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Home My WebLink About07-26-1982 Council Minutes CITY OF ORONO 7:00 P. M. Regular Meeting of the Orono Council , July 26, 1982 The Orono Council met on the above date with the following members present: Mayor Van Nest, Councilmembers Adams , Butler , Frahm, and Hurr . Also present : City Attorney Malkerson, City Engineer Cook, Zoning Administrator Mabusth, City Planner Olson, Public Works Coordinator Gerhardson, Planning Commission Member Rovegno, and City Clerk Strom. Absent: City Adminis- trator Benson. WEST HENNEPIN PIONEER'S MUSEUM Mr . Avery Stubbs and James Dillman were present to inform the City Council of the history of the City of Orono Council Chambers. They presented the City Council with pictures and a brochure of the former Council Chambers that were compiled by the West Hennepin Pioneer ' s Museum in Long Lake. Mayor Van Nest moved , Hurr seconded , to approve a donation of $500 to the West Hennepin Pioneer' s Museum and that this organization be added to the list of annual donations to be budgeted yearly. Motion, Ayes (5) - Nays (0) . CONSENT AGENDA* Butler moved , Hurr seconded , that items #4 and #17 be removed from the Consent Agenda* . Motion, Ayes (5) - Nays (0) . Butler moved , Hurr seconded , to approve the Consent Agenda* , subject to removing items #4 and �17 , 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 (5) - Nays (0) . MINUTES* Butler moved , Hurr seconded , to approve the minutes of the Regular Meeting of July 12, 1982. Motion, Ayes (5) - Nays (0) . PARR COMMISSION COMMENTS Councilmember Hurr asked Public Works Coordi- nator Gerhardson to research the following : remove the grass from the infield and replace with sand at the Bederwood Ball Diamond; that the dip in the left out-field be filled-in; and that the out- field shouldbe heavilyfertilizedand sodded this fall so as to be ready by the spring baseball playing season. REGULAR MEETING OF THE ORONO COUNCIL, JULY 26 , 1982 Page 2 LMCD REPORT Councilmember Hurr invited the City Council to the Lake Minnetonka Conservation District ' s annual boat trip on August 7 , 1982 at 11 : 30 A. M. Mayor Van Nest informed the City Council that the Lake Minnetonka Task Force will have a meeting at the Minnetonka City Hall on July 28, 1982 at 7: 00 P.M. Mr . Robert L. Searles is chairman of the Task Force. PLANNING COMMISSION COMMENTS No comments from the Planning Commission. PUBLIC COMMENTS No comments from the public present. RESOLUTION #1393 Carman Bay Heights 271H �+lalter's Port La. Butler moved , Mayor Van Nest seconded , to adopt Resolution #1393, A Resolution Approving The Plat Of Carman Bay Heights, for Michael Pluhm and William Mernik , 2710 Walter ' s Port Lane. Motion, Ayes (5) - Nays (0) . CHURCA OF RELIGIOUS SCIENCE Councilmember Hurr informed the City Council that she has been in contact with the Health Department concerning the disease identified as histo- plasmosis at the Church of Religious Science on Leaf Street and stated that until the source of the disease is located , it was felt that persons should be kept off of the property. After the source is located , the Health Department will spray with formaldehyde hoping to eradicate the disease. Hurr moved , Adams seconded , to approve posting signs at the Church of Religious Science warning citizens of the danger of histoplasmosis being present on the property. Motion, Ayes (5) - Nays (g) - RESOLUTION #1394 Gregory/Duff 1410 � 1420 Shoreline Butler moved , Adams seconded , to adopt Resolution #1394, A Resolution Denying Setback Variances For Proposed Structures On Lots Involved In A Current Subdivision Application For William D. Gregory And David J. Duff , at 1410 and 1420 Shoreline Drive. Motion, Ayes (5) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, JULY 26 , 1982 Page 3 VARIANCE APPEAL 2697 Casco Point Rd #581 Richard Lorge Mr . Richard Lorge was present regarding his variance application appeal for 2697 Casco Point Road . Mayor Van Nest questioned the legality of discussing the Lorge matter due to the fact that this matter is in litigation . CityAttorneyMalkersonstatedthattheLorges may make a presentation of their facts to the City Council but no opinions are to be expressed at this time . Mr . JonParrington , theattorneyfor theinsurance company , was also present and is handling the litigation of the Lorge matter and is to be included in the discussion . Mr . Lorge stated that he and his wife are no longer owners of a farm they purchased in Carver County after trading their home on Caseo Point . They are now just renters at the farm so they wish to build a home on their property on Casco Point . Mr . Lorge stated that they would place the home within the limits of the setbacks to the eastern end of the property to minimize any interference to the properties on the north and south . Mr . Lorge discussed his proposal for the water runoff by storing it in an underground tank to serve as a heating system. The present drainage system has a plugged lateral in the parking lot of Lot 4 on the northeast corner . Mayor Van Nest inquired if Mr . Lorge was planning on building a home for his own oecupancy . Mr , � Lorge stated "Yes , absolutely . " Mr . Bob Hunt informed the City Council that he , the Sehanders , and the Childs have not changed their opinions as referred to in the Childs' letter . Mr . Kane , owner of the house on Lot 4 , stated that he feels that the water problem is more serious than Mr . Lorge states . Mr . Lorge stated that he intends to revamp the drainage problem on Lots 4 , 5 . � 6 and divert it to the lake. AttorneyParringtonrequestedtobepresentat the executive session that is planned for later in the evening . ,o '. REGULAR MEETING OF THE ORONO COUNCIL, JULY 26 , 1982 Page 4 City Attorney Malkerson stated that this discussion has been a presentation by Mr . Lorge representing himself regarding amatterthatisin litigation . Mr . Malkerson informed Mr . Lorge that if he wishes to make a new application for a variance or for anything else , to submit these plans to show a new location of the house , go through a public hearing before the Planning Commission and the City Council , then he has every right to do so , but this is not what Mr . Lorge wishes to do at this point . An executive session was called at 9 : 53 P . M. After discussion , Mayor Van Nest moved , Butler seconded , to authorize the City Planner to draft a letter to Mr . Richard Lorge , 2697 Casco Point Road , informing him that the City of Orono is willing to have a new proposal brought before them that satisfies the zoning code , since this is a substandard lot and not in single separate ownership . Motion , Ayes ( 5 ) - Nays ( 0) . The executive session ended at approximately 10:53 P .M. PRD SUBDIVISION 1340 Baldur Park Rd. #669 Tonka Lake Properties Mr . Gary Peterson was present to discuss his PRD subdivision proposal for 1340 Baldur Park Road . Mr . Peterson placed on the Council table a model of the layout for his development . City At�orney Malkerson informed the City Council and Mr . Peterson that anything presented at Council meetings is the property of the City , and , therefore , the model of the development must be dated � initialed , and left with the City . The City Council diseussed the PRD vs , a standard subdivision that had a density of only three units on the property . The City Council felt that the density of the PRD was too great for the area . Hurr moved � Adams seconded , to table the request of Tonka Lake Properties for a PRD Subdivision for 1340 Baldur Park Road , to allow time for Mr . Peterson to reconsider his present proposal . Motion , Ayes (5 ) - Nays ( 0) . REGULAR MEETING OF THE ORONO COUNCIL, JULY 26 , 1982 Page 5 SCHLEE DEVELOPMENT Glenn Cook , City Engineer , reviewed with the City Council the feasibility report concerning the Schlee Development at 3660 Shoreline Drive . RESOLUTION #1395 Feasibility Report Mayor Van Nest moved , Butler seconded , to adopt Resolution # 1395 , A Resolution Receiving Feasibility Report On Navarre Utility And Street Improvements . Motion , Ayes (5) - Nays ( 0) . RESOLllTION #1396 Order Public Hearings Mayor Van Nest moved , Butler seconded , to adopt Resolution 4�1396 � A Resolution Ordering Public Hearings On Navarre Utility And Street Improvements . Motian , Ayes ( 5 ) - Nays ( 0) . EASENENTS Ronnies � G � S Cabinets Mayor Van Nest moved , Butler seconded , to authorize negotiations with Ronnies ' Cleaners and G & S Cabinets for the necessary appraisals for easements . Motion , Ayes (5) - Nays ( 0) . FOREST ARHS LARE ACCESS Mr . James Grabek , 960 Forest Arms Lane � was present to discuss with the City Council the Forest Lake access . Mr . Grabek stated that he is the spokesman for the neighborhood association and stated that they wanted their fourteen docks approved by Orono and the Lake Minnetonka Conservation District . Mayor Van Nest moved , Butler seconded , to hold a special meeting with the residents of the Forest Arms LakeAecessAssociationonSaturday , July31 , 1982 at 8 : 00 A . M. Motion� Ayes (5) - Nays ( 0) . HOLZER MATTER 2677 Casco Point Rd Mr . Arlo Vande Vegte , attorney for Alexander Holzer � 2677 Casco Point Road , was present and requested a settlement of the legal action regardingtheHolzermatterthatisin litigation . Mr . Vande Vegte viewed the pictures of the Holzer property and stated that conditions arebasically the same now as when the pictures were presented . This matter is scheduled for an executive session at the end of tonight ' s meeting . REGULAR MEETING OF THE ORONO COUNCIL, JULY 26 , 1982 Page 6 MCMD — HEADWATERS CONTROL The City Council was presented with a memo from the Minnehaha Creek Watershed District concerning a proposal for modification of headwaters control structure management policy and operating procedures dated July 16 � 1982 . MiICC — George Lusher Letter — M.P.T.P. The City Council was presented with a letter to City Administrator Benson from George Lusher , Metropolitan Waste Control Commission , Chief Administrator , concerning the Maple Plain Treatment Plant dated July 16 � 1982 . PCA — BARRY SCHADE Letter — M.P.T.P. The City Council was presented with a letter to GeorgeLusher , Chief Administrator , Metropolitan Waste Control Commission , from Barry Schade , Pollution Control Agency � concerning the Maple Plain Treatment Plant dated July 22 , 1982 . CABLE TV REPORT No Cable TV report . TRANSPORTATION No transportation report . NO PARKING SIGNS� North Shore Drive Butler moved , Hurr seconded , to take no action concerning a petition for No Parking signs on North Shore Drive , per City Administrator Benson ' s memo dated July 23 . 1982 . Motion , Ayes (5) — Nays ( 0) . POBLIC HEARINGS� Federal Revenue Sharing Butler moved , Hurr seconded , that a Proposed Use Hearing concerning Federal Revenue Sharing Funds be held on Wednesday , August 25 , 1982 at 7 : 00 P .M. and to hold the Budget Hearing for Federal Revenue Sharing on Monday , September 13 , 1982 . Motion , Ayes ( 5 ) — Nays ( 0) . PAYMENT� Hewlett—Packard 125 Butler moved , Hurr seconded , to approve the payment of the Hewlett—Packard word processor in the amount of $7 �766 . Motion , Ayes ( 5 ) — Nays ( 0) . REGULAR MEETING OF THE ORONO COUNCIL, JULY 26 , 1982 Page 7 FINANCIAL HEALTH PROFILE� Butler moved � Hurr seconded � to approve the Financial Health Profile prepared by State Auditor Arne Carlson received July 13 , 1982 . Motion , Ayes (5 ) - Nays ( 0) . STATE AUDITOR LETTER� Butler moved , Hurr seconded , to approve City Administrator Benson ' s letter to State Auditor Arne Carlson regarding the City of Orono ' s Financial Health Profile dated July 23 , 1982 • 1982 SEALCOATING� Butler moved , Hurr seconded , to approve the 1982 Sealcoating Program per City Administrator Benson ' s memo dated July 22 , 1982 . Motion , Aye� (5) - Nays (0) . BASS FISHING TOURNAMENT� Mayor Van Nest moved , Butler seconded , to approve the Bass Fishing Tournament scheduled for August 29 , 1982 , subject to the conditions as set forth in the letter dated July 23 , 1982 . Motion , Ayes ( 5 ) - Nays ( 0) . PAUL SMITH SE6iER � WATER 2477 Dunwoody Avenue City Attorney Malkerson informed the City Council that he , City Engineer Cook , Public Works Coordinator Gerhardson � the Smiths , the Powers , and the Smiths ' contractor for the project , met at the property on July 14 , 1982 , to walk the area to determine a feasible route for the sewer and water lines to the Smith house . After the meeting , the City Attorney drafted an agreement for the necessary easements outlining the conditions to be met by both parties . At issue , is the parking lot for the Smiths use at the top of the hill . The Powers feel that over-night parking of four vehicles will interfere with their view. The Powersarewillingtoallowtwoover-night parking spaces but the Smiths are requesting four over- night parking spaces . City Attorney Malkerson feels that given a little more time , the Smiths and Powers will reach an amicable solution . Mayor Van Nest moved , Hurr seconded , that between now and the next Council meeting , the City Attorney be authorized to negotiate the purchase of an easement for Powers for purposes of either a City project or a private project , under City control , for sewer and water to the Smith REGULAR MEETING OF THE ORONO COUNCIL, JULY 26 , 1982 Page 8 residence for approval ; also , to authorize that if the Powers and Smiths ask you to do some drafting for them on an agreement to get this settled , along with other conditions that they want to put in so that there will be an agreement where we either purchase an easement from the Powers or an agreement where they give us an easement in consideration of otherfactors; lacking eitherof these two agreements, we will approve a motion to proceed with whatever steps are necessary for quick take action at the next Council meeting . Motion, Ayes (5) - Nays (0) . TORRENS PROCEEDINGS Bruce Malkerson, City Attorney, explained to the City Council the torrens proceeding regarding the Steven Codden property at 4015 Dahl Road . Hurr moved , Mayor Van Nest seconded , to authorize the City Attorney to sign the stipulation concerning the torrens for the Steven Codden property at 4015 Dahl Road . Motion, Ayes (5) - Nays (0) . MEDINA-LONG LA.RE-ORONO SEWER PROJECT Mayor Van Nest discussed the Medina-Long Lake- Orono sewer project stating that the cost for easements for Pipe D on Burlington-Northern right-of-way is approximately $750. Mayor Van Nest stated that City Administrator Benson had negotiated with Long Lake a mutual agreement. , Mayor Van Nest moved , Adams seconded , that the paymentofapproximately $750be splitthree equal ways for the next three years , thereafter , the maintenance costs will be based on usage. Motion, Ayes (4) - Nays (0) . Councilmember Hurr abstained . LICENSES* Butler moved , Hurr seconded , that the following licenses , be approved : Motion, Ayes (5) - Nays (�) - Raymond Haeg Plumbing , Inc . - Plumber Doc ' s Emergency Plumbing Company - Plumber BILLS* Butler moved , Hurr seconded , that the All Funds Accounts and the Liquor Store Accounts, be paid . Motion, Ayes (5) - Nays (0) . � . � REGULAR MEETING OF THE ORONO COUNCIL, JULY 26 , 1982 Page 9 ERECUTIVE SESSION At 11 : 37 P. M. � the City Council went into an executivesessiontodiscusstheHoltzerand other matters in litigation . . �� f �� 1✓Y✓� , G� William B . Van Nest , Mayor � Attest : �� u� Alberta M. Strom , City Clerk