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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