HomeMy WebLinkAbout02-22-1982 Council Minutes + ..
CITY OF ORONO
Regular Meeting of the Orono Council, 7 :00 P.M.
February 22 , 1982
The Orono Council met on the above date with
the following members present: Mayor Van Nest,
Councilmembers Frahm and Hurr. Councilmember
Butler arrived at 7 :20 P.M. ; Councilmember Adams
arrived at 7 : 25 P.M. Also present: Zoning
Administrator Mabusth, City Attorney Malkerson,
City Engineer Cook, Finance Director Kuehn, Plan-
ning Commission member Kelley, and �ity Clerk Strom.
City Administrator Benson arrived at 8 :30 P.M.
Mayor Van Nest announced that now was the time and PUBLIC HEARING
place for the Public Hearing concerning the Assessments - Sewer
assessments for the Highwood/North Shore Drive Highwood/North Shore
Sewer Project. City Clerk Strom presented the Drive
Affidavit of Publication and the Certificate of
Mailing.
Mayor Van Nest continued the public hearing until
more of the affected property owners could be
present.
At 7 : 10 , Mayor Van Nest reconvened the public
hearing. Affected property owners present were :
Merton P. Crooker, 3401 Upton Avenue North,
Minneapolis and David Kaufhold, 4140 North Shore
Drive .
City Engineer Cook explained the sewer installation
and costs. Mr. Crooker inquired if the sewer was
extended to all properties the same distance from the
house. Mr . Cook stated that two undeveloped properties
were not extended all the way back due to no easements
being received. Existing homes did have sewer extended
to within 20 ' of the home . Mr. Kaufman stated that the
restoration was not completed at his property. Mr. Cook
informed him that that will be completed in the spring.
After all persons present had an opportunity to be heard,
Mayor Van Nest closed the public hearing at 7 : 19 P.M.
Frahm moved, Hurr seconded, to adopt Resolution RESOLUTION #1363
�1363 , A Resolution Adopting The Assessment Roll Assessments
For Highwood Sanitary Sewer Project LS-1981-1.
Motion, Ayes (S) - Nays (0) .
Frahm moved, Hurr seconded, to approve the Consent CONSENT AGENDA*
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 ) .
REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 22 , 1982 Page 2
Frahm moved, Hurr seconded, to approve the MINUTES*
Minutes of the Regular Meeting of February 8 , February 8 , 1982
1982 . Motion, Ayes (3 ) - Nays (0 ) .
Mayor Van Nest announced that the next Park PARK COMMISSION MEETIN(
Commission meeting will be held on Wednesday, March 3 , 1982
March 3, 1982 at 7 :00 P.M. to discuss future
duties of the Park Commission and invited the
City Council to attend that meeting.
Councilmember Hurr informed the City Council LMCD REPORT
that she had attended a Lake Minnetonka
Conservation District meeting today.
No comments from Planning Commission representa- PLANNING COMMISSION
tive Kelley. COMMENTS
Mayor Van Nest inquired if anybody was present PUBLIC COMMENTS
that wished to speak under the Public Comments Ms. Pat Gorecki
section of the agenda. Ms. Pat Gorecki was
present to inform the City Council and the public
present that she would be filing for a legislative
post as an Independent/Republican candidate . She
stated that due to redistricting, she did not know
which legislative district it would be but
requested the support of persons present.
Frahm moved, Hurr seconded, to adopt Resolution RESOLUTION #1364*
#1364 , A Resolution Denying A Conditional Use 1960 Shoreline Drive
Permit Application For Paul Fahlin To Permit The Denial - C.U.P.
Installation Of A Bait Shop At The Service Station
Located At 1960 Shoreline Drive. Motion, Ayes (3) -
Nays (0) .
Jeanne Mabusth, Zoning Administrator, reviewed CONDITIONAL USE PERMIT
with the City Council the conditional use permit 3800 Wayzata Boulevard
application of Vicki Wisegarver for 3800 Wayzata #666
Boulevard. Vicki Wisegarver
Present were : Vicki Wisegarver and her attorney
Mark Cherniack, Mr. & Mrs. Tom Brokl and their
attorney Dave Hubert. Mrs. Wisegarver is leasing
the property to Z'om Brokl as a retail establishment
for the produce that he raises at his watertown
farm.
Zoning Administrator Mabusth explained the operation
of the market while under the ownership of Mayona
Sundlin many years ago and stated that Mr. Brokl
is intending to have the same type of operation.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 22, 1982 Page 3
Mayor Van Nest stated that the original operation CONDITIONAL USE PERMIT
was for a wayside stand to sell fruit and vegetables 3800 Wayzata Boule�ard
and that the owner was permitted to have living (Continued)
quarters in one-half of the building. The City Council
needs to have it made very clear what products are to
be sold at the property with limited outside sales.
Discussion included the illegal expansion under the
ownership of Orton Wisegarver. Mrs. Wisegarver stated
that she was not responsible for the operation of the
business while Mr . Wisegaver was in the area. Mrs.
Wisegarver informed the City Council that she hopes to
meet all the requirements that the City Council requests
because she and Mr . Brokl do not want any problems and
intend to correct the previous problems.
Mayor Van Nest inquired what type of sales would be
outside the building and if packaged foods would be
sold inside the building.
Mr. Brokl stated that he planned on having limited sales
on the outside which would be mainly an overflow of
stock fronl his farm during the fall season. Mr . Brokl
stated that he would be trucking in himself fruits and
vegetables that he was not capable of growing at his
farm; he planned on having a limited supply of packaged
staple foods to sell year-round on the inside of the
store .
The condition of the owner or manager of the store
living on the premises was discussed. Mr . Brokl
stated the he might possibly have a manager to live
in the living quarters but that he would not be living
there .
Mr . Brokl asked Mayor Van Nest to define the guidelines
that the City Council required and that they would conform
to those conditions.
Mayor Van Nest informed Mr . Brokl that to extend the
conditional use permit, the City Council requires a
detailed survey showing the outside storage not to
extend beyond the south side of the building; no sales
in front of the building; parking stalls and driveway
access to show on survey; building floor plan for living
quarters and bath facilities plus sales area to be
reviewed by the Building & Zoning Department for compliance.
This is basically a residentially operated facility to
sell produce grown by Mr. Brokl. Mayor Van Nest also
stated that as long as everything is progressing favorably,
the City Council might consider extending the deadline
after April 8 , 1982 This does not mean that the City
Council will approve the conditional use permit but that
the stipulations need not be completed by April 1 but
are progressing toward compliance .
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 22, 1982 Page 4
Mayor Van Nest moved, Hurr seconded, to draft a CONDITIONAL USE PERMIT
resolution to be signed-off by Mr . Brokl and 3800 Wayzata Boulevard
Ms. Wisegarver to be brought back to the City Council (Continued)
for review, to include the following:
l . Survey showing the outside storage not to
extend beyond the south side of the building
2 . No sales in front of building
3. Parking stalls and driveway access to show on
survey along Sixth Avenue North
4 . Floor plan for living quarters to include bath
5 . Floor plan for sales area and types of inerchandise
for sale inside
6 . Types of produce to be sold outside, mainly in the
fall
7. Proposed use of garage and greenhouse
Motion, Ayes (5) - Nays (0) .
Jeanne Mabusth, Loning Administrator, reviewed with VARIANCE
the City Council the after-the-fact variance request 3640 Wayzata Boulevard
of Clifford Otten, 3640 Wayzata Boulevard. #670
Clifford Otten
Mr . Clifford Otten was present.
Butler moved, Adams seconded, to approve the after-
the-fact variance for Clifford Otten, 3640 Wayzata
Boulevard, per the Planning Commission minutes of
January 18 , 19$2 , which state : "to approve the size
variance application for Clifford Otten for an accessory
structure of 2, 118 . 96 sq, ft. based on the finding that
the proposed use is consistent with accessory agricultural
use and that the alternative of relocating two 1 , 000 sq. ft.
of structures is impractical based_on hardship of low land
location close to immediate site and subject to condition
that applicant work with the Building Official to bring
structures up to c�de . Motion, Ayes (5) - Nays (0) .
Frahm moved, Hurr seconded, to adopt Resolution RESOLUTION #1365*
#1365, A Resolution Directing Staff To Issue A Sailors World License
Commercial Dock License To Sailors World Subject
To Conditions Noted Herein For The Period Of
January 1, 1982 To December 31 , 1982 . Motion,
Ayes (3) - Nays (0) .
REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 22 , 1982 Page 5
Frahm moved, Hurr seconded, to adopt Resalution RESOLUTION #1366*
#1366 , A Resolution Directing Staff To Issue A Joint FoxHill License
Use Dock License To Foxhill Homeowner ' s Association
Subject To Conditions Noted Herein For The Period Of
January l, 1982 To December 31 , 1982 . Motion,
Ayes (3) - Nays (0 ) .
Frahm moved, Hurr seconded, to adopt Resolution RESOLUTION #1367*
#1367, A Resolution Directing Staff To Issue A Joint Minnetonka Power
Use Dock License To Minnetonka Power Squadron Subject Squadron License
To Conditions Noted Herein For The Period Of January 1,
1982 To December 31, 1982 . Motion, Ayes (3) - Nays (0) .
Frahm moved, Hurr seconded, to adopt Resolution RESOLUTION #1368*
#1368 , A Resolution Directing Staff To Issue A Navarre Cove License
Joint Use Dock License To Navarre Cove Homeowners
Association Subject To Conditions Noted Herein For
The Period Of January l , 1982 To December 31, 1982 .
Motion, Ayes (3) - Nays (0 ) .
Frahm moved, Hurr seconded, to adopt Resolution RESOLUTION #1369*
#1369, A Resolution Directing Staff To Issue A Joint Big Island Veterans
Use Dock License To Big Island Veteran ' s Camp Subject Camp License
To Conditions Noted Herein For The Period Of January 1,
1982 To December 31, 1982 . Motion, Ayes (3) - Nays (0) .
Frahm moved, Hurr seconded, to adopt Resolution RESOLUTION #1370*
#1370 , A Resolution Authorizing The Installation Of Stop Sign
A Stop Sign On Wildhurst Trail At Tonkaview Lane. Wildhurst-Tonkaview
Motion, Ayes (3) - Nays (0 ) .
Mayor Van Nest moved, Butler seconded, to approve DEICING PERMITS
the following deicing permits, subject to LMCD
approval :
Big Island Veteran ' s Camp - Big Island
Chaska Marine - 3324 North Shore Drive
Crystal Bay Service - 3398 North Shore Drive
Fairview Community Hospitals - 4195 North Shore Drive
Norma Johnson - 835 Partenwood Road
Minnetonka Boat Works - 1449 Shoreline Drive
North Shore Drive - 3222 North Shore Drive
Sailors World - 1955 Shoreline Drive
Motion, Ayes (5) - Nays (0 ) .
Mr. Michael Lynch, Engineer from Bonestroo, Rosene , I/I ANALYSIS
Anderlik Associates, was present to review with the
City Council the I/I Analysis. Mr. Lynch explained
the infiltration and inflow conditions in the Orono
sewer system, the problem areas, and methods of
correction. (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 22, 1982 Page 6
Mayor Van Nest stated that due to the fact that the I/I ANALYSIS
City Council had just received the I/I Analysis in (Continued)
their agenda packets on Friday, February 19 , 1982,
the Council would require more time. to study the
analysis before any action is taken.
Glenn Cook, City Engineer , informed the City Council MEDINA/MORNINGSIDE
that Nodland Associates will commence the sewer SEWER CONSTRUCTION
construction in the Long Lake area for the Medina/
Morningside project on February 22, 1982 .
Glenn Cook, City Engineer, informed the City Council TRAFFIC SIGNAL
that work on the traffic signal on Highway #12 and #12 & Old Crystal Bay
the Old Crystal Bay Road will continue on April 1,
1982, approxirnately.
Mayor Van Nest discussed with the City Council CITY ELECTIONS
the term of Mayor for the City of Orono being Mayor ' s Term
reduced to two years instead of the present four-
year term. The Mayor requested that this item
be placed on the next Council agenda.
Mayor Van Nest reviewed with the City Council GRAY ' S BAY DAM LETTER
his letter to the Lake Minnetonka area Mayors February 17 , 1982
concerning construction at the Gray' s Bay Dam
site, dated February 17, 1982.
Mayor Van Nest reviewed with the City Council GRAY' S BAY DAM LETTER
his letter to David Cochran, President of the February 18 , 1982
Board of Managers/Minnehaha Creek Watershed
District, concerning Headwaters Control Structure,
Gray ' s Bay, dated February 18 , 1982 .
Mayor Van Nest reviewed with the City Council KATRINA WATERSHED
the meeting with residents concerning the South
Katrina Watershed area on February 13 , 1982 .
Mayor Van Nest announced that the next South KATRINA MEETING
Katrina Watershed area meeting will be held March 11, 1982
March 11, 1982 at 7: 30 P.M. at the Orono Council
Chambers.
A letter from Adrian Herbst, Attorney for the CABLE TV LETTER
Cable TV Committee, concerning the franchising Franchising
process dated February 10 , 1982 was presented
to the City Council .
REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 22 , 1982 Page 7
A tabluation of the Cable TV Survey was presented CABLE TV SURVEY*
to the City Council showing a total of 540 surveys
returned as of February 19 , 1982 with 76o in favor
of Cable TV and 24� No answers.
A memo from Sandra Brunton, Chair South Shore Cable CABLE TV TERRITORY
Advisory Committee, dated February 15, 1982 , regard-
ing the inclusion of the West and North Cable TV
Service Areas with the South Shore Service area was
presented to the City Council.
The next meeting for the Cable TV Committee will be CABLE TV MEETING DATE
held on March 4 , 1982 at 7 : 30 P.M. at the Tonka Bay March 4 , 1982
City Hall .
City Administrator Benson presented the City Council CABLE TV NEW AREA
with a memo concerning procedures to finalize the
new Cable TV Service Area dated February 16 , 1982.
The City Council was presented a letter that was CABLE TV LETTER
mailed February 11, 1982 to all the Lake Minnetonka February 11, 1982
Area Mayors concerning the South Shore Cable TV
Service Area.
The City Council reviewed the Community Development CDBG PROGRAM
Block Grant Program memo presented by City Adminis-
trator Benson dated February 18, 1982.
Mayor Van Nest announced that a public hearing will CDBG PUBLIC HEARING
be held March 8 , 1982 at 7 :00 P .M. concerning the March 8 , 1982
CDBG uses for Year VIII.
Frahm moved, Hurr seconded, to approve the memo WORKMEN ' S COMP. *
concerning Workmen ' s Compensation dated February 3 ,
1982 . Motion, Ayes (3) - Nays (0 ) .
Frahm moved, Hurr seconded, to approve a Crime CRIME PREVENTION
Prevention Seminar at the Gray Freshwater Biological SEMINAR*
Institute on March 16 , 1982 at 7: 30 P.M. Motion,
Ayes (3 ) - Nays (0 ) .
Frahm moved, Hurr seconded, to approve the employ- ORONO SCHOOL PARKZNG*
ment of off-duty police officers for the Orono LOT - POLICE OFFICERS
School District parking lot, subject to City Adminis-
trator Benson ' s memo dated February 16 , 1982 . Motion,
Ayes (3 ) - Nays (0 ) .
REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 22 , 1982 Page 8
Frahm moved, Hurr seconded, to approve the Lord STRIDES FOR LIFE*
Fletcher ' s Strides for Life event to be held on June 12, 1982
June 12, 1982 , per City Administrator Benson ' s
memo of February 16 , 1982 . Motion, Ayes (3 ) - Nays (0) .
Frahm moved, Hurr seconded, to accept the letter GEORGE S. PILLSBURY
from Senator George S. Pillsbury concerning the LETTER*
Lake Minnetonka Conservation District dated LMCD
February 10 , 1982 . Motion, Ayes (3) - Nays (0 ) .
Frahm moved, Hurr seconded, to accept the letter EDWARD CASHIN LETTER*
from Edward Cashin, 1305 Shoreline Drive , concern- Sewer Matter
ing his sewer matter dated February 10 , 1982 and
to reaffirm approval of City Administrator ' s letter
to Mr. Cashin dated February 5, 1982 . Motion,
Ayes (3) - Nays (0 ) .
Frahm moved, Hurr seconded, to approve the payment TRAFFIC SIGNAL PAYMENT*
to the State of Minnesota for the construction of #12 & Old Crystal Bay*
the semaphore at Highway #12 and the Old Crystal
Bay Road in the amount of $83 , 992 . 57 . Motion,
Ayes (3) - Nays (0) .
Frahm moved, Hurr seconded, to approve the letter EDWARD HAMM MATTER*
from City Administrator Benson to Edward Hamm, 480
Orono Orchard Road, concerning the tile line matter
dated February 19, 1982 . Motion, Ayes (3) - Nays (0) .
Butler moved, Hurr seconded, to table the Desyl DESYL PETERSON
Peterson, Prosecuting Attorney item until a later Prosecuting Attorney
date. Motion, Ayes (5) - Nays (0) . �
Frahm moved, Hurr seconded, to approve the letter RON MILLER LETTER*
from City Administrator Benson to Ron Miller, 270 Glendale Drive
Willow Drive North, concerning Glendale Drive ,
dated February 9, 1982. Motion, Ayes (3) - Nays (0) .
Frahm moved, Hurr seconded, to approve th,e letter GEORGE LUSHER LETTER*
from City Administrator Benson to George Lusher, Maple Plain Treatment
MWCC, concerning the Maple Plain Treatment Plant Plant
dated February 10 , 1982 . Motion, Ayes (3) - Nays (0) .
Frahm moved, Hurr seconded, to approve the letter ANTHONY LUNDQUIST*
from City Administrator Benson to Anthony Lundquist Snow Shovelling
thanking him removing snow by the Orono School
hydrants dated February 10 , 1982 . Motion, Ayes (3 ) -
Nays (0) .
REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 22, 1982 Page 9
Frahm moved, Hurr seconded, to approve City Adminis- NEW PROCEDURES*
trator 's memo to department heads concerning new
procedures due to economic conditions dated February 11,
1982. Motion, Ayes (3) - Nays (0) .
Frahm moved, Hurr seconded, to approve City Adminis- OVERTIME PROCEDURES*
trator ' s memo to John Gerhardson concerning overtime
procedures dated February 11 , 1982 . Motion, Ayes (3) -
Nays (0) .
Frahm moved, Hurr seconded, to approve City Adminis- OVERTIME/EXPENDITURES*
trator ' s memo to Tom Kuehn, Finance Director, concern-
ing overtime procedures and expenditures dated
February 11, 1982. Motion, Ayes (3) - Nays (0) .
Frahm moved, Hurr seconded, to approve City Adminis- FIRE CHIEF LYLE DAY*
trator ' s letter to Long Lake Fire Chief Lyle Day
thanking him for the summary of fire service for the
City of Orono dated February 12 , 1982 . Motion,
Ayes (3) - Nays (0 ) .
Frahm moved, Hurr seconded, to accept the memo DESYL PETERSON/MARC
to Chief of Police Mel Kilbo concerning Desyl FRITZLER*
Peterson and Marc Fritzler dated February 16 , 1982 �
subject to City Admi�istrator Benson 's review.
Motion, Ayes (3) - N�ys (0 ) .
Frahm moved, Hurr seconded, to approve the letter JON ELAM LETTER*
from City Administrator Benson to Jon Elam, Mound Fire Contract
City Manager, concerning the fire contract dated
February 17 , 1982 . Motion, Ayes (3 ) - Nays (0) .
Frahm moved, Hurr seconded, to approve the letter MARY RIVERS LETTER*
from City Administrator Benson to Mary Rivers Phone Calls
concerning telephone calls dated February 17, 1982 .
Motion, Ayes (3 ) - Nays (0) .
Frahm moved, Hurr seconded, to approve a memo from PAY AS YOU GO POLICY*
City Administrator Benson to department heads
regarding a Pay as You Go Policy dated February 16 ,
1982. Motion, Ayes (3) - Nays (0 ) .
Frahm moved, Hurr seconded, to accept the letter MnDOT LETTER *
from MnDOT, concerning a _sgeed limit survey for Park Park Lane/Elm Street
Lane and Elm Street dated February 11 , 1982 , Motion,
Ayes (3 ) - Nays (0 ) .
.� ��.
REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 22 , 1982 Page 10
Frahm moved, Hurr seconded, to approve the memo OVERTIME*
from City Administrator Benson to Chief of Police Jean Hoogenakker
Kilbo concerning overtime for Jean Hoogenakker,
police secretary,dated February 19 , 1982 . Motion,
Ayes (3) - Nays (0 ) .
Frahm moved, Hurr seconded, to approve the memo MATERIALS & EQUIPMENT*
to John Gerhardson, Public Works Coordinator, BIDS
concerning procedures for tabluating bid results
for materials and equipment dated February 19 , 1982 .
Motion, Ayes (3 ) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to appoin�� FOREST ARMS LAKE ACCESS
Councilmembers Frahm and Hurr to hold a worksession Worksession
with the homeowners in the Forest Arms Lake Access
matter on Saturday, March 6 , 1982 at 10 :00 A.M. at
the Orono Council Chambers. Motion, Ayes (5) - Nays (0) .
Bruce Malkerson, City Attorney, reviewed with the HALSETD ' S BAY LAKE
City Council his letters concerning the proposed DNR ACCESS
access on Halsted ' s Bay dated February 10 , 1982
and February 19, 1982 .
Frahm moved, Hurr seconded, to approve the following LICENSES*
licenses : Motion, Ayes (3) - Nays (0) .
Hayes Excavating - Septic System Installer
National Installers Plumbing - Plumber
Thoen Plumbing - Plumber
Zachman Plumbing - Plumber
Frahm moved, Hurr seconded, that the All Funds BILLS*
Accounts and the Liquor Store Accounts, be paid.
Motion, Ayes (3) - Nays (0 ) .
Hurr moved, Butler seconded, that the meeting be ADJOURNMENT
adjourned at 11 : 30 P .M. Motion, Ayes (5) -
Nays (0) .
� �� � �� �
'���!���'Or ; `�� !
4/.�4_.
William B. Van Nest, Mayor
� �� �-�L
Attest : � %��/�`��. ���� �,�y„J
Alberta M. Strom, City Clerk