HomeMy WebLinkAbout10-14-1981 Council Minutes X' `
CITY OF ORONO
Regular Meeting of the Orono Council , 7 : 05 P.M.
October 14 , 1981
.
The City Council met on the above date with the
fnllowing members present : Mayor Van Nest, Council-
members Butler , Frahm, and Hurr . Also present: City
Planner Olson , City Attorney Malkerson, City Engineer
Cook, Planning Commission member Adams, and City Clerk
Strom. Absent: City Administrator Benson.
City Clerk Strom administered the Oath of Office to OATH OF OFFICE
Thomas Frahm, newly appointed Cauncilmember. Thomas Frahm
City Clerk Strom administered the Oath of Office to OATH OF OFFICE
Steven Pear.son, newly appointed police officer. Steven Pearson
But:2er moved, Fiurr seconded, to remove item #5 CONSENT AGENDA*
from the Consent Agenda* . Motion, Ayes (4) -
Nays (0 ) .
Hurr moved, Butler seconded, to approve the
Consent Agenda*, subject to removing item #5 ,
with all staff reports concerning items reviewed
at this meeting to be attached to the original
copy Gf these minutes on file in the City Clerk' s
office . Motion, Ay�s (4) - Nays (0 ) .
Hurr moved, Butler secondcd, to approve the MINUTES*
Minutes of the Regular Meeting of Septe:nber 14 , September 14 , 1981
1981. Motion, Ayes (4) - Nays (0 ) .
Butler moved, Hurr seconded, to table the Minutes MINUTES
of the Special Meeting of September 22 , 1981 September 22 , 1981
for clarification of the Consent Agenda* items.
Motion, Ayes (4 ) - Nays (0) .
No comments from the Park Coanmission. PARK COMMISSION
No comments from the Planning Commission PLANNING COMMISSIUN
representative Adams.
No comments from the Lake Minnetonka Conservation LMCD REPORT
District representative.
No comments concerning the Comprehensive Planning. COMPREHENSIVE PLANNING
.'y •
REGULAR MEETING OF THE ORONO COUNC.IL, OCTOBER 14 , 1981 Page 2
Alan Olson, City Planner, reviewed with t.he City DAKOTA AVENUE/SUMAC
Council his memo regarding addresses of Dakota LANE
Avenue and Sumac Lane, dated October 9 , 1981.
Mayor Van Nest stated that the problem concerning
which street name to use should be left to the
neighbors to decide and agree between themselves
whether Dakota Avenue or Sumac Lane . The Mayor
informed the residents of the area that were present,
that it is absolutely necessary to have only one
name for all homes and to have addresses in proper
order. The City Council will not let the current
confusion exist because of public safety problems.
It was agreed that a reasonable amount of time would
be necessary for the residents to get together and
find a reasonable solution to the problem.
Mayor Van Nest moved, Hurr seconded, to table the
item concerning addresses for. Dakota Avenue/Sumac
Lane for one month and requested staff to write a
letter to all concerned so as an agreement can be
reached on a solution to the problem. Motion,
Ayes (4) - Nays (0) .
Richard Hassel , attorney representing David Duff, DAVID DUFF S�WER
concerning Mr. Duff ' s request for sewer at 1420 Shore�ine Drive
1420 Shoreline Drive.
Mr. Hassel stated that he would like to know the
history of the 1980-1 sewer project and the reasons
why Mr. Duff ' s property was left out to the project.
Mr. Hassel informed the Council that Mr . Duff is
now requesting to have sewer installed due to a
failure of his septic system, and also to allow him
to build a second house on his land. He would like
to know the procedures to follow.
Mr. Hassel was informed by Mayor Van Nest that Mr. Duff
had apparently chosen not to be included in the 1980-LS-1
sewer project. Mayor Van Nest explained the procedures
that were followed before construction of the sewer project
and stated that Mr . Duff had every opportunity to be
included in the project. Public Information meetings,
public hearings, and many letters were available for all
residents in the proposed sewer areas so that every one
would have input and all the particulars before the
sewer project was ordered in. Mr. Duff also had Resolution
#1180 mailed to him informing him of the st3tus of his
property. Mayor Van Nest stated that Mr. Duff did not
respond to the resolution that deleted the Duff praperty
from the project. Mayor Van Nest also said that in his
conversations with Mr. Duff during the sewer project
discussion, that Mr. Duff, at that time, never had
expressed any plans to build a second house . The decision
to stay out of the project was Mr. Duff ' s.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 14 , 1981 Page 3
Mayor Van Nest informed Mr . Hassel that the project DAVID DUFF SEWER
is in, has been assessed, and is paid for, and that (Continued)
it would create a laborious problem to include the
Duff property and to respread the assessments.
Mayor Van Nest stated that providing two connections
to the sewer line would require an amendment to the
Comprehensive Plan, the Comprehensive Sewer Plan,
and a rezoning. This could set a precedence which I
personally do not want to set. The sewer project was
ordered to correct existing problems. It was not
intended to allow future development in rural Orono.
Mr. Hassel inquired what applications would be
necessary if Mr . Duff wished to pursue this matter .
Mayor Van Nest : He would need an application to
subdivide , an application to rezone , and application
to connect to sewer, and an application to modify the
Comprehensive Plan and MUSA line. This would have to
be approved by the City and also the Metropolitan
Council, and the Metropolitan Waste Control Commission.
Councilmember Butler stated that the only way to
install a sewer line would be to consider a new
project which would include the Gregory property.
Mr. Hassel stated that Mr. Gregory, also a client of
his, was not interested in sewer for his property.
Mr. Hassel thanked the City Council for their time
and stated that he would be in touch with Mr. Duff
to review the information presented tonight.
Alan Olson, City Planner, reviewed with the City • LAKESHORE SETBACK
Council his memo concerning lake setback notices NOTICES
along North Shore Drive dated October 9 , 1981. North Shore Drive
Residents present concerning the notices were :
Kenton Carlson, 3498 North Shore Drive; Dave Stanslaksi,
3550 North Shore Drive; and Jim Pettipiece, 3540 North
Shore Drive.
Mr. Carlson stated that he did not understand the
meaning of hardcover. He said that he preferred
to have his shed near the shore for storing equipment
that his children used in the summertime so that they
would not be cro�sing the street so many times hauling
their toys back and forth.
Mayor Van Nest requested staff for more information and
to extend the no parking signs in that area.
REGULAR NIEETING OF THE ORONO COUNCIL, OCTOBER 14 , 1981 Page 4
Alan Olson, Cit.y Planner, provided the City Council SOLID WASTE AREA
with the Lake Minnetonka Conservation District ' s LMCD
Resolution No. 37 , a resolution regarding disposal
of sewage , sludge , hazardous or other solid waste in
landfills in the Lake Minnetonka drainage area.
Hurr moved, Butler seconded, to approve the memo SEWER CONNECTIONS*
prepared by Alan Olson, City Planner , concerning LS-1980
LS-1980 sewer connections dated October 9 , 1981.
Motion, Ayes (4) - Nays (0 ) .
Hurr moved, Butler seconded, to accept the report SOLID WASTE
from the Metropolitan Council concerning information MANAGEMENT*
on Solid Waste Management. Motion, Ayes (4 ) -
Nays (0 ) .
No comments from the public present. PUBLIC COMMENTS
Hurr moved, Butler seconded, to adopt Resolution RESOLUTION #1327*
#1327, A Resolution Approving A Conditional Use Mexican Inn
Permit For Joan Lundquist For A Restaurant Located
At 3416 Shoreline Drive. Motion, Ayes (4) - Nays (0) .
Hurr moved, Butler seconded, to adopt Resolution RESOLUTION #1328*
#1328 , A Resolution Approving The Plat �Jf Brenten Brenten Woods
Woods. Motion, Ayes (4) - Nays (0 ) . 2171 Shadywood Road
Alan Olson, City Planner, reviewed with the City CONDITIONAL USE PERMIT
Council the request for a conditional use permit 3852 Cherry Avenue
of Al1an Larson, 3852 Cherry Avenue, dated October 5, #629
1981 . Al1an Larson
Mr. & Mrs. Larson were present.
Mayor Van Nest moved, Hurr seconded, to approve the
request of Allan Larson, 3852 Cherry Avenue, for a
conditional use permit per the Planning Commission
recommendations� with the condition that a permit will
not be granted for remodeling nor repair of the boathouse
and must be removed from the site within two years,
owner to sign-off on resolution. Motion, Ayes (4) -
Nays (0) .
Alan Olson, City Planner, reviewed the request of CONDITIONAL USE PERMIT
Richard Ledstrom, 3435 Sixth Avenue North, for a 3435 Sixth Avenue N.
conditional use permit for dredging. #649
Richard Ledstrom
Hurr moved, Butler seconded, to approve the request
of Richard Ledstrom, 3435 Sixth Avenue North, for a
conditional use permit to dredge a pond. Motion,
Ayes (4 ) - Nays (0) .
REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 14 , 1981 Page 5
Alan Olson, City Planner , reviewed with the City VARIANCE
Council the request of Lachlan Reed, 1499 Brackett ' s 1499 Brackett ' s Point
Point Road, for a variance. #651
Lachlan Reed
Mr. Reed and his attorney Richard Hassel were present.
Butler moved, Mayor Van Nest seconded, to approve the
variance request of Lachlan Reed, 1499 Brackett ' s
Point Road, per the Planning Commission recommendations
and subject to the removal of the blacktop as indicated,
Motion, Ayes (4) - Nays (0 ) .
Alan Olson, City Planner, reviewed with the City CONDITIONAL USE PERMIT
Council the conditional use permit request of 1595 Bohn ' s Point Rd.
Gerard Blohorn, 1595 Bohn ' s Point Road. #652
Gerard Blohorn
Mr . Blohorn and his attorney Richard Hassel were present.
Hurr moved, Butler seconded, to approve the conditional
use permit for a guest house for Gerard Blohorn, 1595
Bohn ' s Point Road, on the condition that the guest house
never be rented and to pay an additional SAC charge.
Motion, Ayes (4) - Nays (0) .
The Ivy Place item was tabled until a later date at IVY PLACE MATTER
the request of the owner due to his being out of town.
Butler moved, Mayor Van Nest seconded, to approve FINAL PAYMENT
the signing of the final payment request of Latour Latour Construction �
Construction. Motion, Ayes (4) - Nays (0) .
Glenn Cook, City Engineer, presented the following MEDINA-ORONO
letter to the City Council dated October 7, 1981 INTERCEPTOR
concerning the Medina-Orono Interceptor which states: Plans & Specs.
"We have reviewed the plans and specifications for the
"1981 Utilities & Street Improvements" for the Medina-
Morningside area of the City of Medina prepared by
McCombs-Knutson Associates, Inc. The plans and
specifications are in general accordance with the pre-
liminary report and joint powers agreement for the
project.
We would recommend that the City obtain copies of all
easements and any easement settlement agreements on
the project. "
End of letter
RLCiUI..,�'1K rIF..I,TI?vG OF TFti� Ozi�NO COUNCIL, OCTOBER 14 , 1981 I'aye 6
GL�nn Cook, City Engineer , reviewed the status HIGHWOOD SF.4JER
of the fiighwood S�wer Project with the City Cour.cil .
May,�r Van Nest moved, Hurr seconded, to approve an
extensi�an of tin�e for the Highwood Sewer Project
until C�etc�ber 25 , 1981 . Motion, Ayes (4) - Nays (0 ) .
Mayor Van Nest moved, Butler seconded, to approve a STORM SEWER
replacer�:ent of a storm sewer pipe at the Johnson-Kovak Highwood
p.raperty, Highwood Sewer �roject, but not to exceed
the amount of $1. , 000 . Motion, Ayes (4) - Nays (0 ) .
�1enn Cook , City Engineer, reviewed with the City TRAFFIC SIGNAL
Council the status of the construction of the
traffic signal at #12 and the Old Crystal Bay Road.
John Gerhardson, �ublic Works Coordinator , ��resented a PRECONSTRUCTION
memo c�ncer_ning the preconstruction meeting for the MEETING
Orono/Long Lake/Medina sewer project dated October 9 , Orono/Long Lake/Medina
1381 .
An appointrnent ta the City Council to replace Norman COUNCIL APPOINTMENT
W. Paurus was tabled until the next Counci� meeting.
A letter from Hennepi.n County Commissioner E. F. Robb, REDISTRICTING LETTER
Jr. reqarding the Hennepin County Commissioner Bud Robb
Redistricting dated October 1, 1981 was presented to
the City Council for information.
A letter to the Board r�f Hennepin County Commissioners MAPLE PLAIN LETTER
from the Maple Plain City Council regarding the Redistricting
Hennepin County Commissioners Redistricting dated
October 6 , 1981 was presented to the City Council for
information.
A letter was received from Mr. J. L. Leppla, 4040 Dahl MTC - BUS 51-N
Ra,ad, regarding the rerouting of the 51-N bus by the Rerouting
MTC dated October 8 , 1981.
The City C:ouncil requested Alan Olson, City Planner,
to check into the m�tter and report back to the City
Cauncil .
Mayor Van Nest discussed with the City Council the ASSESSING MATTER
item concerning Hennepin County assessing vs. the
City of Orano employing its own assessor.
(Continued)
Ri:t�UL,AI: MFETI:NG C�F THE �RnNO C'OCJtiI���L, OCTOBF,R 14 , I981 I=���e 7
Butler moved, Hurr seconded, to authorize the Mayor ASSESSING MATTER
and the City Administrator to approach the necessary (Continuedj
persons in an attempt to negotiate a release from the
Hennepin County Assessing four-year contract with the
intent to maintain the County ' s services until after
the 1982 assessment is coznpleted or until such time as
Qrono has employed an in-house assessor with the cost
not to exceed the Hennepin County amount. Motion,
Ayes (4 ) - Nays (0 ) .
A letter was mailed to the Mayors of participating CABLE TV LETTER
cities for zhe Cable TV matter dated October 9 , 1981.
L"etter - page 8 �
Mayor Van Nest moved, Frahm seconded, that the City of
Orono delay action on the Cable TV matter until such
time as it can, through the Mayor ' s ?�ssociation meeting
of December 3 , 1981, investigate the possibilities of a
broader service area with the in�ent to develap a better
contract, and report back to the City Counci.l at the
December 14 , 1981 Cauncil meeting. Motion, Ayes (4 ) -
Nays (0 ) .
Hurr moved, Butler seconded, to approve the letter to MEDINA-ORONO SEWER*
Medina Mayor Tom Anderson concerning two sewer units
for the Medina-Morningside area, Fred KPller, Jr .
property, dated September 28 , 1981. Motion, Ayes (4) -
Nays (0 ) . (Consent Agenda*. Hurr did not participate
in any discussion. )
Letter - Yage 9
Hurr moved, Butler seconded, to approve October 18 , RECOGNITION DAY*
1981 - 5 :00 P.M. as Norman Paurus Recognition Day. Norman Paurus
Motion, Ayes (4 ) - Nays (0) .
Hurr moved, Butler seconded, to reaffirm the adopt- REAFFIRM RESOLUTION
ion of Resolution #1319 declaring a vacancy created #1319*
by the resignation of Norman Paurus. Motion, Ayes (4) -
Nays (0) .
Hurr moved, Butler seconded, to adopt Resolution RESOLUTION #1320*
#1320 , The Robert L. Searles Meritorious Service Norman Parus Award
Award Conferred Upon Councilman Norman W. Paurus.
Motion, Ayes (4) - Nays (0 ) .
Hurr moved, F3utler seconded, to approve the letter MINNETRISTA LETTER*
to Minnetrista Mayor Gen Olson concerning a proposed Landfill
sanitary landfill in Minnetrista dated September 24 ,
1981 . Motion, Ayes (4 ) - Nays (0 ) .
Letter - Page 10
.
Page 8
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.,�<<:r^.:er 3 , ;381 at 7 . 30 F..�t. at �rie Tonku �ay �_ty Hall located
:t 4901 :•l�::it.,u �oad.
��-,� oF t�a t:,��ics tl:ut we wou.l� lik<� to discuss, whic'� is of interest
�O �11 Qf 11S � 1S �rl� �:l�ii�t Of C3:ii�' �"+' lil �}le Ld1Ci? riir,netonka area,
a�d how we car. al' �e��f it .�,y tnis ���a�uable service . Since each of
ou� citizs ha�.•e �roceede� thro� .r.�� pnase� a� revie�aing steps necessary
t-.� implement the �ra;,�hisi:ig prcc�ss , i� �eer:is timely to review our
cbj�ctives arid goals to assure we aIl b�nefit by the best possible
seYsrice availab�e . The discussions are in�ormal and does allow
�oirts of �.�iew t� h�� discassed a?r�ong city re�resentatives that have �
- i
-;:utua? inte�ests in ��rov��ing a hi�:� ievei o� service that will �
ic?�c, to the solidi�ica�i�� ;n eur eFforts of mutual ccncerns .
F'4ns1S2 TTIn}C:.' d S�c:� 1%a' G��O�i: d5 rn:iyor Oi }�OLL' C.;:?'sltLli:lty t0 attend
thi� upcor�ing m�eti:7 cn ��ce�r,ber 3 , 1981 to devzi.o� a general
disruss�c�1 �.': Ca`'�i` ;�7.
Pleuse feei �ree ��� cail ;�e a� my oifice , �73-7:558 , if �ou have
any quest�o:s on �Y�:is znatter .
'.cokir.� forward to s�_einq yo�_� th�n.
:,��icerelf,
Walter R. Benson
City Administrator
cc : Mayor William B. Van Nest
Cable TV Committee
.;
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Page 9
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rJ _ ... �n�:���i.:� E�::�t.:i .�71,:;: .
_..._ _ _ ��:-::: __t•.� C�u^cil has r�:viewed your recen� request to
_ _._:� 1�.::::~`e two o� ~h;.� original �ro�osed 82 sewer u�its f��r tr.e
'•ie�.:i:;a-t�ar.^.in::sid� area ta the Fred kel?er, �r . �rcperty
i,_,�a�__� soutri c: thc td��ina-Morr.ingside area .
'r:e .,'::�c:32 �3ct���n �aken by the City Council was to deny
�•t��.:;.�a ' �7 r�-uunst �o trans�er two units to the Keller property .
Tj�� �.it�� Co�ncy.i. ° S Y'dt1JT1dI'` for this decision was : thc� oriqinal
.�f�i:ial are�� t.o s�e served by the Orona sewer line w�s the i�ledina-
�?cr.zin�s�de ar�a onI}'. Zf the 82 units allo�ated for this
.�,.:rt_�u: ::� s�::di'.�ision are not required, the City oF Orono would
+�a:`.* `_P::S'�' Yt?S�rV��;l fG2' O'1� OWll llSE'S s.ince we G�O hav� YropU'_"t1E�S �
�r,�� r:�.:�� rf��il�s:.`d ^oznections , when they are availa�le . This
3�;;ision is ccnsistent wi�h previous discussions we hav� had
ccn:.ernin� th:s �areernent and is intended on�y to support our =
��r�:;in,31 inte�-.c t�:� provi.d� sewer service to areas thaL have had
_�.�:� ,>r�orit�� rec��ests .
'�h�nK �^y �✓ou �:. ,��r.�^ce :or your und�rstanding or. this matter .
Sinc�reil ,
`v�alter R. �enson
Cit� hd�nini�tratcr
cc: Bruce M�ikerson, Orono City Attorney
lttlil�l�{.Y /�itii��, J'1 ' ES' • �d�Nl\i`IM�IIiN � II���< t �'l ')Sh � ►tbt!( �+URKti �'1'liv
.
� Page 10
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"� :, , �,;�'�" t)r, thi• .�'urth tihure• ��� Luke� Altnnt�tunko
SeptemL�er '4 , �981
�lavor Gen O1 son
City o` Riinnetrista
675Q Ccunty Road x110
Mound, Minn�sota 55364
De ar id�yor O 1 son:
The �'ity of Oror.o adopted Resolution #1321 opposing the location
oi the potential solid waste sanitary landfill in your City and
the Lake Mir.netonka watershed.
The City of Orono is also, by Council action, pledging $1 , 500
to assist you in funding of an indepth study opposing the
proposed landfill .
The Crono City Council and staff look forward to working with
your City on matters as the solid waste sanitary iandfiil that ��
can only have ad��erse affec�s on aIl of us in the Lake Minnetonka �
a�ea and the Minnehaha Creek Watershe3 District.
These areas of mutua2 concern will always be of the utmost
importance to a�l of us in the ensuing years.
The resolution will be forthcoming when fully executed.
Sincerely,
Walter R. Benson
City Administrator
cc : Lake Minnetonka Conservation District
Commission Bud Robb
Sl'11.U111:� !11\I\(. 37)')�' � �UMI\ISIk 1!iO\ ♦ PI�A`Ct 173 7)SA � Pl elK MURkS �') �)54
REGULAR MEETING OF THF URONO COUNCIL, OCTOBER 14 , 198I Page 11
Hurr moved, Butler seconded, to accept the letter HENNEPIN COUNTY
from Hennepin County Commissioner E. F. Robb, Jr. BUDGET
concerning the 1982 Hennepin County Budget and
Property Tax Review. Motion, Ayes (4) - Nays (0 ) .
Appointments to fill the two vacancies on the APPOINTMENTS
Planning Commission were tabled until the next Planning Commission
Council meeting.
Councilmember Hurr refrained from participating ORONO-MEDINA SEWER
in the discussion regarding the Orono-Medina
sewer project.
Mr. Richard Schieffer, attorney for the City �f
Medina, was present to discuss the proposed sanitary
sewer for Long Lake , Orono, and Medina-Morningside .
Mr. Schieffer presented the City Council with a
resolution and a development contract for the project.
Bruce Malkerson, City Attorney, requested that
Mr. Schieffer send him a copy of the easements for
his review. The discussion that followed included a
hold harmless agreement for assessments for sewer lines
outside of the service agreement as delineated in the
agreement. (Fred Keller, Jr. property)
Mr . Schieffer stated that he did not approve of the
indemnity agreement because it is too broad; he also
stated that Mr. Keller is willing to sign a covenant
not to sue the City of Orono on the issue of assessments.
Mayor Van Nest informed Mr. Schieffer that Orono is not
in favor of providing any units for the Fred Keller, Jr.
property.
Mayor Van Nest moved, Butler seconded, that the City of
Orono is approving, at this time , only the portion of
sewer which is in the Medina-Morningside service area,
until such time as the City of Medina provides the City
of Orono with a written agreement stating that the monie�
owed under the contract to Medina will not be paid by
the City of Orono until a hold harmless agreement has
been negotiated and signed by the Cities of Medina and
Orono alleviating the concerns of Orono about the Fred
Keller, Jr. property assessment. This agreement will
in no way place th� City of Orono in violation of the
joint agreement and when we have this hold harmless
agreement, then the entire project is approved by the
City of Orono. Motion, Ayes (3) - Nays (0) . Council-
member Hurr abstained.
, REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 14 , 1981 Page 12
Hurr moved, Butler seconded, that the following LICENSES*
license be approved:
Lundgren Bros. Plumbing - Plumber
Motion, Ayes (4) - Nays (0 ) .
Hurr moved, Butler seconded, that the All Funds BILLS*
Accounts and the Liquor Store Accounts be paid.
Motion, Ayes (4) - Nays (0 ) .
Hurr moved, Butler seconded, that the meeting be ADJOURNMENT
adjourned at 11 : 45- P.M. Motion, Ayes (4 ) - Nays (0) .
�� �
William . an Nest, Mayor
Atte st: �����'-�-<ct�'�//i'� �/ ��i'-vui�
Alberta M. Strom, City Clerk