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HomeMy WebLinkAbout11-23-1981 Council Minutes CITY OF ORONO Reqular Meeting of the Orono Council , 7 :05 P .M. November 23 , 1981 The Orono Council met on the above date with the following members present : Councilmembers Butler, Frahm, and Hurr. Mayor Van Nest arrived at 7 : 10 P.M. Also present : City Administrator Benson, City Planner Olson, City Attorney Malkerson, Planning Commission member Hammerel, and City Clerk Strom. Absent: Zoning Administrator Mabusth and City Engineer Cook. Acting Mayor Butler called the meeting to order at 7 :05 P .M. The AAA-1981 Pedestrian Safety Award to be presented AAA-AWARD by Teresa Stewart was postponed until the Council meeting of December 14 , 1981 due to the icy conditions of the roads . Hurr moved, Frahm seconded, to remove item #26 from CONSENT AGENDA* the agenda and Hurr stated that she would abstain from item #28 . Motion, Ayes (3) - Nays (0 ) . Hurr moved, Frahm seconded, to approve the Consent Agenda* , subject to removing item #26 and Hurr ' s abstention from item #28 , 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 Cler�t ' s office. Motion, Ayes (3) - � Nays (0) . No comments from the Park Commission. PARK COMMISSION Councilmember Hurr, Orono ' s newly appointed LMCD REPORT representative to the Lake Minnetonka Conservation District, reported that her first meeting with the LMCD would be December 11 , 1981. Planning Commission member Hammerel reported that PLANNING COMMISSION the Planning Commission is very impressed with its REPORT two new members, Edward Callahan and � Dave Opheim. No comments from the public present. PUBLIC COMMENTS Hurr moved, Frahm seconded, to adopt Resolution RESOLUTION #1336 #1336 , A Resolution Recognizing The Name Dakota Dakota/Sumac Addresses Avenue For A Certain Street In Orono And Changing The Name Of Another Street From Dakota Avenue To An Extension Of Lonc� Lake Boulevard, as amended. Motion, Ayes (3) - Nays (0 ) . REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 23 , 1981 Page 2 Butler moved, Frahm seconded, to table the request CONDITIONAL USE PERMIT of C. Rex Welsh for a conditional use permit for 650 North Arm Drive 650 North Arm Drive 'at the request of Mr. Welsh ' s C. Rex Welsh attorney. Motion, Ayes (3) - Nays (0 } , Mayor Van Nest arrived at 7 : 10 P.M. Mayor Van Nest moved, Hurr seconded, to table the VARIANCE variance request of Alden Anderson, 1900 Shoreline 1900 Shoreline Drive Drive, and to inform his attorney, Mr. Thorfinnson, #635 that the resolution will be on the next agenda. Alden Anderson Motion, Ayes (4 ) - Nays (0) . Hurr moved, Butler seconded, to table the after-the- CONDITIONAL USE PERMIT fact conditional use permit of Richard Speeter, 659 659 Minnetonka High- Minnetonka Highlands, and to request Mr. Speeter lands Lane to be present at the next Council meeting. Motion, Ayes (4) - Nays (0 ) . Mayor Van Nest moved, Butler seconded, to table the INDUSTRIAL REVENUE Jon Nelson/William Crear Industrial Revenue Bond item BONDS until December 14 , 1981, at the request of their attorney. Motion, Ayes (4) - Nays (0) . Mayor Van Nest moved, Hurr seconded, that the proposed BOND PURCHASERS purchasers of the Industrial Revenue Bond for Nelson/ Crear are Sargent Management Company and Charles T. Hvass, Sr . & Jr. which are acceptable to the City of Orono. Motion, Ayes (4) - Nays (0 ) . Alan Olson, City Planner , reviewed with the City STEVEN WILSON MATTER Council the status of the Steven Wilson matter 3508/3510 Ivy Place at 3508/3510 Ivy Place. Mr. Steven Wilson was not present due to the inclement weather. Butler moved, Mayor Van Nest seconded, to request Alan Olson, City Planner, to write a letter to Steven wilson, 3508/3510 Ivy Place , stating that his two dwellings are in a single family zone that had been permitted due to the fact that the Czty was wrongfully of the opinion that each dwelling was on a separate lot, but that the current survey clearly shows that the two dwellings are on one lot; that the City Council wishes to enter into an agreement with Mr. Wilson as to a point in time when this dual occupancy will cease ; that he reply either in writing or in person before the City Council. Motion, Ayes (4) - Nays (0 ) . REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 23 , 1981 Page 3 Alan Olson, City Planner, reviewed with the City DAVID DUFF SEWER Council his letter to David Duff, 1420 Shoreline MATTER Drive , concerning Mr . Duff ' s sewer problem. 1420 Shoreline Drive Mayor Van Nest moved, Hurr seconded, to authorize Alan Olson, City Planner, to write a letter to Salisbury Adams , Chairman of the Metropolitan Waste Control Commission, in answer to David Duff ' s letter to Mr. Adams clarifying the City of Orono ' s position regarding the sewer problem at Mr. Duff ' s property at 1420 Shoreline Drive. Motion, Ayes (4) - Nays (0 ) . Alan Olson Letter - Page 4 David Duff Letter to Salisbury Adams - Pages 5 & 6 At 8 :00 P.M. , Ross Thorfinnson, Attorney for Alden VARIANCE Anderson, arrived. 1900 Shoreline Drive #635 Mayor Van Nest moved, Butler seconded, to bring back Alden Anderson to the Council table the variance request of Alden Anderson, 1900 Shoreline Drive. Motion, Ayes (4) - Nays (0) . Mr . Thorfinnson stated that Mr. Anderson wished to withdraw his petition for a variance stating that Mr . Anderson wished to review the entire situation. Mr. Thorfinnson stated that Mr. Anderson assured him that he will not sell his property to anyone without informing the buyer of the situation, but might possibly give the property to his children. � � Mayor Van Nest: This proposed resolution presented tonight is to remain in the file for future reference . Mayor Van Nest suggested to Alan Olson, City MTC - BUS ROUTE 51-N Planner, to write a letter to MTC stating that the City would like to be informed of proposed changes in the routes of bus 51-N and to suggest a park and ride area at the Hennepin County landing at the Hendrickson bridge area. Mayor Van Nest moved, Hurr seconded, to adopt RESOLUTION #1337 Resolution #1337, A Resolution Amending Resolution Amend MUSA & MSSR Line #1135 By Establishing And Legally Defining The Location Of Parts VI And VII Of The Metropolitan Urban Service Area Within The City Of Orono, as amended to include the MSSR line . Motion, Ayes (4 ) - Nays (0) . - t��-��.;x;;�,..� Page 4 i `� � �� � `P�4� �� ����� � � �� �?�,� r �T� � ���� �I'1''� of UR(�1 �.`r'� fl�r,� ,�'. t a�' Yu:ct Uftir.• l�us f�ti•l r�•,tel Fi��. Alinnesuta 5`,.i'�:i�nlunicipal l)ffice� • �p 'R• • On th� .\'vrth �hvrc� r>j Lake• .lfrnnt�tv�tka i: November 18, 1981 CEFTIFIED �Ir. David Duf f 1��0 5noreline Drive �dayzata, :�1 55391 Re: Septic System Repair Required Dear Mr. Duff: This �orning, Mike Gaffron, On-Site rianager for Orono, and myself � inspected your property for compliance with the septic system renair erders issued to you on r�ugust I0, 1981 (copy enclosed) . That order required repair of your leaching drainfield wi�hin 90 days, or before Nover.iber 10, 1981. No permits have been reques�ed and the inspection today r�vealled that �he system is still discharging a large quantity of effluent to the qround. I i�ave no record of your septic tank being regularly pumPed as caas also required by the repair notice. The first inspection and repair order for the sa:ne problem :�ras issued to you on July 7, 1979, 2'; years ago (copy also enclosed) . � ; �� Your failure to correct the discharge has pZaced you in violat�.on of Orono Municipal Code Sections 22 . 20 Subd. 1 , 22. 50 SIIDC:. 2 (Sa) , and 82. 030 (a) . You must make some effort to correct t_^.Ese p�obiems without further delay. I kr.ow you have been discussing a possible sewer service option with tne City Council . However, tnat eventuality does not relieve you from correcting the immediate health and pollution hazard of a discharging system. Drainfield repairs must be made, even if they end up being only a temporary measure. I want to work with you to solve your septic system problems, both in eliminating the immediate discharge and in arriving at a permanent solution. Please respond to this letter (and my letter dated October 16, 1981) by letting us know what your final intentions are for this property. Sincere y, � i � �`' ' j'`-r � an : Olson City lanner Bt'II.VI�G� 2U�t1►iG • 47)-7)S1 • AUNI'vtSTRATIO�• FI�AtiCF i'3 'l5n • Yl !!L!f�l1RKS 1?) 'l5v � , . ` 1 u N o v c ia'v c r 1 �'8 1 �—,_____—.r.---~. . - .\ ! - . � , • , �l��; A�," i ` 1 ' ParrE S `/. '��� i �1 �QV f 91981 )� `:r . Salis�ur�• r�dar�s 1 : t i �� Chairmari , `�� ,Z�.,�� �j�'/ ;i��tropolitan «aste Control Conmission � ClTY 4� 0��'� "� -- i Dietro S�luare Pui1.�1I19 St . Pdul , i•:;� �51i: 1 Dear Sals : Z a:� ��riti^.7 ��ou to _'ol�.��k up our CO;1�zYSdt2021 0� vesterday i:� �eg�ru �e r.;}• �se�:c:r-relate� probl�:� at :�nne ' s and My :7ou5e . c'.� � -1� � `�'7�OIl?Ll::t? ��1Vc? � ��OI`.O. .., tC�:•3j�1�11dt� �:1�.'. 5i�ua=ion uS I see lt. . . � t1UI1� 5@�ti'E'.I line � was b�.:ilt a1o::gsice �cunty Road 1 S i:� front of our property a ce�:pla o: years a�,o, �ai�h neither assessment :�o� benefit to ' a:;ace:�t ;,ropertzes . �ast year, hocaever , upproval �aas ,ra::tad �o: 0;-0::0~�o �ui1d a �nall �ur,icipal set•re, service in ny neigh- ' :,���!-:ood, :.ith �he e.^.a o� tne 7- or 8-unit syster.t lyi��j �!�6t�� � � �ae� �_'o:� our pzoperty line . '�nrougi: u failure o= co:.t:.i�.^.'_c��i�ns between the Citv oi Urono azd . r.,ysalf, � :ad :.ot k::ocan of the se�aer project until I observed the ac�ual construction caor;: . T ir�:�eda.ately applied to Orono City . j-:ail to ?�+a��e the setver service extended to our property. The � Y::rpose ws to allow division of our property into ��•:o lots so � �i:at s��e ^:a}• selZ our preserit house ar.d build r.ex� do�� • • � � ��r portior. o_` Orono is zoned reside:tial , 2-ac�e nir.imu^� without sehe; service , 1 -acre ^i::insn :�ith se4:er. Accordi�g �o a survey, we :�•�e 3 . :o acres total • 3 . 3 i acres �+hen the County Road 1 � :�i.y>;-. . �way is 3edsctec . 'v7e :�elieve that wnen nouse and garage are considered , th� only =�3sibie way to divine tne io� is abont �0-50 . ' :�►e Orono Council ar.d staff have indicated the possibility �of allowing sewer servicc to t::e present house but :•:OT to the new lot that we would like to create . They want tnat lot to be 2 acres and be capable of maintaining �a septic sysLem, proven so by percolation tests . � Two Orono policies come into conflict at this point, we have been told : the city does not like to divide lakeshore lots , yet the city does want to provide sewer service to all lakeshore housing. (more) w - - :' ) • Page 6 Ana an a�.iitiuc�.il �cmplication , from the Orono �it�� :1311 point of v� ew, is that tha city ' s comprehensive sewer f�lan syows our pro�arty iii the uri-sew�red section (the neighborina lot is seca�red . as I ssid r<3� lier) and the *lUSA li:�e :ias been dra�:n ri::'it at �::Zt sanc point -- E'\C ,L1C:lIlg our pzope�t�' fro:n t�:e �:etropolitaii sarvice ar�a {a1tl»urti the neig"t�oriil•T iot is incla3e:) • _ ��ha:. ��e �.ant to :�o is divide our iot right across �he micidle , .:,aki.^.�; t�oo lots eac� a�cee.;inc 1 1;2 acres , wi�h sewer se=�'i�e �o bo�h t::e prasent :�ouse (:�hich has a de.icieat septic syste^, ay �tle cit�• sta�f ::ss r,oteci) ai:d the ruture hou�e t.e will �uil' • Ts it �ossibl� For you cr you: staff to tind a �•ray to perinit ;.�:o se:v�r ser��:.czs to �roparty =hat adjoins se�aered property ar.d lz.es acro�s �n� :�agic linc called �iUSA? �:r.e :nc I �:ould be ve:y appreciative of any aw�'ice or help �nat you coul� o�fer us . :+::d, aqain, I appreciate very :�sch the ti:�e .�os �oo:. �o �wi:: ttiith :�A yestercay. Sir.ce=ely, � : RI David J. 7u:f 1420 S:�ora�ine Dr�ve , :�?ayza=a ":�I 55?91 �C: Idayor W• Bradley Van Nest, City cf Orono REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 23 , 1981 Page 7 Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1338 #1338 , A Resolution Adopting The 1980 City Of Community Manac�ment Orono Community Management Plan, as amended. Plan Motion, Ayes (4 ) - Nays (0) . Hurr moved, Frahm seconded, to accept Alan Olson ' s, BIG ISLAND REPORT* City Planner, status report concerning the Big Island moratorium dated November 19 , 1981. Motion, Ayes (3) - Nays (0) . Mayor Van Nest moved, Butler seconded, to approve CHANGE ORDER #1 Change Order #1, Ideal Enterprises, in the amount Ideal Enterprises of $880 .00 . Motion, Ayes (4 ) - Nays (0 ) . Mayor Van Nest moved, Butler seconded, to table item LLOM SEWER PROJECT #15, Resolution Amending Resolution #1333 , LLOM Sewer Project, until the Council meeting of December 14 , 1981. Motion, Ayes ( 3) - Nays (0 ) . Councilmember Hurr abstained. Mayor Van Nest announced that the Painter ' s Creek PAINTER' S CREEK MEETING Advisory Committee Meeting will be held December 3 , 1981 at the Independence City Hall. The City Council received the minutes of the Painter ' s PAINTER' S CREEK MINUTES Creek Advisory Committee Meeting of November 5 , 1981 . Mayor Van Nest announced that the Mayor ' s meeting MAYOR' S MEETING DATE concerning Cable TV will be held December 3 , 1981 at the Tonka Bay City Hall at 7 : 30 P.M. Mayor Van Nest moved, Hurr seconded, to appoint PAINTER' S CREEK Norman W. Paurus as alternate to the Painter ' s ALTERNATE - Norman Creek Advisory Committee . Motion, Ayes (4) - Paurus Nays (0 ) . Hurr moved to appoint George Rovegno as the COUNCILMAN APPOINTMENT replacement for former Councilmember Paurus. Motion died for lack of a second. Butler moved, Frahm seconded, to appoint Timothy COUNCIL APPOINTMENT Adams to the Council position vacated by Norman Timothy Adams Paurus. Motion, Ayes (4 ) - Nays (0 ) . Frahm moved, Butler seconded, to appoint Charles PLANNING COMMISSION Kelley to the Planning Commission to replace Charles Kelley Timothy Adams, newly appointed Councilmember . Motion, Ayes (4 ) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 23 , 1981 Page 8 No Cable TV report. CABLE TV No transportation report. TRANSPORTATION Hurr moved, Frahm seconded, that the lake access LAKE ACCESS* adjacent to 3685 North Shore Drive not be restricted, Crystal Bay per Public Works Coordinator John Gerhardson ' s memo dated November 18 , 1981. Motion, Ayes (3) - Nays (0) . Hurr moved, Frahm seconded, to approve the first LIQUOR STORE REPORT* quarter Liquor Store report for 1981 per Tom Kuehn ' s memo dated November 11, 1981. Motion, Ayes (3) - Nays (0) . Hurr moved, Frahm seconded, to approve the third THIRD QUARTER quarter investments report for 1981 per Tom Kuehn's INVESTMENTS* memo dated November 18 , 1981. Motion, Ayes (3) - Nays (0 ) . Hurr moved, Frahm seconded, to approve the step STEP INCREASE* increase for Officer Mark Tomczyk to $1, 520 . 76 Mark Tomczyk effective November 9 , 1981 . Motion, Ayes (3) - Nays (0) . Dick Benson, City Administrator, discussed with ENGINEERING FEES the City Council the proposed engineering fees 1982 for 1982 . Hurr moved, Butler seconded, to approve the engineering rates for 1982 for Bonestroo, Rosene , Anderlik & Associates, Inc. per Tom Kuehn 's memo of November 18 , 1981. Motion, Ayes (4) - Nays (0) . Hurr moved, Frahm seconded, to appoint Merrill APPOINT AUDITOR* Hansen as Orono ' s auditor for 1982 . Motion, Merrill Hansen Ayes (3) - Nays (0) . Hurr moved, Frahm seconded, to approve City DISCIPLINARY ACTION* Administrator Benson' s memo dated November 18 , Judy Munsch 1981, concerning disciplinary action for Officer Judy Munsch. Councilmember Hurr abstained from any discussion for this Consent Aqenda* item. Motion, Ayes (3) - (0) . Mayor Van Nest moved, Frahm seconded, to reaffirm REAFFIRM ORONO POLICY the City of Orono ' s present policy not to employ related persons. Motion, Ayes (3) - Nays (0 ) . Councilmember Hurr abstained. REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 23 , 1981 Page 9 Butler moved, Mayor Van Nest seconded, to approve ACTIVITIES Chief of Police Kilbo ' s memo concerning Gretchen Gretchen Hurr Hurr ' s Activities dated November 12 , 1981. Motion, Ayes (3) - Nays (0) . Councilmember Hurr abstained. Mayor Van Nest moved, Butler seconded, to accept RESIGNATION Gretchen Hurr ' s resignation dated November 9 , Gretchen Hurr 1981, from the Police Reserves. Motion, Ayes (3) - Nays (0) . Councilmember Hurr abstained. Butler moved, Frahm seconded, to adopt Resolution RESOLUTION #1339 #1339 , A Resolution To Amend Sections XIX And LIII Personnel Policy Of The City Of Orono ' s Administrative Organization Also Known As The City Of Orono ' s Personnel Policy. Motion, Ayes (3) - Nays (0) . Councilmember Hurr abstained. ' Hurr moved, Frahm seconded, that the All Funds BILLS* � Accounts and the Liquor Store Accounts, be paid. Motion, Ayes (3) - Nays (0) . Hurr moved, Mayor Van Nest, seconded, that the ADJOURNMENT meeting be adjourned at 8: 30 P.M. Motion, Ayes (4) - Nays (0) . i William B. Van Nest, Mayor � > Attest: ���,�C���v /,;'• ��.�� Alberta M. Strom, City Clerk