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HomeMy WebLinkAbout04-12-1982 Council Minutes CITY OF ORONO Regular Meeting of the Orono Council , 7 :00 P.M. April 12 , 1982 . The Orono Council met on the above date with the following members present: Mayor Van Nest, Councilmembers Adams , Frahm, and Hurr. Absent : Councilmember Butler . Also present : City Planner Olson , City Attorney Malkerson , City Engineer Cook, Public Works Coordinator Gerhardson, City Building Official Jacobs , and City Deputy Clerk Woytcke. Absent: City Administrator Benson, Hurr moved, Frahm seconded, that Consent Agenda* CONSENT AGENDA* item 26 be removed for discussion purposes . Motion, Ayes (4 ) - Nays (0) . Hurr moved, Frahm seconded, to approve the Consent Agenda* , subject to removing item 26 , with all staff reports concerning items reviewed at this meeti�g to be attached to the original copy of these minutes on file in the City Clerk' s Office . Motion, Ayes (4) - Nays (0) . Orono Building Official Tom Jacobs , was present BUILDING SAFETY WEEK and showed a film pertaining to the building APRIL 12-16 , 1982 codes and proper use of building codes . The week of April 12-16 , 1982 has been proclaimed by Governor Quie as Building Safety Week through out the state. Hurr moved, Frahm seconded, to approve the Minutes MINUTES* of the Regular Meeting of March 22 , 1982 . Motion, Ayes (4) - Nays (0) . No comments from the Park Commission. PARK COMMISSION Hurr moved, Frahm seconded to approve the LMCD REPORT Lake Minnetonka Conservation District Financial Statement. Motion, Ayes (4) - Nays (0) No comments from the Planning Commission . PLANNING COMMISSION No comments from the Public . PUBLIC COMMENTS City Planner Alan Olson reviewed with the #657 MICHAEL PLUHM council the Michael Pluhm subdivision for 2710 WALTERS PORT LANE 2710 Walters Port Lane. In November 1981 , council approved a hardcover variance for Mr. Pluhm allowing an increase of 543 sf of hardcover within the 75 ' - 250 ' set- back area to allo;a construction of a -bedroom and sunroom addition. � REGULAR MEETING O� THE ORONO COUNCIL, APRIL 12 , 1982 Page- 2 One of the conditions of that approval involved CON'T. #657 PLUHM the pending joint subdivision application of Mr. Pluhm and his neighbor, Mr. Mernik, in which the Pluhm lot would acquire an additional 3 acres in area. The applicant was advised that in approving the subdivision an open space easement must be filed against the property limiting the amount of future hardcover within 250 ' - 1000 ' setback area. The open space easement was to limit Pluhm to a single tennis court and upqraded private driveway. Mr. Pluhm thought this to be to restrictive and suggested changes . Van Nest moved, Hurr seconded to amend preliminary plat approval to this subdivision based on the con- veyance of a conservation easement of the wetlands and on an open space easement to the city which will contain the following requirements : 1 . That the 0 - 75 ' ft. setback area shall contain no more additional hardcover than exists today, which will be identified. 2. That the total lot shall not contain more than 33 , 000 sq. ft. of hardcover to be made up of the following structures: a. Primary residence b. Improved Driveway c. Tennis court d. Tennis court assessory building e. Guest house , which shall be located on the northerly 220 ' of the property. It shall further contain language to indicate that the lot will never be subdivided in the future and that prior to the construction of any guest house the owner will have to apply for a conditional use permit under the existing city ordinances , and meet all building code and permit requirements for any of the above construction. Motion, Ayes (4) - Nays (0) City Building Official Tom Jacobs , reviewed with #676 RODNEY BURWELL the council the Conditional Use Permit for Mr. 1100 MILLSTON ROAD Rodney Burwell, 1100 Milston Road, for a care- takers apartment above the garage. Hurr moved, Van Nest seconded, to approve the conditional use permit of Mr. Rodney Burwell . Motion, Ayes (4) - Nays (0) REGULAR MEETING OF THE ORONO COUNCIL, APRIL 12 , 1982 Page -3- City Planner Alan Olson reviewed with the #615 JUDD RINGER council the memo regarding the Ringer plat 2280 WAYZATA BOULEVARD and the street names. The names that were tentative were not acceptable. Mayor Van Nest suggested that staff ineet with Mr. Ringer and explain that the names have to be understandable, easy to spell for the purpose of dispatching emergency equipment to a particular address . Staff agreed to meet with Mr. Ringer and bring the plat and street names back to the next regular meeting for approval. City Planner Alan Olson reviewed with the CDBG YEAR VIII council the CDBG �rocedures to use the available funds. The council at this time felt they did not have enough information on any of these , matters to make a decision. It was agreed staff should do more research and bring back to the next council meeting any more infor- mation of the different projects. Council did express the wish to pursue the idea of establishing a Housing & Redevelopment Authority initially to work in the Crystal Bay neighborhood and Public Works project, but which could later be helpful in other areas of the city. The council also stated that they were not in favor of letting any of the land the City now owns be sold for building of houses. They felt all the land the City owns in Crystal Bay will eventually be used for a City Center. Councilmember Frahm did state he would remain on the committee that is researching the possibility of a senior citizen building in the Mound or Spring Park area. He felt the City would have to make a commitment by the middle of June. The council decided to take no action on the SUNTANNING STUDIOS proposed ordinance as they felt the tanning PROPOSED ORDINANCE studio did not belong in a B-4 Zoning. There was no objection if it was to be in B-1 or B-5 . REGULAR MEETING OF THE ORONO COUNCIL, APRIL 12 , 1982 Page -4- Mr. Doug Klint an attorney was present ABATE HAZARDOUS BUILDING stating he represented Paul Scherber & 1950 SHORELINE DRIVE Tom Scherber, owners of 1950 Shoreline RESOLUTION #1379 Drive. Alan Olson City Planner briefly reviewed his memo and hazardous buildinq report. He reviewed the history of the septic problems on this property and the lack of corrections for several years. He asked the council for formal action on the proposed resolution. Mr. Klint stated that as Alan stated, this matter has gone quite some time. In 1979 when the first order was issued a notice was sent out on the property. He stated he didn ' t think anything was done at that time. In 1980 another notice was sent out, after several months, the owners of the property at that time, had a meeting • with A1 Olson and Mr. Gaffron , and at that time they reached some temporary measure which consisted of replacing the covers on the tanks and also making an agreement that the tanks on the property would be pumped as often as needed and it was estimated to be about every 6 weeks . Mr. Klint stated that when his clients bought the property they had no knowledge that any notices were sent out and what the problem was with the property. Mayor Van Nest then asked when his clients bought the property. Mr. Klint stated it was January of 1981 when they took possession. Mr. Klint stated that the best way to handle the problem was city sewer, but sewer is not in in that area . It was proposed to Mr. Klints clients by the person that did the septic site evaluation , to remove a cabin. He stated his clients were reluctant to do this as it would bring down the value of the property tremendously. Mayor Van Nest then asked what did his clients propose to do. He stated they would put in a drainfield and a holding tank to accommodate the one cabin instead of removing it. Alan Olson explained the problem with a holding tank. Council at this time asked City Attorney Bruce Malkerson if the city had stated their position well enough. Malkerson stated he felt they had and suggested the Health Officer, and PCA officials be brought out to the property and have this for the record if this matter should go to court. REGULAR MEETING OF THE ORONO COUNCIL, APRIL 12 , 1982 Page-5- Adams moved, Frahm seconded to pass the ABATE HAZARDOUS BLDG. CONT Resolution #1379 Abate Hazardous Unsanitary RESOLUTION #1379 Conditions 1950 Shoreline Drive. It was 1950 SHORELINE DRIVE felt the resolution should be passed to make a step foward and this would not prevent the owners from coming forward with their plan and presenting it, and if they can could come up with a plan that is acceptable to the City, PCA, and the State. Motion, Ayes (4) - Nays (0) Chief Mel Kilbo was present to advise the council OFFICER CHUCK COURTNEY since Officer Courtney' s death, a tally was made of PAYMENT TO HEIRS vacation hours and sick leave , and hours he worked before his death. �pproval from the council was needed before he could make payment to the h�irs . Van Nest moved, Hurr seconded to allow Police Chief Kilbo to pay Mrs. Ellen Courtney, widow � of Chuck Courtney, a payment of $3000 . 00 and put $1 ,854 . 00 into the Estate as required in our statutes. Motion , Ayes (4) - Nays (0) City Engineer Glenn Cook reviewed the I/I I/I REPORT OF 12/30/81 Report with the council . He stated that all of the changes that had been requested were made, the numbers are now consistent with the Comp Plan. He also stated that it is quite important that the City now push M4��CC to get the lift stations upgraded . Van Nest moved, Frahm seconded, to adopt and transmit the I/I Report to the MWCC. Motion, Ayes (4) - Nays (0) Mayor Van Nest reviewed with the council GRAY' S BAY OUTLET the letter from LMCD regarding the Gray ' s Bay Dam Management Plan Modification. Van Nest suggested the City write a letter to the Watershed District and point out one or two areas that the City does not concur, and to complain about the discharge flow rates in the area of 929 .6 and 930 . 0 . It was decided that Mayor Van Nest would draft a letter to the Watershed District and try to get them to postpone making any decision, and to express our concerns and bring information back to the council before the next meeting. REGULAR MEETING OF THE ORONO COUNCIL, APRIL 12 , 1982 Page -6- The letter from Minnesota Pollution Control MPCA LETTER Agency to Mr. John Tomaselli of the MWCC MARCH 24 , 1982 dated March 24 , 1982 was received and reviewed by the council . Mayor Van Nest reported he had received MTKA. YACHT CLUB a call from the Minnetonka Yacht Club 100 YEAR ANNIVERSARY telling about the 100 year anniversary celebration that will be held this summer. He stated they will be having a banquet at the Minnetonka Art Center and wanted to see if a one night liquor license would be allowed . The Mayor asked City Attorney Bruce Malkerson to research this matter with the Police Chief and get back to him. As it stands now the Art Center would have to be rezoned and they would lose their tax exempt status if they should apply for a liquor license . Mayor Van Nest would speak to the Yacht Club and explain that a one night liquor license is not permitted by State Law. The minutes of the South Shore Cable Advisory SOUTH SHORE CABLE TV committee was received by the council . ADVISORY COMMITTEE MINUTES MARCH 4 , 1982 The Cable TV survey results were reviewed by the council . It was reported by Councilmer,iber Adams that CABLE T.V. REPORT he attended the last cable meeting and it was suggested that Mary Butler be on the sub-committee to research the voting of the cable T.V. committee. Hurr moved, Frahm seconded to approve the MCWD 1981 ANNUAL REPORT* 1981 Annual Report of the Minnehaha Creek Watershed District. Motion, Ayes (4) - (0) Hurr moved, Frahm seconded to approve the EMPLOYMENT-ORONO GOLF* hiring of Susan Smykalski, George Roycraft, and Stephenie Sligo at the Orono Golf Course effective April 13 , 1982 at the rate of $3 . 50 per hour. Motion, Ayes (4) - Nays (0) Hurr moved, Frahm seconded , to grant Officer SALARY AD.7USTMENT* Steve Pearson his six month step increase effective April 5 , 1982 , To make his salary $1456 . 67 per month. Motion Ayes (4) - (0) Hurr moved, Frahm seconded, to adopt RESOLUTION #1380 * Resolution #1380 Authorizing safe and SPEED LIMITS PARK LANE reasonable speeds on Park Lane and Elm Steet. AND ELM STREET Motion , Ayes (4) - Nays (0) REGULAR MEETING OF THE ORONO COUNCIL, APRIL 12 , 1982 Page -7- City Planner Alan Olson reviewed for HUSSMAN PROJECT council information regarding the SCHLEE BUILDERS Hussman project. The discussion included the following: l . Type of housing 2 . number of units & use of land area outlot A 3 . sewer capacity situation and alternative routing to alleviate problems. 4 . street layout and improvements 5 . possibility of off-site improvements 6 . sewer charges 7 . Blaine & Northern street changes 8 . Northern Ave. sewer 9 . mentioned different means of financing regarding improvements ranging from totally installed by developer at developers cost as in all previous subdivisions in Orono, to the possibility of the City installing all improvements as a City project, and in turn assessing the benefitted properties included in this development. No action was taken regarding this matter . The council was also told about the meetings that were to be held. One informal public meeting was to be held Wednesday, April 14 , 1982 , this meeting the council was invited to attend if they wanted to. The next meeting to be held would be a public hearing and that was to be April 19 , 1982 . Mayor Van Pdest suqqested to not set a date TOWN NEETING for the town meetinq until he could talk to City Administrator Benson. He felt it would probably be set for the last part of May or first of June. Van Nest moved, Frahm seconded to adopt Ordinance ORDINANCE #240 #240 changing the Mayors term from 4 years to 2 MAYORS TERM yea�s , effective this 1982 election. Motion, Ayes (4) - Nays (0) Hurr moved, Frahm seconded to accept the PAINTER' S CREEK MINUTES minutes from the Painter' s Creek meeting MARCH 11 , 1982 that was held March 11 , 1982 . Motion, Ayes (4) - Nays (0) Mayor Van Nest reminded the council of the PAINTER' S CREEK MEETING Painter' s Creek meeting that will be held MAY 6 , 1982 in the Orono Council Hall on May 6 , 1982 . Hurr moved, Frahm seconded to accept MWCC RESPONSE-MAPLE Mr. George Lusher' s letter regarding PLAIN TREATMENT PLANT the Maple Plain Treatment Plant , dated APRIL 1 , 1982 April 1 , 1982 , Motion, Ayes (4 ) - Nays (0) REGULAR MEETING OF THE ORONO COUNCIL, APRIL 12 , 1982 Page -8- Hurr moved, Frahm seconded, to hire part- PART-TIME EMPLO`;'MENT* • � time help at the Liquor Store. Rick Porter ORONO LIQUOR S`:['ORE at a starting rate of $3 . 65 per hour and Tim Oqlund at a rate of $3 .85 per hour as he has had past experience. Motion , Ayes- (4 ) - Nays (0) Hurr moved, Frahm seconded, to accept the MTC LETTER-BUS SHELTER* letter fro MTC dated April 5 , 1982 regarding suspension of passenger waiting shelter deve- lopment activities due to the cutting of funds . Mation , Ayes (4) - Nays (0) Hurr moved, Frahm seconded, to accept Deputy REFUND - CDBG* Treasurer' s memo regarding the refund from CDBG in the amount of $2 ,541 . 84 pertaining to the Leffler property at 3554 Lyric Ave . Motion, Ayes (4) - Nays (0) Hurr moved, Frahm seconded, to accept Hennepin HENNEPIN COUNTY LETTER* County ' s letter regarding funding problems and DATED MARCH 16 , 1982 that they will not be overlaying bridge decks with minor deteriorations, such as Hendrickson bridge . Motion, Ayes (4 ) - Nays (0) � City Attorney Bruce Malkerson reviewed with MEDINA/MORNINGSIDE the council the letter dated March 17 , 1982 , regarding the Medina Morningside Sewer Project pertaining allocation of annual costs of rail- road permits . No action was taken on this at this meeting. The council decided to wait until the Mayor of Long Lake notifies the City of Orono. The permit costs are estimated at $750 . 00 per year. Attorney Malkerson reviewed the letters fram IDEAL ENTERPRISES Ideal Enterprises regarding being in default on the Highwood Sewer Project. The council instructed Malkerson to proceed with our claim. The project should be finished this spring. Attorney Malkerson also reviewed and updated the FOREST ARMS ACCESS council on the Forest Arms Access. Hurr moved, Frahm seconded, to approve the LICENSES* following licenses : Loren Brown Plumbing - Plumber Dan G. Johnson Plumbing - Plumber Steve Schmit Plumbing - Plumber Standard Plumbing & Appliance - Plumber John & Ginqer Traul. - Residential Kennel License James G. Fullerton III - Residential Kennel License Maxwell E. Alvord - Residential Kennel License George W. Ronald - Residential Kennel License Robert S . Waag - Residential Kennel License REGULAR MEETING OF THE ORONO COUNCIL, APRIL 12 , 1982 Page -9- � • . ' Hurr moved, Frahm seconded, that the All Funds BILLS* Accounts and the Liquor Store Accounts , be paid. Motion , Ayes (4) - Nays (0) Adams moved, Frahm seconded that the meeting be ADJOURNMENT adjourned at 11 : 45 P.M. Motion Ayes (4 ) - Nays (0) / Y` i . Willaim B. Van Nest Mayor ATTEST: Mary S. Woytck , Deputy Cit Clerk i i