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HomeMy WebLinkAbout08-09-1982 Council Minutes . CITY OF ORONO 7:00 P. M. Regular Meeting of the Orono Council , August 9 , 1982 The Orono Council met on the above date with the following members present: Mayor Van Nest, Councilmember Hurr , and Adams. Absent: Council- member Butler and Frahm. Also present: City Attorney, Malkerson, Public Works Coordinator Gerhardson, City Planner Olson, Zoning Admini- strator Mabusth , Building Inspector Jacobs, and Deputy Clerk Woytcke. Also absent : City Administrator Benson. PUBLIC INFORMATION MEETING SCHLEE BUILDERS At this time Mayor Van Nest opened the meeting stating that this time was set aside for the Public Information meeting regarding the Schlee Development. Some of the residents present still stated that their concern was the traffic routed onto Livingston and Lyric. The mayor did explain to them that Blaine Avenue would get the most traffic. The residents stated Blaine was very hard to use to get onto County Road #15 and they felt the City should request a stop light. A sketch of the road design was passed out to the residents to view. NORTHERN AVENUE SEWER INFORMATION MEETING At approximately 7: 30 Mayor Van Nest called the information meeting to order regarding the Northern Avenue Sewer . Mayor Van Nest expressed to the citizens that this should be very carefully looked at because they probably will never see this low price again. Mayor Van Nest encouraged the residents of this area that will be affected to come into the office in the next two weeks and meet with staff. After they each have met with staff he asked they take a survey, of the neighborhood and if they want the sewer and if they don' t want the sewer they are to come to the Public Hearing in two weeks. He asked them to bring the results at that time. r REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 9, 1982 PAGE -2- CONSENT AGENDA* Adams moved, Hurr seconded , that items #4 , #8, �27, #28 and #29 be removed from the Consent Agenda* . Motion, Ayes (3) - Nays (0) . Adamsmoved, Hurrseconded , toapprovethe Consent Agenda* , subject to removing items �4,#8,#27,- #28,and �29, 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 (B) . MINUTES* Hurr moved , Adams seconded , to approve the minutes of Regular Meeting of July 26, 1982 as amended . Motion, Ayes (3) - Nays (0) . PARR COMMISSION COMMENTS Mrs. Mary Stinson was present to represent the Park commission. She reported that the Park Commission had met on August 4, 1982 and discussed the Bederwood Ball Diamond improvements. Public Works Coordi- nator ' s memo was enclosed for their reviewal . She reported also that the Park Commission felt the City should determine the type of equipment that the Schlee Park should have and that it be fenced on two sides. Mrs. Stinson also reported that the Park Commission had voted that Mrs. Barbara Peterson take over as Chairman as Mr . Lee Tomlinson has resigned due to the fact he no longer lives in Orono . Hurr moved , Adams seconded , to approve the appointment of Mrs. Barbara Peterson as Chairman of the Park Commission. Ayes (3) - Nays (0) . LMCD REPORT It was decided that any comments about Lake Minnetonka Conservation District would be later in the Mayors report. pLANNING COMMISSION COMMENTS Mr . Dave Opheim was present to represent the Planning Commission and stated they would like to have a breakfast meeting with the council in September . It was decided to set it up for September 18 , 1982 at the Lafayette Club. REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 9 , 1982 PAGE -3- PUBLIC COMMENTS No comments from the public present. RESOLUTION #1397* #672 NEW LIFE BIBLE CHURCH Adams moved , Hurr seconded to adopt Resolution �1397approving A Conditional Use Permitand Sewer Service for the New Li fe Bible Church on a property legally Described as Lot 2, Crystal Crest. Motion, Ayes (3) - Nays (0) . #654 DICON* 155 WILLOW DRIVE S0. Adams moved , Hurr seconded , to table the street name approval for public road for the DiCon project until the developer could return to the next meeting and explain his reasons for wanting Countryside Manor instead of Countryside Road or Street, etc. Motion, Ayes (3) - Nays (0) . #685 CHARLES RROGNESS 185 BROWN ROAD SOUTH PRELIMINARY SiJBDIVISION Mr . Charles Krogness was present, regarding his preliminary subdivision application for 185 Brown Road South. Hurr moved , Van Nest seconded , approval of 2 lot plat and approval of variances to required 200 ' of width at building site and 200 ' of width required at public road . No other variances to be granted to any setbacks,approval is subject to the conditions set forth by the Planning Commission. Motion, Ayes (3) - Nays (0) . �686 MERRILL GIBBS 3125 & 3135 FOX STREET - PRELIMINARY SUBDIVISION Mr . and Mrs. Merrill Gibbs and their attorney Mr . Tom Mayerle were present regarding their preliminary subdivision. Van Nest moved , Hurr seconded to conceptually approve the 2 lot plat of Merill Gibbs and directed staff ��to draft a resolution subject to the following : Exception of the granting of a 12' wide easement to City of Orono which will be as noted on the staff sketch, easement to carry the following REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 9 , 1982 PAGE -4- restrictions: 1 . March 1 to December 1 it will be restricted to pedestrian traffic only, The gate will remain closed , and maintained by the City and will be locked during that period and will be subject to vehicle traffic only for City vehicles for the purpose of maintaininq the easement site. 2. December 1 through March 1 the City would have the ability to open the gate and allow vehicle access to Maxwell ' s Bay and that access would be regulated by the City of Orono. The easements both for drainage and for this access will be prepared and the language will be reviewed by the Council at a later date . Motion, Ayes (3) - Nays (0) . #692 RESOLUTION #1398 DOUGLAS AABEL- 1580 LONG LAKE BLVD. Mr . Douglas Aabel and Mrs. Ardis Severtson were present. • Hurr moved , Van Nest seconded , to approve Resolution �1398 Approving a Metes and Bounds Sub- Division and lot line rearranqement of Lots 11 and Lot 12, Albee' s Long Lake Addition for Merriam S. Anderson and Ardis Severtson. Motion, Ayes (3) - Nays (0) . SCHLEE BUILDERS Van Nest moved , Adams seconded , to approve the preliminary plat subject to the terms of the Planning Commission, subject to the intent that Lyric Avenue will be extended to the West and that the exact alignment inside the Schlee plat of Lyric will be left to the planning process between preliminary and final plat. That there will be some property required on the southern portion of this plat that will be used in conjunction with a combination to the Ronnie' s Cleaners property required to offset the necessary easements and dedication of land for Lyric and for Blaine Avenue widening . Exact details to be worked out in the process between preliminary and final approval . Subject to the standard park dedication, subject to the drainage easements as determined by staff and other easements determined by staff for utilites, and surface water runoff , drainage ' REGULAR MEETING OF THE ORONO COUNCIL AUGUST 9 , 1982 PAGE -5- easements on the Tonka Property. This preliminary approval is contingent on the fact that the trunk sewer project is ordered and the Blaine upqrading is ordered and contingent upon the signing of an assessment appeal on standard City forms by developer and all this is conceptual approval . To be reduced to writting and brought back to the next meeting . Motion, Ayes (3) - Nays (0) . Councilmember Hurr asked to have at the next meeting whatever might be necessary to order a traffic light at Blaine and County Road 15. TheCouncilrequestedthatA Resolution bedrafted and brought back to the next meeting regarding Council ' s intention of eventually extending Livingston through the Tonka Properties and exit out onto County 15. #669 TONRA LARE PROPERTIES GARY PETERSEN Mayor Van Nest noted that before the council meeting this evening he had received a call from Mr . Gary Petersen asking him for direction on the matter of his property. City Attorney Malkerson advised the council to table this matter and ask Mr . Petersen to come back before the council at the next meeting . It was decided that this would be best as this was not an agenda item. M.C.W.D. Mayor Van Nest reported that at the last meeting of the Minnehaha Creek Watershed District it was decided to go ahead with the plan to change the entire intent of the Gray' s Bay structure by establishing a high water level on the lake. This plan will lower the lake level during the summer months to accommodate the downstream recreation purpose. Orono was not pleased with this decision and does intend to keep the M.C.W.D. informed of the City' s position. LARE MINNETONRA TASR FORCE Mayor Van Nest stated the Task Force is coming along just great. They were doinq tours on the lake ta get more people on the lake. GARE MINNETONRA CONSERVATION DISTRICT Mayor Van Nest wanted to discuss the problem the L.M.C.D. was having with prosecution. L.M.C.D. has in the past had the position that on certain - REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 9, 1982 PAGE -6- types of cases they had the right to prosecute like the City doesformisdemeanorsin Municipal Court. A case where the water patrol would issue a ticket for a violation on the lake, moving boat, etc . That matter they feel the City prosecutor is better equipped , he is at the courthouse , he is used to prosecuting these types of complaints and L.M.C.D. wish for that to continue . In the case that a violation is committed regarding a dock setback or a violation of type of dock , (someoneoperating a Marinawithouta Marina License) they want to reserve unto themselves the ability to prosecute that matter . The other side of the issue is that the L.M.C.D. even though it is a legal creation of the State , it is a corporation that does have the right to write ordinances , does have the right to sue, does not have the right to prosecute its own cases. Their position is that the only people able to prosecute in the state are Municipal Attorneys , and Court Attorneys. Hurr moved , Adams seconded , to ask City Administrator Benson to write a letter to the L.M.C.D. supporting their position on their ability to prosecute cases. City Attorney Malkerson asked that a copy of this letter be sent to the Minnetrista Mayor. Mayor Van Nest stated he felt it should go to all the communities on the lake. Motion, Ayes (3) - Nays (0) . RESOLUTION #1399* ELECTION JUDGES Adams moved , Hurr seconded , to adopt Resolution #1399 Appointing Election Judges for the Primary Election to be Held September 14 , 1982 and The General Election to be Held November 2, 1982. Motion, Ayes (3) - Nays (0) . RESOLUTION #1400* NEW PRECINCT �2 POLLING PLACE Adams moved , Hurr seconded , to adopt Resolution �14PJ0 Designating a New Precinct �2 Polling Place. Motion, Ayes (3) - Nays (0) . POLLING PLACE* PRECINCT #4 Adams moved , Hurr seconded , to accept staff � REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 9, 1982 PAGE -7- recommendation to change polling place �4 to room 124 at the Orono Middle School , this room is handicap accessible and the other room was not. Motion, Ayes (3) - Nays (0) . PCA LETTER* BARRY SCHADE Adams moved , Hurr seconded , to accept City Administrator Benson' s letter dated July 29, 1982, to Mr. Barry C. Schade regarding the Maple Plain Treatment Plant. Motion, Ayes (3) - Nays (0) . YEAR TO DATE* ESTIMATED REVENUES Adams moved , Hurr seconded , to accept the Year to date Estimated Revenues Compared to Actual Revenues as of June 30, 1982. Motion, Ayes (3) - Nays (0) . YEAR TO DATE* • BUDGET APPROPRIATION Adams moved , Hurr seconded , to accept the Year to Date budget Appropriation Compared with Actual Expenditures. Motion, Ayes (3) - Nays (0) . SUMMARY OF RECEIPTS* MAY & JUNE, 1982 Adams moved , Hurr seconded , to accept the Summary of Receipts, Disbursements & Balances for May & June, 1982. Mot.ion, Ayes, (3) - Nays (0) . SUMMARY OF RECEIPTS* YEAR TO DATE-MAY 31, 1982 Adams moved , Hurr seconded , to accept the Summary of Receipts, Disbursements & Balances - Year to Date May 31, 1982. Motion, Ayes (3) - Nays (0) . SUMMARY OF RECEIPTS* YEAR TO DATE - JUNE 30, 1982 Adams moved , Hurr seconded , to accept the Summary of Receipts, Disbursements & Balances - Year to Date June 30, 1982. Motion, Ayes (3) - Nays (0) . STATUS OF 1982 TAX* " COLLECTION Adams moved , Hurr seconded , to accept the memo from City Administrator Benson stating the Status of the 1982 Tax Colleciton. Motion, Ayes (3) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 9 , 1982 PAGE -8- INVESTMENTS* JUNE 30, 1982 Adams moved , Hurr seconded , to accept the report of the Investments as of June 30, 1982. Motion, Ayes (3) - Nays (0) . LIQUOR RETAIL SALES* Adams moved , Hurr seconded , to accept City Administrator Benson' s memo regarding the Liquor Retail Sales. Motion, Ayes (3) - Nays (0) . B & Z SECRETARY POSITION* Adams moved , Hurr seconded , to accept City Administrator Benson' s memo regarding the B & Z Secretary Position that will be vacant as of mid August. Motion, Ayes (3) - Nays (0) . RESOLUTION #14H1* HAZARDOUS BUILDING Van Nest moved , Hurr seconded , to adopt Resolution �1401 Ordering Abatement of Hazardous Building Action at 300 Tonka Avenue . Motion, Ayes (3) - Nays (0) . RESOLUTION #1402* HAZARDOUS BUILDING Van Nest moved , Adams seconded , to adopt Resolution �14�2 Ordering Abatement of Hazardous Building Action at 4100 North Shore Drive. Motion, Ayes (3) - Nays (9) . RESOLUTION �1403* HAZARDOUS BUILDING Van Nest, moved , Hurr seconded , to adopt Resolution �1403 Ordering Abatement of Hazardous Building Action at 1290 Spruce Place. Motion, Ayes (3) - Nays (0) . NO PARRING SIGNS* COUNTY ROAD #15 Adams moved , Hurr seconded , to accept City Administrator Benson' s letter to the Orono Citizens regarding the No Parking signs on County Road #51. Motion, Ayes (3) - Nays (0) . PAUL SMITH SEPTIC SYSTEM REVIEW 2477 DUNWOODY AVENUE City Attorney Malkerson reported that Mr. Paul Smith had recently had a heart attack and was in the hospital and that his attorney had asked if this matter could be tabled until he is well enough to appear . � ,. REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 9, 1982 PAGE -9- Van Nest moved , Hurr seconded to table the Paul Smith matter till a later date. Motion, Ayes (3) - Nays (0) . LICENSES* Adams moved , Hurr seconded , that the following licenses be approved : Motion, Ayes (3) - Nays (�d) - Navarre Congregation of Jehovah' s Witnesses - 3C55 Togo Road - Permit to park travel trailer on grounds of Kingdom Hall from August 23-August 29, 1982 - temporary trailer parking . BILLS* Adams moved , Hurr seconded , that the All Funds Accounts and the Liquor Store Accounts be paid . Motion, Ayes (3) - Nays (0) . ADJOURNMENT* Hurr moved , Van Nest seconded , to adjourn at 10: 30 P.M. Motion, Ayes (3) - Nays (0) . 80LZER At 10: 30 P.M. City Attorney Malkerson discussed with the Council the Alexander Holzer matter . Hurr moved , Adams seconded , to give City Attorney Malkerson the authority to work with Holzer' s attorney on the agreement and Resolution upon the sale of the property within 90 days. Motion, Ayes (3) - Nays (0) . � ,/ � �.s W. B. Van Nest, Mayor ATTEST: � C��� _ �� ���� Mary S. oytc e, Depu e�