HomeMy WebLinkAbout03-08-1982 Council Minutes � . CITY OF ORONO
Regular Meeting of the Orono Council 7 :00 P.M.
March 8 , 1982 .
The Orono Council met on the above date with
the following members present: Mayor Van Nest,
Councilmembers Frahm, Hurr, Butler and Adams .
Also present : Zoning Administrator Mabusth,
City Planner Olson, Public Works Coordinator
Gerhardson , Engineer Mike Lynch, Planning Commission
Chairman Hammerel , City Attorney Malkerson and Deputy
City Clerk Woytcke. City Administrator Benson arrived
at 8 : 30 P.M.
Mayor Van Nest announced that now was the time PUBLIC HEARING
and place for the Public Hearing concerning the CDBG
Community Development Block Grant Program.
Deputy Clerk Woytcke presented the Affidavit of
Publication .
Present for the Public Hearing was Mr. Howard �
Meagher, representing the Citizens Advisory
Committee. He reported that all other communities
except Orono were building senior citizen dwellings .
Mr. Meagher presented a letter that had been previously
presented to the Council on June 10, 1980 , stating that
the new council members should read his position on the
use of the CDBG funds and his feelings about the Navarre
area for a senior citizen dwelling.
After Mr. Meagher stated his position , Mayor
Van Nest asked for any more comments there
being none , the Public Hearing was closed at
7 : 16 P.M. .
Hurr moved, Butler seconded to r-emove item �3 CONSENT AGENDA*
from the Consent Agenda,
Motion , Ayes (5) - Nays (0)
Hurr moved, Butler seconded to approve the
Consent Agenda subject to removing item #3
and to approve all staff reports concerning
consent 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 (5 ) - Nays (0)
Van Nest moved, Hurr seconded to approve the MINUTES
minutes of the Regular Meeting of February 22 , February 22 , 1982
1982 subject tc auding to the directions to
staff that the Wisegarver resolution be brought
back to the City Council for review.
Motion , Ayes (5) - Nays (0)
�
P,EGULAR MEETING OF THE ORONO COUNCIL, MARCH 8 , 1982 PAGE -2-
Mrs . Mary Stinson representing the Orono Park PARK COMMISSION
Commission stated the Park Commission had a COMMENTS
meeting on March 3 , 1982 and decided to meet
bi-monthly . Also they found that the Hussman
project should consider a Tot-Lot. She also
stated the Park Commission recommended the
City of Orono should again participate in the
summer recreation program.
Van Nest moved, Butler seconded to approve ORONO COMMUNITY EDUCATION
Orono ' s participation in the Orono Community PROGRAM-SUMMER PROGRAM
Education Program Summer program and to
approve payment of $650 . 00 , that was already
budgeted, for Orono' s share of the program.
Motion, Ayes (5) - Nays (0)
Councilmember Hurr stated that she had LAKE MINNETONKA CONSERVATIOr
attended the Lake Minnetonka Conservation DISTRICT
District meeting and that there was nothing
different to report.
No comments from Planning Commission represen- PLANNING COMMISSION COMMENT:
tative John Hammerel .
No comments from the Public . PUBLIC COMMENTS
Mr. James Thaxter was not present. #644 AFTER-THE-FACT
Zoning Administrator Mabusth informed CONDITIONAL USE PERMIT
the council that she had received Mr. James Thaxter
the Flowage and Conservation easement 1965 Tamarack Drive
that the council had requested at the
February 8 , 1982 council meeting.
Van Nest moved, Adams seconded, to grant
the After-The-Fact conditional use permit
for Mr. James Thaxter, 1965 Tamarack Dr.
Motion , Ayes (5) - Nays (0)
Mr. Richard Speeter of 659 Minnetonka #656 & #665 AFTER-THE-FACT
Highlands was present and stated that AND CONDITIONAL USE PERMIT
he wanted to make two points before the Mr. Richard Speeter
council decided on his permit. 659 Minnetonka Highlands
His two points were as follows :
1 . The area was dredged once and is bound
to fill in again , and he doesn' t want
a swamp to develop in his back yard.
2 . When he moved in the house he was able
to dock his boat there and later had to
relocate to the major lake when the lagoon
silted in, he likes docking on the lagoon
better.
REGULAR MEETING OF THE ORNO COUNCIL MARCH 8 , 1982 PAGE -3-
Van Nest moved, Butler seconded, to table RICHARD SPEETER CON' T.
the After-The-Fact and Conditional Use
permit for Mr. Speeter and directed City
Planner Alan Olson to meet with Mr. Speeter
and draft a resolution for council review at
the March 22 , 1982 Council Meeting.
Motion , Ayes (5) - Nays (0)
Ms . Vicki Wisegarver & Mr. Tom Brokl were #666 CONDITIONAL USE PERMIT
present. Zoning Administrator Jean Mabusth Ms . Vicki Wisegarver
reviewed with the council the Resolution , the 3800 Wayzata Boulevard
floor plan, site plan, and the Hennepin County
Highway Department letter dated March 1 , 1982 .
Council directed staff to include the following
changes; The council wanted a tickler file set
up and this permit be reviewed each year.
2) The council wanted City Attorney Malkerson
to make changes in the language of the
Resolution. ,
This is to be brought back to the next regular
council meeting on March 22 , 1982 to be reviewed
by council and acted on at this time .
City Planner, Alan Olson reviewed with the SALE OF CITY LAND
council the sale of a parcel of city land Mr. Mike Ellis
to Mr. Mike Ellis . This had been before
the council in 1976 .
Butler moved, Van Nest seconded that since
this parcel of land no longer had any public
use or pur�ose for the City of Orono, staff
is directed and authorized to develop and enter
into a purchase agreement for sale of this parcel
to Mr. Ellis for the approved incremental value
of $4 ,000 , and bring back to the March 22 , 1982
meeting for council to review.
Mr. Mike Lynch of Bonestroo, Anderlik, & Assoc . CITY ENGINEER' S REPORT
was present to report to the council of the I/I ANALYSIS AND THE
I/I Evaluation and the Navarre Sewer Problems . NAVARRE SEWER PROBLEMS
Mayor VanNest shared with the council some points
of information that had been discussed at the
Mayors meeting regarding the MWCC cost. He
stated that 800 of the MWCC cost was fixed cost
and to remove the flow of I/I out of the lines
would not really change the City ' s cost , because
you would merely reduce the number of gallons.
(this is like mill rates and assessed valuations)
If you reduce the number of aallons you still
have the cost, so you are dividing it by a smaller
amount of gallons and therefore your cost per
gallon is more.
REGULAR MEETING OF THE ORONO COUNCIL MARCH 8 , 1982 PAGE -4-
Mayor Van Nest requested Mr . Lynch CITY ENGINEER' S REPORT CON'T.
not to review the I/I Evalution since
the City did not understand the numbers
in the report and the council felt until
the staff and council had a chance to
get some answers as to why the numbers
did not agree with the Comprehensive Plan,
they did not want to discuss this matter.
Mr. Lynch reported on the Navare sewer
problem.
Lift Station #6 was the first item to be
discussed. He stated that the City had
instructed Bonestroo to look into the
possibility of pumping straight from
lift station #7 on up into the gravity
line and on into the interceptor line
located at Livingston Avenue and Shady-
wood Road,bypassing lift #6 entirely,
allowing lift station #6 to accommodate ,
additional capacity and additional hook-
ups and also to relieve some of the
problems caused by the water plant
discharge.
Some of the improvements to lift station
#6 have already been made . The pumpinq
capacity has been incr�ase� 90$: Previously
it was only pumpina 200 qal_lcros per minute.
Mr. Lynch stated he had received a letter
from City Administrator Dick Benson and that
Dick had asked that some particular points
be looked � into and they were as follows ;
1 . WATER PLANT DISCHARGE - It is contributing
quite a bit of water. There are two sources of
water. 'Fhere is filter backwashing and softening
backwashing. The filter backwashing ends up con-
tributing about 1/3 of the total , approximately
35 , 000 gallons a month. This water could be
stored and recycled. Currently it is all going
into the sanitary sewer.
Filter backwashing is currently done at the water
plant twice a month. The filters consist of 7 cells.
To backwash a cell , water is pumped through it at a
rate of 550 gallons per minute.
Water softening is initiated about 7 times a month
and uses 50 gallons per minute for 3 hours .
2 . MINNETONKA BEACH-In 1981 Minnetonka Beach pumped
22 , 000 , 000 gallons of sewage into the interceptor line
on Shadywood Road and of the 22 , 000 ,000 gallons pumped
it is estimated that 4 . 4 million gallons is I/I . (20°)
, , REGULAR MEETING OF THE ORONO COUNCIL, MARCH 8 , 1982 PAGE -5-
Mike then reported that the MWCC is not fully
aware of what is happening in the interceptor
line . They have not received the data that
the Orono Council has received. They have not
seen the I/I report, they have seen the Comp
Plan and have approved it. One of the major
concerns that Glenn Cook has is the pumps in
the lift stations in the interceptor route are
designed to pump twice as much as the existinq
numps are pumping now. He would like to get
that pumping capacity up to Wh�t it was designed
for.
Mayor Van Nest expressed to Mike Lynch that the
City is not prepared to submit this I/I report
to the MWCC until the staff and council under-
stands these numbers and until they have some
answers to some questions .
Mike Lynch stated that he felt that if the City
held back the I/I report steps to upgrade the '
MWCC interceptor cannot be made. Mayor VanNest
stated we are not holding back the report we
merely want enough time to make sure our numbers
agree.
Mayor Van Nest requested staff and the City
engineer to recheck all contributing factors
included in the I/I report for further council
review.
Mayor Van Nest announced the Katrina Marsh KATRINA MARSH MEETING
meeting will be held at the Orono Council
Hall , Thursday, March 11 , 1982 at 7 : 30 P.M.
Mayor Van Nest moved , Butler seconded, to have CITY ELECTIONS-MAYORS
the legal department draft an ordinance to be LENGTH OF TERM
adopted at the March 22 , 1982 Council Meeting
reducinq the term of Mayor from 4 years to
2 years . Motion, Ayes (5) - Nays (0)
Mayor Van Nest reported on the Minnehaha Creek MINNEHAHA CREEK WATERSHED
Watershed District meeting regarding Gray ' s Bay. DISTRICT-GRAY ' S BAY DAM
When the Dam was built there was an operational
plan that went into effect until January 1983 ,
and then to be reviewed and modified, and be in
effect until 1986 , and be reviewed every three
years thereafter.
The plan consist of two items; 1 ) The point at
which no water will be discharged. 2) The rate
of flow that it will be discharqed at different
times of the year and at different elevations.
REGULAR MEETING OF THE ORONO COUNCIL, MARCH 8 , 1982 PAGE -6-
.
The low point of the old Gray' s Bay Dam is 928 . 6 . GRAY ' S BAY DAM CON' T.
That low point was a very small notch at the end
of the Dam. The average height of the Dam was
actually 929 . 0 . When the new structure was built
as a fixed crest structure, the top of the
Dam is now 930 . 0 feet. When the water of the lake
reaches 930 feet it will merely go to the top of
the Dam and flow unrestricted down to Minnehaha
Creek . There is a spill-way at the side of the
Dam and when the gates are open and the stop logs
are removed, it actually has the ability to drain
the lake down to 926 . 0 . The level that the gate
is open depends on this management study.
The original plan was principally during the summer
months , April , May, June & July there will be no
water discharge when the lake falls below 929 . 3,
which is 1/10 below the ordinary high water level
of the lake. Then in August they would drop it
1/10 and again in September 1/10 , October & November
another 1/10 and then in December, January and ,
February, March they would drop it another 1/10 .
The idea was that starting in August and continuing
all through the year to March they were going to
lower the level of the lake down to 928 . 6 so that
in April when the spring thaw came there would be
a low lake level and the lake then could build uP
to 929. 4 rapidly to prevent downstream flooding.
when the lake would build up to 929 . 3 in the spring
no discharge would occur as it builds up above 929 . 3
to 929 . 6 it would discharge 50 cubic feet per
second. It would discharge at that rate until it got
up to 930 . 0. The figure of 250 cu. ft. per second was
what was determined to be flood capacity of the creek.
If it got over 250 cu. ft. per second it would flood.
In the original plan this was worded as control flow
at 250 cubic feet per second.
After the Dam was operated for one year, the Watershed
found that it had a problem with the winter time plan
of letting the lake down . The problem was that they
were letting water out of the lake when the lake was
frozen, and the water would trickle out underneath the
ice and it would run down the creek and freeze. Then
more water would run out and freeze on top of that so
they had a constant build up of ice. When the lake
thawed in the spring there was a lot of frozen ice
and the creek would flood. Last year they proposed a
modification of the plan. The modification was that
they would leave it at the same elevation , it would
discharge below 929. 3 during April , May, June, and
July, but in August they proposed droppinq it down to
928 . 6 . The City did not object to this but the City
did object to it being dropped down in July.
REGULAR MEETING OF THE ORONO COUNCIL, MARCH 8 , 1982 PAGE -7-
City Administrator Benson, andI went to the
Watershed and stated that the City did not
want the Watershed to drop the lake down, that
the City wanted them to leave it at 929. 3 through
July, and through the first two weeks of August and
then drop it 1/10 at the end of August and then
bring it down according to the two year plan.
The Watershed took this plan to the DNR and the
DNR decided to leave it at this height in July,
but drop it 2/10 in August and then on down.
This plan was approved back in August to operate
through this winter and that plan is not operational
and we are now back to the original plan.
The new plan is to lower the elevation in which a
no discharge situation will happen . During the
months of March, April , May, June . July, August,
September and the first of October, it will dis-
charge water at certain rates all the way down ,to
928 . 7 then from the middle of October through the
first of March it will discharge water another 1 . 2
inches or down to 928 . 6 .
When we talk about flow under the old dam plan,
928 . 6 was the low point. It would discharge 0
and as the water went up to 929. 0 it would dis-
charqe up to 10 cu. ft. per second. When it qot
to 929 . 0 and 929 . 2 it would now discharge from
10-30 cu. ft. per second and when it went up 2/10
more it would go from 30 to 100 cu. ft. per second,
and when it went up from 929 . 4 to 929 . 6 it would
go from 100 to 250 and 300 to 380 , 460 to 520 ,
520 to 575 cu. ft . per second. The idea was to
modify the original plan to allow some discharge
to approximate the fact that there would be some
small discharge all the way down to 928 .6 . So
what the Watershed is saying from the middle of
May to the middle of July they are going to allow
15 cu. ft. per second to discharge, and from the
middle of July to the middle of August they are
going to allow 10 cu ft. to discharge down to the
928 . 8 and then from the middle of March to the
middle of September they are going to allow it to
discharge 7 cu. ft. per second until the lake
reaches 928 . 7 and then there will be no discharge .
Under the original plan, Jan . Feb. & Mar. they would
discharge 25 cu. ft. per second. Under the new plan
150 cu. ft. per second.
In the language of the proposed change it states that
when the water level rises to 929 . 6 it will discharge
at 250 cu. ft . per second. Language now changes to
state it will discharge at a maximum of 250 cu. ft.
per second , provided that the creek will take it.
�
REGULAR MEETING OF THE ORONO COUNCIL MARCH 8 , 1982 PAGE -8-
` There is no assurance that it will dump it MINNEHAHA WATERSHED CON ' T
at that rate, in fact, under the plan they
could have no discharge at all , so if there
were bad storms back to back there could be
a flooding problem on the lake .
City Attorney Bruce Malkerson wanted it stated
for the record that Popham, Haik, Schnobirch,
and Kaufman does represent the Watershed District.
He stated he did not work in that area , but his
firm does represent them.
Hurr moved, Butler seconded to direct City
Administrator Benson to draft a letter to the
Watershed and request to be put on their agenda
for the meeting to be held on March 18 , 1982 , so
that the City may be heard on it' s views of the
Gray' s Bay Dam matter which is; any attempt to
lower lake levels during March 15th through July
15th and November 15th through March 15 would have
an intense and environmental impact on Lake Minnetonka .
Motion, Ayes (5) Nays (0)
Mayor Van Nest reported that the Forest Arms Lake FOREST ARMS LAKE ACCESS
Access meeting was held on March 6 , 1982 , this
matter would be discussed in the executive session
at the end of this meeting.
Mayor Van Nest reported he had attended the MAYORS MEETING
mayors meeting on March 4 , 1982 , and stated
the Gray' s Bay Dam matter was also discussed
at this meeting. He urged the council to try
and attend the Watershed District meeting to
be held on March llth at our council hall .
Mayor Van Nest reviewed with the council the MILL RATES COMPARISON
memo from City Administrator Benson regarding
the mill rates.
Mayor Van Nest reviewed with the Council the TAXES
memo from City Administrator Benson regarding
the 1982 taxes.
Councilmember Butler reported that the committee CABLE TV REPORT
of Cable TV has now changed their name to "Lake
Minnetonka Shores Cable T.V. Service Area" .
Mayor Van Nest reviewed with the Council his
letter to Sandy Brunton regarding the RFP ' s .
Councilmember Butler reported that at the
Cable T.V, meeting the matter of types of
Joint Powers Agreements were discussed .
9
REGULAR MEETING OF THE ORONO COUNCIL, MARCH 8 , 1982 PAGE -9-
She stated under one section of the law provisions
are made for the granting of a franchise and under
another section of the law there is one that provides
for the administration of the cable franchise after
the franchise has been granted. It was decided at
the Cable meeting to ask each representative to go
to their city council and have them research the
pros and cons of each type of joint powers and
report back to the Cable T.V. committee as to
which way they would prefer.
Hurr moved, Butler seconded , to approve the BID AWARD 1982 EQUIPMENT*
1982 Bid Award for Equipment & Materials . AND MATERIALS
Motion, Ayes (5) - Nays (0)
Hurr moved, Butler seconded to approve ORONO GOLF COURSE BEER*
the 1982 On-Sale Beer license for the LICENSE
Orono Golf Course. Motion, Ayes (S) - Nays (0)
Hurr moved, Butler seconded to accept Chief OFFICER FRIENDLY REPORT*
Kilbo' s report on the Officer Friendly Program.
Motion, Ayes (5) - Nays (0)
Hurr moved, Butler seconded tp adopt Resolution RESOLUTION #1371
#1371 regarding the 1982 Weight restrictions . WEIGHT RESTRICTIONS
Motion, Ayes (5) - Nays (0)
Hurr moved, Butler seconded, to accept City HENNEPIN COUNTY CRIMINAL*
Administrator Benson ' s memo regarding the JUSTICE COORDINATING
Hennepin County Criminal Justice Coordinating COUNCIL-DATED 3/1/82
Council and the City terminating their member-
ship.
Hurr moved, Butler seconded to approve the REFUND-STUART BURNIECE*
refund of $170. 00 to Mr. Sturat Burniece
of 1220 Tonkawa . Motion, Ayes (5) - Nays (0)
Hurr moved, Butler seconded to accept the COMPREHENSIVE SEWER PLAN°
Comprehensive Sewer Plan Resolution letter MWCC RESOLUTION
from the MWCC. Motion , Ayes (5) - Nays (0)
Hurr moved, Butler seconded to accept City DUTCH ELM PROGRAM*
Administrator Benson ' s recommendation to WEED PROGRAM
terminate the Dutch Elm Program and Weed
Inspection program. The Dutch Elm Program
is no longer a mandate and the Weed Inspection
can be done by our own Street Department.
Motion , Ayes (5) - Nays (0)
Hurr moved, Butler seconded, to accept City LETTER DATED MAR. 2nd*
Administrator Benson ' s letter to Jon Elam TO JON ELAM REGARDING
City Manager of Mound, regarding the LMCD. LMCD
Motion, Ayes (5) - Nays (0)
_ , REGULAR MEETING OF THE ORONO COUNCIL MARCH 8 , 1982 PAGE -10-
Hurr moved, Butler seconded to accept City PROSECUTING ATTORNEY*
Administrator Benson ' s recommendation to
not make an exception to the current
personnel policy and to phase out the
current prosecuting attorney as per memo.
Motion, Ayes (5) - Nays (0)
Hurr moved, Butler seconded, to accept City AMENDMENT-PERSONNEL POLIC�
Administrator Benson ' s recommendation re- RESOLUTION #1339*
garding Resolution #1372 to Amend Resolution
�1339 Orono ' s Personnel Policy.
Motion, Ayes (5) - Nays (0)
*
Hurr moved, Butler seconded to accept City TRAFFIC COUNTS-McCULLEY RI
Administrator Benson ' s memo regarding the
traffic counts on McCulley Road. .r
Motion, Ayes (5) - Nays (0)
Hurr moved, Butler seconded to accept the PROCLAMATION-BUILDING
Proclamation regarding the Building Officials . OFFICIALS SAFETY MONTH*
Motion, Ayes (5) - Nays (0) �
Hurr moved, Butler seconded to approve the SALARY ADJUSTMENT*
salary adjustment of 6o for Lorraine McGowan LIQUOR STORE MANAGER
�iiec�ive January 1 , 1982 , which will ip�rease
her G�lary to $23 ,618. 75 per year.
Motion, Ayes (5) - Nays (0)
Hurr moved, Butler seconded to accept City LIQUOR STORE RENTAL*
Administrator Benson ' s memo regarding the AGREEMENT
Liquor Store Rental Agreement.
Motion Ayes (5) - Nays (0)
Hurr moved, Butler seconded to approve LMCD HALSTED' S BAY ACCESS�
City Administrator Benson ' s letter to
the LMCD regarding the Halsted ' s Bay Access .
Motion, Ayes (5) - Nays (0)
Hurr moved, Butler seconded, to approve City STORAGE SHEDS, FISH HOUSES*
Administrator Benson ' s memo regarding the MEMO DATED FEB. 24 , 1982
storage of sheds and fish houses on lakeshore
on County #51 on Crystal Bay.
Motion, Ayes (5) - Nays (0)
Hurr moved, Butler seconded, to approve A.H. MICHALS-RON MILLER*
City Administrator Benson ' s letter to GLENDALE DRIVE
A.H. Michals regarding the Glendale Dr.
Motion, Ayes (5) - Nays (0)
Hurr moved, Butler seconded to approve COUNTY ROAD #15 MEMO*
City Administrator Benson ' s memo to
Chief Kilbo regarding the policy of
County Road #15 . Motion , Ayes (5) - Nays (0)
REGULAR MEETING OF THE ORONO COUNCIL, MARCH 8 , 1982 PAGE -11-
Hurr moved, Butler seconded, to approve FINANCIAL CONDITIONS MEMO�
City Administrator Benson ' s memo regarding MARCH 1 , 1982
the financial conditions .
Motion, Ayes (5) - Nays (0)
Hurr moved, Butler seconded to approve ADRIAN HERBST CABLE TV
City Administrator Benson ' s letter to LETTER DATED MARCH 1 , 198�
Adrian Herbst regarding the Cable TV matter.
Motion , Ayes (5) - Nays (0)
Hurr moved, Butler seconded to approve City MTC LETTER DATED 3/3/82*
Administrator Benson ' s letter to the Orono
residents regarding the MTC schedule.
Motion , Ayes (5) - Nays (0)
Hurr moved, Butler seconded to approve City CHARLES J. HODGE LETTER*
Administrator Benson ' s letter to Charles DATED MARCH 2 , 1982
B. Hodge regarding the CDBG.
Motion , Ayes (5) - Nays (0)
Hurr moved, Butler seconded to approve � COMP-TIME MEMO*
City Administrator Benson' s memo concerning DATED MARCH 5 , 1982
Comp Time. Motion , Ayes (5) - Nays (0)
Hurr moved, Butler seconded, that the All BILLS*
Funds Accounts and the Liquor Store Accounts
be paid. Motion , Ayes (5) - Nays (0)
Van Nest moved, Adams seconded, that the ADJOURNMENT
regular meeting of the Orono Council be
adjourned at 10 : 00 P.M. . Motion, Ayes (5) Nays (0)
The Orono Council at approximately 10 :03 P.M. EXECUTIVE SESSION
went into executive session to discuss matters
of litigation .
City Attorney Bruce Malkerson discussed two
matters of possible litigation.
l . Lorgi matter
2 . Forest Arms Lake Access
Butler moved, Van Nest seconded to approve Bruce
Malkerson recommendation to 'draft an answer to the
complaints on behalf of the defendents on the
Lorgi matter. MOtion, Ayes (5) - Nays (U}
Executive session closed 11 : 15 P .M.
�\� \
William B. V Nest, Mayor
/�i�� - �
Mary S. Woytcke, De ty Clerk