HomeMy WebLinkAbout09-28-1981 Council Minutes . �-.
CITY OF ORONO
Regular Meeting of the Orono Council, 7 :00 P.M.
Sept.ember 28 , 1981
The Orono Council met on the above date with
the following members present: Mayor Van Nest,
Councilmembers Butler and Paurus. Councilmember
Hurr arrived at 7 :02 P.M. Also present: Zoning
Administrator Mabusth, City Attorney Malkerson,
City Engineer Cook, rinance Director Kuehn,
Planning Commission members Goetten, Hammerel,
and Rovegno, and City Clerk Strom.
Butler moved, Paurus secon3ed, to approve the CONSENT AGENDA*
Consent Agenda* with all staff reports concerning
items reviewed at this meeting to be attached to
the original copy of these minutes on file in the
City Clerk ' s office . Motion, Ayes (3) - Nays (0 ) .
No comments from the Par.k Commission. PARK COMMISSION
Councilmember Paurus, representative to the Lake LMCD REPORT
Minnetonka Conservation District, stated that the
LMCD approved the amount of $1, 500 to support the
studies concerning the proposed landfill at the
City of Minnetrista.
No comments from Planning Commission representative PLANNING COMMISSION
Hammerel.
Butler moved, Paurus seconded, to accept the PAINTER' S CREEK
Painter ' s Creek Upper Watershed Improvement REPORT*
ProjecL report prepared by Alan Olson, City
Planner, dated September 23 , 1981. Motion,
Ayes (3) - Nays (0 ) .
Butler moved, Paurus seconded, to adopt Resolution RESOLUTION #1322*
#1322 , A Resolution Authorizing Hennepin County CDBG - Rehabilitation
To Administer Orono ' s CDBG Housing Rehabilitation
Program. Motion, Ayes (3 ) - Nays (0) .
Butler moved, Paurus seconded, to accept the CDBG STATUS REPORT*
CDBG Year VIII status report dated September 16 ,
1981. Motion, Ayes (3 ) - Nays (0 ) .
Alan Olson, City Planner, stated in a memo to the CODIFICATION*
City Council that drafts for the first two chapters
from the codifiers have been received. They will
be presented to the City Council within a we�k.
REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 28 , 1981 Page 2
Butler moved, Paurus seconded, to approve the SOLID WASTE SITE
Hennepin County Solid Waste Site Selection memo SELECTION*
prepared by Alan Olson, City Planner, dated
September 25 , 1981 . Motion, Ayes (3) - Nays (0) .
No comments from the public present. PUBLIC COMMENTS
Jeanne Mabusth, Zoning Administrator, reviewed CONDITIONAL USE PERMIT
with the City Council the request of C. Rex 650 North Arm Drive
Welsh, 650 North Arm Drive , for a conditional #618
use permit. C. Rex Welsh
Mr. & Mrs. Welsh and attorney Bill Hartfelt
were present.
Discussion included how deep for navigable water ,
maintenance dredging and different methods of
dredging. Mr . Hartfelt felt that it was a property
owners right to have access to the lake. He stated
that a longer dock would be an inconvenience for
Mr . Welsh who is handicapped so that a short dock
is important. He stated that dredging was done in
1961 and that Mr. Welsh was informed at the time
that he purchased the property that maintenance
dredging would be allowed.
Bruce Malkerson : Did you say that the DNR will
automatically approve either a dock to a depth af 4 ' or
dredging to get 4 ' of navigable water?
Mr. Hartfelt : I don 't know answer to that.
Bruce Malkerson : What regulations are they?
Mr . Hartfelt: 67 Paragraph 1. 5023 B1 & B-2C
Mayor Van Nest: Are you sure you want to do this,
absolutely sure? I do not want to deny you your
right to the water--that ' s your right, but I think
dredging is imposing on other residents af the bay.
The policy of this City is not to allow disturbinq
the waters. We are only looking at what is best
for Lake Minnetonka.
Discussion included hydraulic rather than
dragline dredging.
Bruce Malkerson: Two concerns should be addressed:
1 . This may be a variance, not a conditional use permit
2 . I believe there are no vested property rights because
of a 1961 permit
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 28 , 1981 Page 3
Mayor Van Nest moved, Butler seconded, to table CONDITIONAL USE PERMIT
the request of C. Rex Welsh, 650 North Arm Drive, 650 North Arm Drive
for a conditional use permit, at the applicants (Continued)
request so th�t additional data may be obtained
and brought back to the City Council . Motion,
Aye s (4) - Nay s (0 ) .
Hurr moved, Butler seconded, that the Planning MARINA COMMITTEE
Commission appoint one new member to the Marina
Committee and that there be two Council members
on the Committee . Motion, Ayes (4 ) - Nays (0 ) .
Jeanne Mabusth, Zoning Admir.istrator, reviewed SALE OF CITY LAND
with the City Council the purchase of City land #582
by H. R. Johnston. H. R. Johnston
Hurr moved, Batler seconded, that Mr. Johnston pay
for the abstract for the City land that he is pur-
chasing. Motion, Ayes (2) - Nays (2) . Mayor Van
Nest and Councilmember Paurus Nay. Motion failed.
Hurr moved, Butler seconded, to approve the purchase
agreement for H. R. Johnston and to delete the require-
ment of an abstract. Motion, Ayes (3) - Nays (1) .
Mayor Van Nest Nay.
Butler moved, Paurus seconded, to adopt Resolution RESOLUTION #1323*
#1323 , A Resolution Approving The Sale Of A 1. 12 Sale of City Land
Acre Parcel Of City Land To Harrision R. Johnston. H. R. Johnston
Motion, Ayes (3) - Nays (0) .
Jeanne Mabusth, Zon.ing Administrator , reviewed with CONDITIONAL USE PERMIT
the City Council the request of Joan Lundquist for 3416 Shoreline Drive
a conditional use permit for 3416 Shoreline Drive, #650
Mexican Inn. Joan Lundquist
Mayor Van Nest moved, Butler seconded, to conceptually
approve the conditional use permit for Joan Lundquist,
3416 Shoreline Drive , Mexican Inn, ��nd request staff
to draft a resolution for the next Council meeting.
Motion, Ayes 44) - Nays (0) .
Bruce Douglas, attorney for the North Shore Drive NORTH SHORE MARINA
Marina, was present. Mr. Douglas stated that he
personally measured the existing marina facilities
that are shown on the drawing that he k�rought for
the City Council ' s review. He stated that he will
stand behind his survey. He showed the City Council,
on his drawing,the method he used in measuring the
dock area.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 28 , 1981 Page 4
Mr. Douglas stated that any certified survey that NORTH SHORE DRIVE
does not agree with his drawing is iri error, as MARINA
he measured the area twice and had an architect (Continued)
draw the sketch. Mr. Douglas measured from the
timber retaining wall , asswuing that the elevation
of the water maintained through Gray ' s Bay Dam is
929. 4 , the point a� which the lakeshore contacts
the land constitutes 929. 4 , and then measured from
where the retaining wall contacts the water .
Bruce Douglas: We are looking for the three-year
period maximum to bring the docks up to compliance,-
Because of a cost of $50 , 000-$100 , 000 at a high
interest rate , Mr._ Hork would need time to locate
financing. Mr. Hork would propose that a written
settlement of the existing litigation between both
the City Council and the LMCD be effected by binding
him without regard to any transfer of the property,
(he has no intention to transfer) , that bringing
the docks up to standards will be done within three
years. This means, that if Mr . Hork is able to locate
financing that is appropriate, he will do it in the
spring, but it may have to be done in sections by
himself. We are changing not only the physical
location of the docks, but the type of dockage mix
that will be available. There will be a reduction
in the amount of longer docks and an increase in the
number of shorter docks.
Bruce Malkerson: Would you be proposing that if there
were some agreement with the City, that you would
submit a formal plan prior to dock installation, such as �
the LMCD w�uld require, and at the end of the installation �
of docks there would be a certified survey?
Bruce Douglas : Yes, an inspection and certification.
I intend to present to the LMCD this plan and believe
they will approve it if Orono does. We intend to bring
the docks into legal conformance . We would also like to
see the property rezoned commercial as part of the
stipulated settlement.
Bruce Malkerson : I would suggest to the City Council
that they consider that this matter has been in litigation
for years, but it would be better to have an executive
session for the Council to give me some direction
or else direct me to meet with Mr . Douglas regarding the
Council 's concerns, then a proposal will be submitted
to Council for review and/or modification.
Mayor Van Nest moved, Butler seconded, to table the
North Shore Drive Marina item until an executive
session at the October l� , 1981 Council meeting with
the City Attorney, to discuss procedures to resolve
this matter . Motion, Ayes (4) - Nays (0) .
REGULAR MEETING nF' THE ORONO COUNCIL, SEPTEMBER 28 , 1981 Page 5
Alan Olson, City Planner, prepared a memo SURVEY REQUIREMENTS
concerning survey requirements for the
Council ' s review, dated September 24 , 1981.
Jeanne Mabusth, Zoning Administrator , r.eviewed IVY PLACE SURVEY
with the City Council a survey for 3510 Ivy Place.
Glenn Cook, City Engineer, reviewed with the LONG LAKE WATER TOWER
City Council a preliminary report regardin� a
proposed water tower at Long Lake to service
areas of Qrono and Medina.
Paurus moved, Butler seconded, to accept the
preliminary report prepared by McCombs-Knutson
Associates, Inc . on Alternate #4 , Service to Long
Lake, Medina-Morningside , Middle and Elementary
Schools, and Presently Served Parts of Orono, with
a 150 Foot, 200 , 000 Gallon Tower , and to instruct
the City Administrator to praceed with negotiations
for a contract and agreement for a water tower at
Long Lake to service areas of Orono and Medina .
Motion, Ayes (4) - Nays (0) .
Glenn Cook, City Engineer, reported on the EASEMENTS
progress for the easements for the Highwood Highwood Sewer
sewer project.
Glenn Cook, City Engineer , reported on the HIGHWOOD SEWER REPORT
progress of the Highwood sewer project stating
that at present trees are being cut down in
preparation for the installation of the sewer.
Glenn Cook, City Engineer, reported on the TRAFFIC SIGNAL REPORT
progress of the traffic signal at #12 and the #12 & Old Crystal Bay
Old Crystal Bay Road stating that there had
been a delay in the construction due to the
strike but that the installation will be
completed early in the summer of 1982.
Mayor Van Nest discussed the assessing matter ASSESSING MATTER
with the City Council that had been presented
at the previous Council meeting with Don Monk,
County Assessor. The Mayor explained his reasons
in favor of Orono employing its own assessor as
having a more personal nature than having the
County assessors that could not be able to
identify with Orono ' s needs. A comparison of
County costs with City costs was discussed. It
was discussed to let Mr . Monk know that the City
would prefer to terminate the contract with the
County and employ an assessor for the City of Orono.
REGUI_,AR MEETING OF THE ORUNO COUNCIL, SEPTEMBER 28 , 1981 Page 6
Butler moved, Paurus seconded, to approve the EMPLOYMENT*
employment of Steven C. Pearson, Police Officer, Steven Pearson
at $1, 235 per month effective October 5, 1981.
Motion, Ayes (3 ) - Nays (0 ) .
Butler moved, Paurus seconded, to adopt Resolution RESOLUTION #1324*
#1324 , A Resalution Providing For The Collectian Delinquent Sewer &
Of Delinquent Sewer And Water Service Charges. Water
Motion, Ayes (3) - Nays (0 ) .
Butler moved, Paurus seconded, to adopt Resolution RESOLUTION #1325*
#1325 , A Resolution Providing For The Collection Delinquent Septic
Of Delinquen� Arinual Service Charges For The On-Site Charges
Sewage Treatment Inspecti�n Program. Motion,
Ayes (3) - Nays (0 ) .
Butler moved, Paurus seconded, to approve the SPECIAL ASSESSMENTS*
Special Assessments of SL-1968 and SL-1970 . SL-1968 & SL-1970
Motion, Ayes (3) - Nays (0) .
Butler moved, Paurus seconded, to reaffirm REAFFIRM RESOLUTION*
Resolution #1319 declaring a vacancy on the Declare Vacancy
City Council. Motion, Ayes (3) - Nays (0 ) .
Butler moved, Paurus seconded, that the next NEXT COUNCIL MEETING*
Council meeting will be held on Wednesday, October 14 , 1981
October 14 , 1981. Motion, Ayes (3) - Nays (0) .
Butler moved, Paurus seconded, to approve the MINNETRISTA LANDFILL*
letter to Minnetrista P�iayor Gen Olson concerning
the solid waste sanitary landfill in that City
dated September 24 , 1981. Motion, Ayes (3) -
Nays (0) .
Letter - Page 7
Butler moved, Paurus seconded, to approve the I/I ANALYSIS*
I/I Analysis Amendment #l, to �xtend the project Amendment #1
complet.ion date to February 28 , 1982 , and to
authorize the Mayor and City Administrat��r to sign
the amendment. Motion, Ayes (3) - Nays (0) .
I/I �inalysis Amendment #1 - Pages 8 & 9
Butler moved, Paurus seconded, to approve the FEDERAI, REVENUE*
General Revenue Sharing Statement of Assurances Period 13
for Entitlement Period Thirteen. Motion,
Ayes (3) - Nays (0) .
Page 7
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September 2� , :y81
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De,�r .•layor O1 son :
The C�ty of ,?.cn� adopted Resolution #1321 opposing the� ��•��ticr.
o� the �otenti�31 solid waste sanitar}� landfill in your C�t�• ar:G
the Lake :�innetonka watershed.
The City of Orono is also, by Council action, pledgin� 5� , ���
to assist you in funding of an indepth study opposing the
proposed landfi�l .
Tne Orono City Cour.cil and staf_f look �orward to workinq with �
your City on m�tters as the solid waste sanitary landfill ti�at `
ca.n only have ad���erse a`fects on all of us in th� Lake Mir.neto:�;{a
area and the P�inr.eh�ha Creek 4v'atershed District .
These areas o� mutual carlc�:ra will always be af the utr�os�
imp�rtan�e to all of us ir. the �nsair.g years.
The resolution wiii :�e `orthcoming wh�n fully executed .
Sincnrely,
��`' �.�''.r��>-_'.,-.t-.�—�-_..__-
Walter R.- Beryson
Citv, dministrator
cc • Lake �dinnetonka Conservation District
Commissi�n Bud F.obb
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� �4Sh ��� — 1981 �� ��. .� ��. �
,�_
'�, � annivrrsarti ' �
tieptember 15 , 1Q�1 � ��
------_.__.
%; , _ ---"':
C i t�• ��f Oronc J`p ' 7 r��
Box 56 �
,� � �
Crystal Bav, Minreso[a 573�3 ' _ . . -'
•'� !_l t^;�ti" j_ + )_
Attn: *ir. John Gerhardson ^
Re• �rono I/I Analvsis
Our File +F1390�
Gentlemen:
Lnusually dr}• weather during tne fall, winter and early spring of 1980-81
required extensian of the originally planned flow nonitoring period for the
I/I Analysis.
Data analysis and report pzeparation is now being comp2eted. The enclosed
contract :4mendment jtl will officially extend the project completion date to
February 28 , 1982 . Four (!+) capies of the a�endment are enciosed, ; I
I �
Please execute the 4�end;�ent ��1 with proper signatures, returr. a signed copy
to this office and provide one copy each to [he MWCC and MPCA.
Yours very truly,
BONESTR�O, ROSEtdE, ANDERLIt: 5 �SSOCIATES, INC.
�
����+�(/L c.R.t� < , ��u.�.-.�'�t./L_/
Richard E. Turner
RETi jo
Enclosure
6267a
Page 9
�*tENLIhiENT �1
0`NI?v"F:R-ENGIN�ER f1GREEhtE�3T FOR
WASTEWaTER TREAT*iENT WORKS
IAi�iLTRAT.ION-II3FLrJW � I/I) Analysis
ORONO, MINNESOTA
Item 2 (Responsi��il;ty of Engineer) of the Supplemental Provisions shall be
amended to extend the coWplet:on period for the project from twelve �12)
mon�hs to eibhteen �i8) months from date of "notice to proceed."
This extension of co�aple[ion time is required due to unusually dry weather
through the �riginally progosed flow monitoring period and Will enable the
generation af useable and adequate da[a. The extension shall not affect cost
amounts identified as "Ceilic�g without Amendment" and "Fixed Fee" withir� the
contract.
pWNgRl � ENGINEER:
/
L ` �
�
, — BONESTR00, ROSENE , AtYDERLIK £� �
ASSOCIATES, INCORPORATED
DATE:
� A
REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 28 , 1981 Pag� 10
Butler moved, Paurus seconded, to accept the RESIGNATION*
resignation of Gabriel Jahbour , Planning Gabriel Jabbour
Commission member, with regret. Motion,
Aye s (3) - Nay s (0 ) .
Butler moved, Paurus seconded, to declare two PLANNING COMMISSION
vacancies on ttr� rlanning Commission, Tom Frahm VACANCIES*
and Gabriel Jabbour. Motion, Ayes (3) - Nays (0 ) .
Tom Kuehn, Finance Director, was present to 1982 BUDGET
review with the Council the 1982 proposed
budqet.
Paurus moved, Mayor Van Nest seconded, to approve
the 1982 Budget as presented. Motion, Ayes (3) -
Nays (1) . Councilm�mber Hurr Nay.
Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1326
Resolution #1326 , A Resolution Approving The 1981 Tax Levy
Tax Levy Collectible In 1982 . Motion, Ayes (3) -
Nays (1) . Councilmember Hurr Nay.
Butler moved, Paurus seconded, that the following LICENSES*
licenses be approved : Motion, Ayes (3 ) - Nays (0 ) .
Loren Brown Plumbing - Plumber
Joan Lundquist - Mexican Inn - On-Sale 3 . 2 Beer
Butler moved, Paurus seconded, that the Al1 Funds BILLS*
Accounts and the L;quor Store Accounts, be paid.
Motion, Ayes (3 ) - Nays (0) .
Butler moved, Paurus seconded, that the meeting ADJOURNMENT
be adjourned at 9 :45 P.M. Motion, Ayes (4) -
Nays (0) .
U,�.i
William B. an Nest, Mayor
At te s t:��.,��C�.G�� G'�/• �,��
Alberta M. Strom, City Clerk