HomeMy WebLinkAbout08-23-1982 Council Minutes f •
CITY OF ORONO
7:08 P. M.
Regular Meeting of the Orono Council , August 23, 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, Zoning Administrator Mabusth ,
Public Works Coordinator Gerhardson, City
Attorney Malkerson, City Engineer Cook , and City
Clerk Strom. Absent : City Administrator
Benson.
PUBLIC BEARING
Navarre Area Utility
and Street Improvement
Mayor Van Nest announced that now was the time and
place for a public hearing for the Navarre area
utility and street improvements. City Clerk
Strom presented the Affidavit of Publication and
Certificate of Mailing. Mayor Van Nest explained
that the public hearinq consisted of four parts:
Part A: Trunk Sewer
Part B: Schlee Builder ' s, Inc. Plat Improve-
ments
Part C: Blaine Avenue Improvements
Part D: Northern Avenue Lateral Sewer
Part A - Trunk Sewer Improvements. City Planner
Olson explained the route of the proposed sewer
with the aid of a projector showing the area to be
served . Mayor Van Nest stated that the
assessments would be approximately $150,000 at a
cost of $150 per residence spread over a ten-year
period . The necessity for the project is due to
the fact that the sewers are approximately 20
years old and are in need of a larger capacity to
solve current problems.
Part B - Schlee Improvements. City Planner Olson
explained to the citizens the streets and
utilities that are being planned for the Schlee
project and that the costs involved are to be
10P1$ assessed to Schlee Builders.
Part C - Blaine Avenue. City Planner Olson
explained the improvements planned for Blaine
Avenue. Most of the cost of these improvements are
proposed to be assessed against Schlee Builders,
REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 23 , 1982 Page 2
with some to the abutting Geyen and Harding
(Ronnie' s Cleaners) commercial property, some to
the City property and some to the undeveloped
Tonka Corp. property west of Schlee. None is
proposed to be assessed to the existing
residential property abutting the east side of
Blaine Avenue.
The main concern of the residents present was
traffic on Livingston and Lyric Avenues. The
majority of the residents stated that they wished
to have a traffic signal installed at County Road
#15 and Blaine Avenue. Mr . Norman Paurus , 2500
Casco Point Road , stated that he is not in favor of
. a traffic signal at that location as he �feels that
it will create a more hazardous condition than
already exists at that intersection.
Mr. Harvey Reder, 3598 Livingston Avenue,
presented the City Council with a petition signed
byfourresidentsabutting BlaineAvenuethat they
do not want to have any curb nor g�tters on the east
side of the road .
Mr . Geyen, G & S Cabinets, and Mr. Harding ,
Ronnie ' s Cleaners , were present to discuss their
parking and accesses onto County Road #15.
Neither commented on the proposed assessments.
They also suggested a redesign of the road with
Blaine as a commercial access, cul de sac only, but
were told that that idea had been reviewed and
decided against.
Mrs. Lora Forshier , 3596 Lyric Avenue , stated :
"Widening Blaine would be a big improvement. I
don' t know why it hasn' t been done before. "
Discussion included a traffic signal and an
improved corner at �15 and Blaine Avenue, traffic
routed out to �15, either at Blaine Avenue or
farther west at Sohn' s property rather than on
Livingston and Lyric Avenues.
Mr . Russ Fierst, Schlee Builders, stated that he
preferred a curb cut farther west onto County Road
�15 at the Sohn' s property rather than from the
Schlee property.
Part D: Northern Avenue Lateral Sewer . City
PlannerOlsonexplainedtheroute and situation of
properties involved in this project. Mr . Zell ,
3h80Northern Avenue, statedthathe probably will
REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 23 , 1982 Page 3
go along with the project if Mr. Slechta , 3700
Northern Avenue , can get some help in solving his
number of units , as he has the larqest piece of
property on Northern Avenue. Mr. Slechta stated
that he is against eight units for his property but
is willing to go ahead with four units and only two
acres of area assessments. That would be two
existing units and two new units.
Mr . Kloss , 3775 Togo Road , stated that he was in
favor of his residence being connected to sewer at
Togo Road and that he wishes to have the Northern
Avenue sewer so he can subdivide his property on
Northern Avenue into two units only.
Mr. Zell inquired if the project cost might be
lower if the sewer line went through resident' s
property than on the road . He was informed that
it possibly might be less expensive through
resident' s property and that the engineer would
review it.
Several residents discussed construction sche—
dules and seemed to prefer construction and
connection yet this fall . Mayor Van Nest stated
that the project could get the go ahead this fall
if easements were obtained and the residents
signed an appeal waiver .
After all persons present were afforded an
opportunity to be heard, Mayor Van Nest closed the
public hearing at 8 : 41 P.M.
CONSENTAGENDA* Hurr moved , Frahm seconded , to remove item #8 from
the Consent Agenda* . Motion, Ayes (4) — Nays (0) .
Hurrmoved, Frahm seconded , to approvethe Consent
Agenda* , subject to removing item #8, 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 (4) — Nays (0) .
MINUTES*
Hurr moved , Frahm seconded , to approve the Minutes
of the Regular Meeting of August 9, 1982. Motion,
Ayes (4) — Nays (0) .
PARR COMMISSION
No comments from the Park Commission.
LMCD REPORT
Councilmember Hurr reported on activities of the
Lake Minnetonka Conservation District.
REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 23 , 1982 Page 4
PLANNING COMMISSION
No comments from the Planning Commission.
PUBLIC COMMENTS
Under the public comments section on the agenda,
Norman W. Paurus, 2500 Casco Point Road , inquired
when the 1983 budget hearing would be held . He
was informed that he would be notified when the
1983 budget is on the agenda.
RESOLUTION #1404
Schlee Builders
Frahm moved , Adams seconded , to adopt Resolution
�1404, A Resolution Granting Preliminary
Approval For A Conditional Use , Variance And Plat
To Schlee Builders, Inc. For Revised Application
�585. Motion, Ayes (4) - Nays (0) .
LIVINGSTON AVENUE
Mayor Van Nest moved , Hurr seconded , to table the
resolution concerning future extension on
Livingston Avenue for two weeks to provide time
for the three properties involved to reply to the
proposed resolution but that the intent of the
City Council is contained in the resolution.
Motion, Ayes (4) - Nays (0) .
RESOLUTION #1405*
Hurr moved , Frahm seconded , to adopt Resolution
#1405, A Resolution Approving The Plat Of Halycon
Hallow. Motion, Ayes (4) - Nays (0) .
RESOLUTION �1406*
Hurr moved , Frahm seconded , to adopt Resolution
�1405, A Resolution Approving The Plat Of
Bracketts Point. Motion, Ayes (4) - Nays (0) .
SUBDIVISION
Merrill Gibbs
3125 & 3135 Fox Street
#686
Councilmember Hurr had questions concerning the
resolution granting preliminary approval for
the Merrill Gibbs plat. Councilmember Hurr
wanted clarification of the 12' wide cartway on
page 4 , par . b; City Attorney Malkerson and Gibbs'
attorney, Mr . Mayerle , requested changes on page
1 , par . 6, Lot A & Lot B, 320 ' ; page 2, par.
13, . . . .to expedite the review of this
subdivision, to avoid litigation and provide for
an amicable settlement of the disputed cartway,
the City has agreed to relinquish its claim for a
REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 23 , 1982 Page 5
cartway over Lot 36 in exchange for a limited
access easement; paqe 4 , par . d . . . .lot after the
granting to the City by Mr . & Mrs. Gibbs of a future
easement, if any, across Lot 1 ; page 5, add par . E.
The documents required in paragraph c & d above,
shall be in a form acceptable to the City Attorney
and City Council at the time of final plat
approval .
RESOLUTION #1407
Hurr moved , Adams seconded , to adopt Resolution
#1407, A Resolution Granting Preliminary
Approval For The Plat Of Merrill H. Gibbs, amended
as above. Motion, Ayes (4) - Nays (0) .
SUBDIVISION
STREET NAME
DiCon - 155 Willow Dr.
#654
Mayor Van Nest announced that he was stepping down
from the Council table during the discussion and
vote for the DiCon street and final subdivision
applications due to a conflict of interest.
Mr . Richard Conry,the representative for the
DiCon application was present and presented the
City Council with a petition from eight present
and future owners of Countryside Manor plats
requesting that the street be named "Countryside
Manor" .
Councilmember Hurr informed the City Council that
the word "manor" refers to a large house and ,
therefore, would be inappropriate as a street
name, and felt that using Street or Drive would be
more appropriate.
Adams moved , Hurr seconded , to approve the name of
Countryside Drive for the Countryside Manor
subdivision for the DiCon application. Motion,
Ayes (2) - Nays (1) . Councilmember Frahm Nay.
RESOLUTION �1408
Countryside Manor
Hurr moved , Adams seconded , to adopt Resolution
�1408, A Resolution Approving The Plat Of
Countryside Manor . Motion, Ayes (3) - Nays (0) .
RESOLUTION #1409
Plans & Specifications
Navarre Utilities
Hurr moved , Frahm seconded , to adopt Resolution
#1409, A Resolution Ordering Preparation Of Plans
And Specifications For Navarre Utility And Street
Improvements. Motion, Ayes (4) - Nays (0) .
REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 23 , 1982 Page 6
LONG LARE - ORONO MEDINA
Sewer Payment
Councilmember Hurr abstained from the discussion
regarding the Long Lake-Orono-Medina sewer
project payment .
Mayor Van Nest moved , Frahm seconded , to approve
the payment of $67,728.92 to the City of Medina for
the Long Lake-Orono-Medina sewer project ,
subject to the City Attorney' s review of all costs
and final audit of the City of Medina . Motion,
Ayes (3) - Nays (0) . Councilmember Hurr
abstained .
TRAFFIC SIGNAL
#15 & Blaine Avenue
Hurr moved , Adams seconded , to authorize the City
Administrator to write a letter to the Hennepin
County Public Works Department requesting a
review and study regarding a traffic signal at
County Road #15 and the Blaine Avenue and Casco
Point Road intersection. Motion, Ayes (4) - Nays
(g) •
CABLE TV MINUTES
July 14, 1982
The City Council was presented with the Minutes of
the Lake Minnetonka Cable TV Advisory Committee
meeting of July 14 , 1982.
RESOLUTION #1410
Cable TV Participation
Mayor Van Nest moved , Hurr seconded , to adopt
Resolution #1410, A Resolution Authorizing
Participation In The Lake Minnetonka Cable
Communications Commission, subject to review by
Councilmember Butler and City Attorney
Malkerson. Motion, Ayes (4) - Nays (�1) .
JOINT & COOPERATIVE
AGREEMENT - Cable TV
Mayor Van Nest moved , Frahm seconded , to approve
the Joint And Cooperative Agreement, Lake
Minnetonka Cable Communications Commission,
subjectto review by CouncilmemberButlerand City
Attorney Malkerson. Motion, Ayes (4) - Nays (0) .
APPOINT ALTERNATE
Cable TV
Mayor Van Nest moved , Hurr seconded , to appoint
Councilmember Tom Frahm as an alternate to the
Lake Minnetonka Cable TV Advisory Committee.
Motion, Ayes (3) - Nays (0) . Councilmember Frahm
abstained .
REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 23 , 1982 Page 7
PUBLIC HEARING DATE*
Federal Revenue Sharing
The Federal RevenueSharing Public Hearing will be
held Wednesday, August 25, 1982 at 7: 00 P. M. at
the Orono Council Chambers.
RESIGNATION*
Lee Tomlinson
Hurr moved , Frahm seconded , to accept the
resignation of Lee Tomlinson, Park Commission
Chairman. Motion,Ayes (4) - Nays (0) .
LIQUOR STORE REPORT*
June 30, 1982
Hurr moved , Frahm seconded , to approve the year to
date Liquor Store report to June 30 , 1982,
prepared by Tom Kuehn, Finance Director .
Motion, Ayes (4) - Nays (0) .
LIQUOR STORE TRENDS*
Hurr moved , Frahm seconded , to approve the Liquor
Store Trends report prepared by Joan Lattin,
Deputy Treasurer , dated August 20, 1982.
Motion, Ayes (4) - Nays (0) .
PRIMARY ELECTION*
September 14, 1982
Hurr moved , Frahm seconded , to approve the Primary
Election Precinct Locations for the September 14,
1982 election. Ayes (4) - Nays (0) .
ORDINANCE N0.243
Alarms
Hurr moved , Frahm seconded , to adopt Ordinance No .
243, An Ordinance Regulating The Use Of Alarms.
Motion, Ayes (4) - Nays (0) .
PROPOSED ORDINANCE
Noise - Public Nuisance
Mayor Van Nest moved , Hurr seconded , to table the
proposed ordinance concerning noise - public
nuisance , for review and recommendation by the
City Administrator and Chief of Police. Motion,
Ayes (4) - Nays (0) .
PROPOSED ORDINANCE
Firearms Amendment
Mayor Van Nest moved , Hurr seconded , to table the
proposed ordinance concerning a firearms
amendment, for review and recommendation by the
City Administrator and Chief of Polilce.
Motion, Ayes (4) - Nays (0) .
REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 23, 1982 Page 8
LICENSES*
Hurr moved , Frahm seconded , that the following
license be approved : Motion, Ayes (4) - Nays (0) .
East Tonka Sanitation - Garbage Collector
BILLS*
Hurr moved , Frahm seconded , that the All Funds
Accountsand the Liquor Store Accounts , be paid .
Motion, Ayes (4) - Nays (0) .
C. REX WELSH MATTER
City Attorney Malkerson reviewed with the City
Council the C. Rex Welsh matter.
Mayor Van Nest moved , Frahm seconded , to request
staff to draft a final resolution of denial
stating all facts and reasons for denial ; to also
state that the City is willing to issue certain
variances to the requirements for docks to allow a
dock to be built to provide adequate riparian ,
access to navigable waters and to satisfy any
particular needs of Mr. Welsh, to be presented at
the next Council meeting . Motion, Ayes (4) - Nays
��1) •
ADJOURNMENT
Hurr moved , Frahm seconded , that the meeting be
adjourned at 10 : 15 P. M. Motion, Ayes (4) - Nays
(�1) •
William B. Van Nest, Mayor
Attest : �� � � ����-'
A1 erta M. Strom, City Clerk