayton property subject to a gate being placed at �the entra�lce to the parking lot, if another gate is needed for acc�ssibility of a mower, that is to be in the description, that the gates are to be locked at 10 :00 P.M. so as not to become a maintenance problem, if problems arise , bring back to the City Council for review. Motion, Ayes (4 ) - Nays (0 ) . I2EGrULAR ME;E�I�ING OF THE ORONO COUNCIL, SEPTEMBER 14 , 1981 Page 3 Couz�eilmember Faurus reported on future studies for LMCD REPORT thF� L�zke Min»etorika Conservation District, Nc� comnen�s from Planning Commis��c�n representative PLANNING COMMISSION Goetten. Butler mov�d, Hurr seconded, to approve the memo SE��7ER STUDY AREA �2* pi��par�d by A1an Olson, City Plannei- , regarding the Me�rogolitan Council action for Sewer Study Ar�a �2 . Motion, Ayes (4 ) - Nays (0 ) . Alan Oisor�, City Planner , inform�d the City Council MINNETRISTA LANDFILL that a resol.ution opposinq Minnetrista as a landfill site wil:� be presented at the next Counc.il meeting. �1an Olson, City Plann�r, presented the City Council MAPLE PLAiN TREATMENT �aith raemos prepared September 4 and September 11, 1981 PLANT concerning the Mapl� Plain Wastewater Treatment Plant �or Counc�l ' s �eview. Hurr m�ve�, �utl�r seconded, to adopt Resolution RESOLUTION #1�13 #1313, A Resolution Requesting Conveyance Of Tax Tax Forfeit Conveycnce �'o-rf�a_t L�rids ror Public Use By The City Of Orono. N7ot.ion, Ayes (4) - Nays (0 ) . Hu�r movec�, Mayflr Van Nes� seconded, to adopt �2ESOLUTION #1314 Resolu.t�ion #131� , Tax Forfeited Lands Released Tax F�rfeit For Sale F�r Public Sale , subject to notifyinq adjacent proper�ty owners of the available property. ���tic�n., Ayes (4 ) - Nays (0 ) . :�'an Ulson, Ci_ty I?lanner, Frepared a memo for LAND SUFtVEYING the C�_ty Counci_l ` s review regarding survaying REQUIREMENTS* requirements fcr City applications dated September 9 , 1981. Alan Ols�n, Cit_y Planner, prepared a mer.lo for IVY PLACE REPORT* i�he City Caunc�2 ' s review concerning a status report for the Ivy Place mattzr d�ted August 20 , 1981 a.rid Septen�er 9 , 1981 . Alan Olson, City Planner , presented the City A-1 RENTAL MAT'�ER* �ouncil with a letter to StevP ti�3agner , A-1 Rental, 3607 Shoreline Drive, regarding th� filling violation at the above address. REGUI,AR MEETING OF THE OR�NO COUNCIL, SEPTEMBER �.4 , 1981 Page 4 No camments from the public present. PUBLIC CON�iFNTS Jeanne Mabusth, Zoning Administrator, reviewed VARIANCE the application of Alden Anders�n, 190U Shoreline 1900 Shoreline Drive Drive , for a variance with the City Council. #635 Alden Anderson Mr . Anderson and his attorney,Mr . Thorfinnson, were present. Mayor Van Nest moved, Hurr seconded, to table the request for �� variance of Alden Anderson, 1900 Shoreline Drive, and to request sta�f to resear_ch fu•rther information regarding, 1) lake levels from 1948 ; 2) history of taxes prior to 1974 ; 3 ) review other resolutions that denied lot area and width applications. Motion, Ayes (4 ) - Nays (0 ) . Jeanne �?abusth, Zoning Administrator, reviPwed �aith SUBDIVISION the City Council the preliminary subdivision request 3500 Togo Road of_ John Watson, 3500 Togo Road. #639 �ohn Watson Mayor Van Nest moved, Butler seconded, to approve the preliminary subdivision request of John Watson, 35Q0 Togo Road, per the Plar�ning Commission r�com:-r,endaLions of August 17 , 1981 and to include an additional 5 ' of right-of-way along Togo Road. Motian, Ayes (4 ) - Nays (0 ) . Jeanne Mabusth, Zoning Administra�or, reviewed with S�JBDIVISION the City Council the preliminary subdivision request 1500 Brackett ' s Point Rd. �f Lachlan Reed, 1.500 �rackett 's Paint Roa�. #642 Lachl�n Reed bir . Reed was gresent. Hurr moved, Butl�r seconded, to approve the pre- liminary subdivisinn request of`Lach?an �eed, 1500 Brackett' s Point Road, per the Planning Commission recommendations of August 17, 1981 , subj�ct to the seFtic system for the guest ho;�se and poo� are to be c�mp�eted prior to final �lat approvalo Mo��or, AYes (� ) - Nays (0 ) . Je`27?`?e Mabus�h, Zoning Administrator, r�viewed with VARIANCE the City Cauncil the request for a variance of 192� Fagerness Point Rd. Briice Curtiss, 1920 Fagerness Point Road. #643 Bruce Curtiss Mr . & Mr� . Curtiss were present. Paurus mcved, Butler seconded, to approve the request for a v�riance of Bruce Curtiss, 1920 Fagerness Point Road, per the Plarining Commi.ssion recommendations of August 17, 1981. Motiori, Ayes (4) - Tvays (0 ) . F.E:=�LLAh PALETING OF THE ORONO COUNCIL, SEPTEMBER 1.4 , 1981 Page 5 Jeanne Mabusth, Zoning Administrator , reviewed with RESULUTION & RECONSIDER the City Council the resolution approving the s«le MOTION of City land to H. R. Johnston and Mr . Johnston ' s H. R. Johnston request for Council to reconsider conditions at a previaus motion. Paurus moved, Hurr second�d, to table the proposed resolution to approve the sale of City land to H. R. Johnston until John Gerhardson, Public Works Coordinator, provides further information. P�totion, Ayes (4 ) - Nays (0 ) . Mayor Van Nest moved, Butler seconded, to amend a previous motion For preliminary approval allawing removing the rzquiremer�t that the roadway on Block 3 , Lot 1 be totally removed and ior the motion to read "that only that portion of roadway which lies on Willow Drive right-of-way be removed and the ditch restored" , at the .request of H. R. Johnston. Motion, Ayes (4 ) - N�:ys (0 ) . Butler moved, Hurr s2conded, to a�opt R2solution RESOLUTION #1315* #1315 , A Resolution Directing Staff To Issue A Wayzata Yacht Club Joint L'se Dock License To Wayzata Yacht Club 1981 License Subject To Conditians Noteci Herein For The Period Of January l , 1981 To December 31, 1981 . Motion, Ayes (4 ) - Nays (0 ) . Paurus moved, Butier seeonded, to approve the BEDERWGOD PARK G�7ELL first and final payment to E. H. Renner & Sons First & Final Payment in the amount of $7 , 072 , for the Bederwood Park E.H, Renner w�ll . MoLion, Ayes (4 ) - Nays (0 ) . Butler moved, Mayor Van Nest seconded, to adopt RESOLUTION #1316 Resolution #1316 , A Resolution �lpproving And Accept Scotch Pir_e Lane Accepting The Sanitary Sewer Project For The North Shore Drive Sewer Scotch Pine Lane And Narth Shore Drive Area. Motion, �yes (4 ) - Nays (0 ) . Mayor Van Nest moved, Butler seconded, to approve CH�NGE ORDER #3 Change Order #3 for Nodland Associates in the Nodland Associates arnount of $250 , fc�r the Scotch Pin� Lane/North 1980-LS-2 Shore Drive Sewer Project. Motion, Ayes (4) - Nays (0} . Mayor Van Nest moved, Butle.r seconded, to approve #7 & FINAL PAYMENT payment #7 and final paymen� to Nodland A�saciates Nodland Associates in the �mount of $31 , 881 . 19, for the Scotch �ine 1980-LS2 Lane/North Shore Drive Sew�r Project . Motic�n, Ayes (4 ) - Nays (0 ) . REGUL�R MEETING OF THE ORONO COUNCIL� SEPTEMBER 14 , 1981 Page 6 John Gerhardson, Public Works Coordinator , informed FINAL PAYMENT the City Counc:il that the restoration of the West G & L Contracting Ferndale/Orono Lane sewer project has been campleted Signdture Only and the final payment estimate is ready for the Mayor and City Administr��tor to sign . Butler moved, Paurus seconded, t.o approv� the signing of the final �ayment to G & L Contracting by the Mayor and City Administrator . Motion, Ayes (4 ) - Nays (0 ) . Glenn Cook, City Engineer , reviewed with the City EASEMENTS Council his ietter concerning the Highwoad sanitary Highwood Sewezs sewer easements dated Septernber 11 , 1981 . Glenn Cook, C:ity Engineer , reviewed with the City PRECONSTRUCTIOi1 Cauncil the preconstruction conference for the CONFERENCE - Highwood F3ignwood sanitary sewer project held August 27, 1981 . Glenn Cook, City Engineer, infio�med *he City Council MPCA PERIYIIT that the Minnesota Pollution Control �gency has Highwood �ewer issued a permit for the construction and operation of the Highwood sanitary sewer exten�ion. Glenn Cook, City Engineer, revie�aed his letter of 1981 MSA September 8, 1981 , concerni.ng the amended 1981 Municipal Street Apportionment for Orono, The minutes for the Upper Watershed Improvement PAINTER CREEK MINUTES Project, Painter Creek Subwatershed Ad�.�is�ry Committee meeting of August 27 , 19�1 were presented to the City Council. Mayor Van Nest announced thatsthe next meeting for nAINTER CREEK MEETING the Painter Creek Subwatershed Advise�y Committee September 15 , 1981 will by held September 15 , 1981 at 7 : 30 P. r�i, at the �Jrono Council Chambers . The City Council reviewed the redistricting lett�r REDISTRICTING LETTER frorn Hennepin County Commissioner Bud Robi� dated Bud Robb Auqust 28 , 1981 . Butler move�3, Paurus seconded, to adopt Resolution RESnLUTION #1317 #i317 , A Resolution Ta Proclaim Oct.ober 10 , 1981 Band :�ay As Community Bar.d Day. Mation, Ayes (4) - Nays (0 ) . The minut�s far the Ca�le TV Meetir�g of August 25 , CABLE TV MINUTES 19�1 were accepted by th.e City Council . REG�LAR MEETING OF THE QRONO COUNCII,, SEPTEMBER 14 , 1981 Page 7 'rhe City Couneil reviewed the letter from CABL�E TV LETTERS Adri.an Fier:�st., attorney for Cable TV, dat�d 1ldriari Her.b�t September 1 , 1981. The Gity Council reviewed the letter from Adriar. Herast, attorney for Cable TV, dated Se�tember_ 9 , 1981, cr�ncerning a su�7gested schedule and estimatec� costs. The City Cot.ncil discussed the r�quest of KELLER° S DEVELOFPdENT Keller ' s DevelepmPnt for :��rono ' s two extra ��ac� Sewer Un.its sewer units a�lailable in the Medina-NIorningside area oi the joint se�aer �roject. The City Council reiterated their int�nt to retain -the two unit.s for Oronof since the original agreement allows seu�er service to the Medina--Morningside develcpment and subdi`�ision only. Paurus mov�d, Butler seconded, to c�raft a MINNETRISTA LANDrILL res�lution authorizing the Mayor to speak on Orr.�no ' s behalf at the pub_lic hearing concernir�g �he landfill at Minnetrista or th�t the i�da��or submit a wri_tten recommendation. Niotiori, Ayes (4) - Nays (0) . No report from the transpertation representative. 'TrAN�PORTATION REPOR`I` Butler moved, Hurr seconded, �o ac.ce�t the payment TRAFFIC SIGNAL of $1b , 772 . 37 from the Orono Scho�l District #;278 PAYMENT* ror the traffic signal at #12 and the Old Cry�tal Orcno School #278 Bay Road, Motion, Ayes (4) - Nays (0) . ' Butler movec3, IIurr seconded, �o approve the tempc�rary EMPLOYi�.ENT* emplcyrnent of Stephanie 51igo for tt�e �rono Golf St�ph�nie Sligo Course at a rat.e of $3. 50 p2r hour effective August 29 , 1981. Mation, Ayes (4) - Nays 40 ) . Hutler movec�, Hurr seconded, to agprove the temporary EP�IPLOYMENT* ernployment of Jeffrey S�oy far the Orono Go1f Course �7effrey Stoy at a rate of $3 . 50 per hnur effective September 4 , 1981. . Motion, Ayes (4) - Nays (0 ) . Butl�r moved, Hu.rr second�d, to accept the resign-- RESI�NATI�N* ation of Jarctes W.ilson, Folice Offic�r_ , effe�tive James Wilson September 22 , 1981 . Mation, Ay�v (4 ) - Nays (0) . Butler move�, Hurr seconded, to accept the r.esign- RESIGNAT.T.ON* ation of Councilman Norman 4�. Pauraas effective Nr�.rm�n W. Fau�us Septemb��r 30 , 1981 . Niotior_, Ayes (4 A - Nays (� } . REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 14 , 1981 Page 8 Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1318* #1318 , A Resolution Accepting The Resignation Of Resignation Councilmember Norman W. Paurus . Motion, Ayes (4) - Norman Paurus Nays (0) . Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1319* #1319 , A Resolution Declaring A Vacancy In The Declare Vacancy Office Of Councilmember Of Orono. Motion, Ayes (4 ) - Nays (0 ) . Mayor Van Nest moved, Butler seconded, to request G & L CONTRACTING Dick Benson, City Administrator, to write a thank- Thank-you Letter you letter to G & L Contracting for their professional manner in the construction of the Ferndale Road/Orono Lane sewer project. Motion, Ayes (4 ) - Nays (0) . Butler moved, Hurr seconded, to accept a contribution CONTRIBUTION of $200 for the Park Fund from Bonestroo, Rosene , Park Fund Anderlik & Associates, Inc. with gratitude . Motion, Ayes (4 ) - Nays (0 ) . Butler moved, Hurr seconded, to approve the amended SHADE TREE CONTRACT* Shade Tree Contract. Motion, Ayes (4) - Nays (0 ) . Don Monk, Hennepin County Assessing, was present to COUNTY ASSESSING discuss the assessing by Hennepin County for the Don Monk City of Orono vs the City of Orono acquiring their own assessor . Mr . Monk explained the procedures of his department stating that termination of the contract is handled by his Board. Mr. Monk stated that he believes that objectives and goals can be met. and that it is necessary to stay on the same wave- lengths but that it is impossible to agree on every- thing. Councilmember Paurus : A definite understanding of zoning regulations so that comments are not made to citizens that swamps can be filled and become buildable lots. That has to be corrected. Each City is personalized by its differenttidefinite zoning codes. How can it be personalized? Mayor Van Nest: Our situation needs somebody who is involved with urban-type philoso�hy and to come out to lookover our situation. Don Monk: We are not orientated to urban philosophy. We have to deal with routine urban communities that are routine and easy, but also complex areas. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 14 , 1981 Page 9 Mr. Monk stated that assessors would be assigned that ASSESSING are familiar with Orono. We cannot assign one assessor (Continued) for the City of Orono only, but we would not change them every year as they must be familiar with the zoning. Mayor Van Nest : I am more concerned about a personal relationship with the Assessing Department. I would like the assessor to know about issues that are before the Council. An understanding of where we have been, where we are , and where we are going. I do not see how we can through the County. We would like to know the assessor and the assessor know us. Councilmember Butler : We would like to know that the assessor has read the Comprehensive Plan, the Zoning Code , and unde.rstands the peculiarities of the City. Mr . Monk stated that it would be better if the City would let the contract run for the entire four years and to try to deal with whatever problems would arise. Mayor Van Nest thanked Mr . Monk for coming out to the Council meeting to discuss the matter. Tom Kuehn, Finance Director , was present to review 1982 PROPOSED BUDGET with the City Council the proposed 1982 Budget. Hurr moved, Paurus seconded, to hold a special Council meeting on Tuesday, September 22 , 1981 at 7 : 30 P.M. to review the 1982 proposed budget and to take action on other matters before the Council. Official City newspaper to be notified. Motion, Ayes (4) - Nays (0) . Hurr moved, Paurus seconded, to include on the agenda APPOINTMENT for the Special Council meeting the appointment of a Councilmember new Councilmember to replace Gregg Hannah. Motion, Aye s (4) - Nays (0 ) . Mayor Van Nest moved, Paurus seconded, to table the NORTH SHORE DRIVE North Shore Drive Marina until the next meeting MARINA when Attorney Bruce Douglas will be present. Motion, Ayes (4) - Nays (0 ) . Butler moved, Hurr seconded, that the following LICENSES* licenses, be approved : Mooney-Ridler Plumbing & Heating, Inc. - Plumber R & W Sanitation, Inc. - Garbage Hauler Motion, Ayes (4 ) - Nays (0) . r REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 14 , 1981 Pa�e 10 Butler moved, Hurr seconded, that the All Funds BILLS* Accounts and the Liquor Store Accounts, be paid. Motion, Ayes (4) - Nays (0 ) . Butler moved, Paurus seconded, that the meeting ADJOURNMENT be adjourned at 11 : 00 P.M. Motion, Ayes (4) - Nays (0 ) . � �� William B. n N t, Mayor Attest: ���f� %li' ��/ah� Alberta M. Strom, City Clerk