HomeMy WebLinkAbout03-22-1982 Council Minutes CITY OF ORONO
,egular Meeting of the Orono Council , 7 : 00 P .M.
March 22 , 1982
The Orono Council met on the above date with
the following members present : Acting Mayor
Butler , Councilmembers Adams and Frahm. Absent:
Mayor Van Nest and Councilmember Hurr. Also
present: City Planner Olson, City Attorney
Malkerson, City Engineer Cook, and City Clerk
Strom. Absent : City Administrator Benson and
Zoning Administrator Mabusth.
Adams moved, Frahm seconded, that Consent Agenda* CONSENT AGENDA*
items 21 and 26 be removed for discussion purposes.
Motion, Ayes (3) - Nays (0 ) .
Adams moved, Frahm seconded, to approve the Consent
Agenda*, subject to removing items 21 and 26 , 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 ) .
Adams moved, Frahm seconded, to approve the Minutes MINUTES*
of the Regular Meeting of March 8 , 1982.. Motion,
Ayes (3 ) - Nays (0 ) .
No comments from the Park Commission PARK COMMISSION
No comments from the Lake Minnetonka Conservation LMCD REPORT
District representative.
No comments from the Planning Commission. PLANNING COMMISSION
Adams moved, Frahm seconded, to adopt Resolution RESOLUTION #1373*
#1373, A Resolution Approving The Plat Of Winters Wint�rs Plentywood
Plentywood, for Craig Winters. Motion, Ayes (3) -
Nays (0) .
Adams moved, Frahm seconded, to approve the name PLENTYWOOD ROAD*
of Plentywood Road for a private road serving the
Winters Plentywood subdivision. Motion, Ayes (3) -
Nays (0 ) .
Adams moved, Frahm seconded, to adopt Resolution RESOLUTION #1374*
#1374 , A Resolution Directing Staff To Issue A Minnetonka Boat Works
Commercial Dock License To Minnetonka Boat Works 1982 License
Subject To Conditions Noted Herein For The Period
Of January l , 1982 To December 31 , 1982 . Motion ,
Ayes (3 ) - Nays (0 ) .
• REGULAR MEETING OF THE ORONO COUNCIL, MARCH 22, 1982 Page 2
Adams moved, Frahm seconded, to adopt Resolution RESOLUTION #1375*
#1375, A Resolution Directing Staff To Issue A Crystal Bay Service
Commercial Dock License To Crystal Bay Service 1982 License
Subject To Conditions Noted Herein For The Period
Of January 1, 1982 To December 31 , 1982. Motion,
Ayes (3) - Nays (0 ) .
Adams moved, Frahm seconded, to adopt Resolution RESOLUTION #1376*
#1376 , A Resolution Directing Staff To Issue A Wayzata Yacht Club
Joint Use Dock License To Wayzata Yacht Club 1982 License
Subject To Conditions Noted Herein For The Period
Of January l, 1982 To December 31, 1982. Motion,
Ayes (3) - Nays (0) .
Alan Olson, City Planner, informed the City CONDITIONAL USE PERMIT
Council that Vicki Wisegarver and Tom Brokl 3800 Wayzata Boulevard
had received a copy of the proposed resolution #666
last week for their review concerning their Vicki Wisegarver
conditional use permit for 3800 Wayzata Boulevard.
Vicki Wisegarver and her attorney Mark Cherniack,
and Mr. & Mrs . Tom Brokl were present.
Mr . Cherniack stated that Vicki Wisegarver and
Mr. & Mrs. Brokl approved the resolution except
for one sentence on page 13 , paragraph 15, which
states : "Applicants further agree to waive any
rights to object to such other conditions and agree
to abide by them. " Mr. Cherniack stated that he
objects to that sentence because it denies the right
of the applicant to a hearing on any future condition
that may be imposed.
City Attorney Malkerson stated that there has been
a history of problems for many years for that
property because of a commercial use in a residential
zone and the City of Orono does not want to expose
itself to more problems in the future. Controls are
needed for that property.
The City Council requested Mr. Malkerson and Mr. Cherniack
to work together on rephrasing that particular sentence
and present it to the Council later in the evening.
After the attorneys consultation, they presented the
City Council with the following revised sentence :
"Applicants further agree to waive any rights to object
to such other conditions if after a complete and full
hearing the City Council determines that such condition
is necessary to protect the public health, safety, and
welfare . "
(Continued)
-
, REGULAR MEETING OF THE ORONO COUNCIL, MARCH 22 , 1982 Page 3
Frahm moved, Butler seconded, to adopt Resolution RESOLUTION #1377
#1377 , A Resolution Approving A Conditional 3800 Wayzata Boulevard
Use Permit For Vicki Wisegarver And Tom Brokl (Continued)
Authorizing Continued Non-Conforming Use Of
Residential Property At 3800 Wayzata Boulevard For
Commercial Purposes As Limited Herein, as amended to
include : "Applicants further agree to waive any
rights to object to such other conditions if after
a complete and full hearing the City Council determines
that such condition is necessary to protect the public
health, safety, and welfare" , and that a door be added
between the commercial and residential sections.
Motion, Ayes (3) - Nays (0 ) .
Alan Olson, City Planner, reviewed with the City SUNTANNING STUDIOS
Council his memo concerning suntanning studios
and equipment dated March 15, 1982 .
Mr . & Mrs. John Theobald and Jul Ann Felt, of
Jul Ann Hair Fashions of Navarre, were present. �
Mr. Theobald presented the City Council with
brochures of suntanning equipment and explained
that he has applied for three booths for � suntanning
business in the Navarre area.
Acting Mayor Butler stated that the City of Orono
code does not cover this particular use; however, it
should be included in the code so as not to allow
other types of uses that might be undesirable , and
to be aware of the health, safety, and welfare of
citizens that use the services. Acting Mayor Butler
stated that she felt a beauty shop should be allowed
to provide suntanning services to its customers but
that more controls would be necessary for a studio that
provides suntanning only.
Butler moved, Adams seconded, to direct staff to draft
an amendment to the zoning code to require a conditional
use permit for a separate suntanning business but allow
such equipment as a permitted part of another business
such as a beauty shop. Motion, Ayes (3) - Nays (0 ) .
Glenn Cook, City Engineer, informed the City Council I/I REPORT
that the Inflow/Infiltration Analysis, 1981 Report
has now been corrected with the proper figures so as
to correspond with the Comprehensive Plan.
Glenn Cook , City Engineer, explained to the City SEWER & WATER RATES
Council the reason for increased rates for the
sewer and water services.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, MARCH 22 , 1982 Page 4
Butler moved, Adams seconded, to approve the UTILITY RATE INCREASES
sewer and water rate increases as presented in
the memo dated March 15, 1982. Motion, Ayes (3) -
Nays (0 ) .
Frahm moved, Adams seconded, to adopt Resolution RESOLUTION #1378
#1378 , A Fourth Amendment To The 1980 Fee Schedule , Sewer & Water Rates
which includes sewer and water rates plus 1982 Golf Fees
golf fees. Motion, Ayes (3) - Nays (0 ) .
The minutes of the Lake Minnetonka Area Mayor ' s LAKE MINNETONKA MAYOR' S
meeting of March 4 , 1982 were received by the Minutes - March 4 , 1982
City Council .
Acting Mayor Butler announced that the next LAKE MINNETONKA MAYOR' S
Lake Minnetonka Area Mayor ' s meeting will be Meeting - May 6 , 1982
held May 6 , 1982 at Spring Park City Hall.
Acting Mayor Butler announced that the next PAINTER' S CREEK MEETING
Painter ' s Creek meeting will be held on May 6 , May 6 , 1982
1982 at 7 : 30 P.M. at the Orono Council Chambers.
Acting Mayor Butler announced that a meeting KATRINA MARSH MEETING
had been held concerning the Katrina Marsh March 11 , 1982
on March 11, 1982 .
Butler moved, Frahm seconded, to approve the GRAY ' S BAY DAM LETTER
letter from Mayor Van Nest to David Cochran, March 12 , 1982
Minnehaha Creek Watershed District, concerning
the Gray ' s Bay Outlet Control Structure, dated
March 12 , 1982. Motion, Ayes (3) - Nays (0) .
Acting Mayor Butler and Councilmember Frahm MINNEHAHA CREEK WATERSHED
reported on the Minnehaha Creek Watershed DISTRICT MEETING
District meeting concerning the Gray ' s Bay March 18 , 1982
Dam held on March 18 , 1982 . Councilmember
Frahm stated that the feeling is that the Water-
shed District will approve their plans concerning
the levels of Lake Minnetonka and Minnehaha Creek.
The Minnehaha Creek Watershed District 1982 MINNEHAHA CREEK WATERSHED
budget was presented to the City Council. DISTRICT BUDGET
Acting Mayor Butler discussed Dick Benson ' s TOWN MEETING - MAY
letter to George Grooms, 3065 North Shore Drive,
concerning a town meeting to be held sometime
in May, 1982, to discuss the increase in real
estate taxes.
REGULAR MEETING OF THE ORONO COUNCIL, MARCH 22 , 1982 Page 5
Acting Mayor Butler announced that the next Lake CABLE TV MEETING
Minnetonka Shores Cable TV meeting will be held April 8 , 1982
April 8 , 1982 at Tonka Bay City Hall, and stated
that she will not be able to attend that meeting
but that Councilmember Adams will be Orono ' s
respresentative at the meeting.
Adams moved, Frahm seconded, to approve the memo 1981 REVENUES*
from Tom Kuehn, Finance Director, dated March 3 ,
1982 , regarding the 1981 State Aid received in
1982. Motion, Ayes (3) - Nays (0 ) .
Bruce Malkerson, City Attorney, reviewed for the 73-1 EASEMENT
City Council the history of the 73-1 sewer project Richard M. Franzel
easement for the Richard M. Franzel property,
800 North Arm Drive.
Acting Mayor Butler moved, Frahm seconded, to
approve the 6� interest in the amount of $5 , 539 :94
for a grand total of $16 , 539 . 94 , and to approve the
use of a title insurance policy to finalize the
73-1 sewer project easement for Richard M. Franzel ,
800 North Arm Drive. Motion, Ayes (3) - Nays (0) .
Adams moved, Frahm seconded, to approve the 1982 GOLF COURSE FEES*
rate adjustments for the Orono Golfcourse , per
the memo of March 15, 1982 , and to include the
fees in the fee schedule resolution. Motion,
Ayes (3) - Nays (0 ) .
Adams moved, Frahm seconded, to approve the PUBLIC HEARING DATE*
date of June 14 , 1982 for the rescheduling of Paul Smith
the public hearing for the sewer project for 2477 Dunwoody Avenue
Paul Smith, 2477 Dunwoody Road. Motion,
Ayes (3) - Nays (0 ) .
Adams moved, Frahm seconded, to approve Peter POLICE INTERN*
Palmer for the intern program for the Police Peter Palmer
Department from June 15, 1982 to September 10 ,
1982 , subject to no renumeration from the City
of Orono. Motion, Ayes (3) - Nays (0 ) .
Adams moved, Frahm seconded, to approve the SALARY ADJUSTMENT*
salary adjustment for Tom Jacobs, Building Building Inspector
Inspector, to $18 , 191. 80 per year effective
March 1, 1982 . Motion, Ayes (3) - Nays (0 ) .
REGULAR MEETING OF THE ORONO COUNCIL, MARCH 22 , 1982 Page 6
Acting Mayor Butler informed the City Council PURCHASE CITY PROPERTY
that Kendall Ellis requested a change from 20 Kendall Ellis
days to 40 days after the date hereof for
examination of the abstract which he will obtain
at his own expense for the purchase of City
property.
Butler moved, Frahm seconded, to approve the
change from 20 days to 40 days after the date
hereof for examination of the abstract which
Mr . Ellis will obtain at his own expense .
Motion, Ayes (3 ) - Nays (0) .
Adams moved, Frahm seconded, to appoint Council- WESTONKA SENIOR CITIZENS
member Frahm to attend the Westonka Senior MEETING*
Citizens, Inc. meeting to be held on March 29 ,
1982 at 7 :00 P.M. at the Senior Citizens Center
in Mound. Motion, Ayes (3) - Nays (0 ) .
Adams moved, Frahm seconded, to approve the LIQUOR STORE REPORT*
Fourth Quarter Liquor Store Report for 1981 Fourth Quarter - 1981
prepared by Tom Kuehn, Finance Director, dated
March 15 , 1982 , and to authorize publication of
said report. Motion, Ayes (3) - Nays (0) .
Adams moved, Frahm seconded, to approve the 1981 POLICE DEPARTMENT*
1981 Police Department Operations report Financial Report
prepared by Tom Kuehn, Finance Director,
dated March 9, 1982 . Motion, Ayes (3 ) -
Nays (0 ) .
Adams moved, Frahm seconded, to approve the REFUND*
refund of $2 , 466 to Long Lake for police services Long Lake
per City Administrator Benson ' s letter of March 11,
1981 . Motion , Ayes (3) - Nays (0 ) .
Adams moved, Frahm seconded, to approve the REFUNDS*
following refunds for the Bike Safety Program Bike Safety Program
for 1981, per City Administrator Benson ' s
letter of March 10 , 1982 :
Long Lake - $350
Minnetonka Beach - $100
Spring Park - $250
Motion, Ayes (3) - Nays (0 ) .
.
REGULAR MEETING OF THE ORONO COUNCIL, MARCH 22 , 1982 Page 7
Adams moved, Frahm seconded, to approve a refund REFUND*
in the amount of $33 . 19 to Steve Hanlin for over- Steve Hanlin
withholding on Social Security during sick leave.
Motion, Ayes (3) - Nays (0) .
Adams moved, Frahm seconded, to approve a refund REFUND*
in the amount of $300 to Craig Winters per City Craig Winters
Administrator Benson ' s letter of March 15, 1982 .
Motion, Ayes (3) - Nays (0) .
Adams moved, Frahm seconded, to approve waiving WAIVE FEE*
the fee of $20 . 50 for a sign permit for the Orono Orono School District
School District per City Administrator Benson ' s
letter of March 16 , 1982 . Motion, Ayes (3) - Nays (0) .
Alan Olson, City Planner, reviewed with the City DOG & KENNEL � LICENSES
Council the proposed ordinance to clarify the Proposed Ordinance
kennel licensing for dogs. After a short
discussion, the City Council acted upon the
proposed ordinance . .
Adams moved, Butler seconded, to adopt Ordinance ORDINANCE NO. 239
No. 239 , An Ordinance Amending Chapter 63 Of The Dog & Kennel Licensin�
Municipal Code of Orono Relating To Dog Kennel
Licensing, as amended to read: "600 square feet
or more per dog. . . . " , under the Kennel Structure
paragraph. Motion, Ayes (3 ) - Nays (0) .
Frahm moved, Butler seconded, to table the PROPOSED ORDINANCE
proposed ordinance to reduce the Mayor ' s term Mayor ' s Term
of office to two years until the meeting of
April 12 , 1982 . Motion, Ayes (3 ) - Nays (0) .
Adams moved, Frahm seconded, to approve the JON ELAM RESPONSE*
response from Jon Elam, Mound City Manager , LMCD
regarding the Lake Minnetonka Conservation
District functions. Motion, Ayes (3) - Nays (0 ) .
Adams moved, Frahm seconded, to approve City RICHARD M. KEAVENY*
Administrator Benson ' s letter to Mr. Richard Liquor Store Rent
M. Keaveny concerning the Liquor Store rent,
dated March 9, 1982 . Motion, Ayes (3) - Nays (0) .
Adams moved, Frahm seconded, to approve City LEE TOMLINSON*
Administrator Benson ' s letter to Mr. Lee Community Summer
Tomlinson concerning the Orono Community Program
Education Summer Program dated March 10 , 1982 .
Motion, Ayes (3) - Nays (0 ) .
Adams moved, Frahm seconded, to approve City POLICE DEPARTMENT*
Administrator Benson ' s memo concerning the CONTRACTUAL AGREEMENT
Police Department contractual service agreement
dated March 15 , 1982 . Motion, Ayes (3 ) - Nays (0 ) .
� , _
REGULAR MEETING OF THE ORONO COUNCIL, MARCH 22 , 1982 Page 8
Adams moved, Frahm seconded, to approve City PURCHASE AGREEMENT*
Administrator Benson ' s memo concerning the Kendall (Mike) Ellis
purchase agreement for Kendall (Mike) Ellis
dated March 15, 1982 . Motion, Ayes (3) -
Nays (0) .
Adams moved, Frahm seconded, to approve City BIKE SAFETY PROGRAM*
Administrator Benson ' s letters to Spring Park, Spring Park, Minnetonka
Minnetonka Beach, and Long Lake concerning a Beach, Long Lake
refund for the Bike Safety Program dated
March 10 , 1982 . Motion, Ayes (3) - Nays (0) .
Adams moved, Frahm seconded, to approve City POLICE SERVICES CREDIT*
Administrator Benson ' s letter to Long Lake Long Lake
concerning a credit for police services dated
March 11 , 1982 . Motion, Ayes (3) - Nays (0 ) .
Adams moved, Frahm seconded, to approve City WILLIAM SIME, JR. *
Administrator Benson ' s letter to William • Taxes
Sime , Jr. regarding taxes dated March 15, 1982.
Motion, Ayes (3 ) - Nays (0) .
Adams moved, Frahm seconded, to approve City DESYL PETERSON*
Administrator Benson ' s letter to Desyl Peterson
dated March 15, 1982 . Motion, Ayes (3) - Nays (0 ) .
Adams moved, Frahm seconded, to approve City VIOLATION PROCEDURES*
Administrator Benson ' s memo concerning violation
procedures dated March 15, 1982 . Motion,
Ayes (3 ) - Nays (0 ) .
Adams moved, Frahm seconded, to approve City CRAIG WINTERS*
Administrator Benson ' s letter to Mr. & Mrs. Craig Subdivision
Winters concerning their subdivision dated
March 15 , 1982 . Motion, Ayes (3) - Nays (0 ) .
Adams moved, Frahm seconded, to approve City TONI BERGLAND*
Administrator Benson ' s letter to Ms. Toni School Sign Fee
Bergland, Orono School District, concerning
the school sign fee dated March 16 , 1982 .
Motion, Ayes (3 ) - Nays (0 ) .
Adams moved, Frahm seconded, to approve City PAUL POND*
Administrator Berison ' s letter to Mr . Paul Navarre Cleanup
Pond conc�rning the Navarre business district
cleanup on April 24 , 1982 dated March 16 , 1982 .
Motion, Ayes (3) - Nays (0 ) .
. ..-
REGULAR MEETING OF THE ORONO COUNCIL, MARCH 22 , 1982 Page 9
Adams moved, Frahm seconded, to approve Ci�y CRAIG WINTERS*
Administrator Benson ' s memo concerning Craig Subdivision
Winters subdivision dated March 16 , 1982.
Motion, Ayes (3 ) - Nays (0) .
Adams moved, Frahm seconded, to approve City GEORGE GROOMS*
Administrator Benson ' s letter to Mr. George Town Meeting - May
Grooms concerning a town meeting for May,
dated March 17, 1982 . Motion, Ayes (3 ) - Nays (0) .
Adams moved, Frahm seconded, that the following LICENSES*
licenses be approved:
Gerry ' s Plumbing - Plumber
Victory Plumbing Company - Plumber
Motion, Ayes (3 ) - Nays (0 ) .
Adams moved, Frahm seconded, that the Al1 Funds BILLS*
Accounts and the Liquor Store Accounts, be paid.
Motion, Ayes (3) - Nays (0) .
Butler moved, Adams seconded, that the meeting ADJOURNMENT
be adjourned at 9 : 07 P.M. Motion, Ayes (3) -
Nays (0 ) .
��" '� �
Mary C. Bt� er, Acting Mayo
/�' � �,� -�.
At t e s t : C�--��c_-C���,r� ��%� f-C�.�*h J
Alberta M. Strom, City Clerk