HomeMy WebLinkAbout10-13-1982 Council Minutes �.
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City of Orono
7:00 P.M.
Regular Meeting of the Orono Council , October 13 , 1982
The Orono Council met on the above date with the
following members present : Acting Mayor
Butler , Councilmembers Frahmand Hurr . Absent :
Mayor Van Nest and Councilmember Adams . Also
present : City Attorney Malkerson, City
Engineer Cook, Zoning Administrator Mabusth ,
Public Works Coordinator Gerhardson, Building
Official Jacobs, Planning Commission Re-
presentative Kelley, and City Clerk Strom.
City Administrator Benson arrived at 7 : 40 P.M.
CONSENT AGENDA*
Hurr moved , Frahm seconded , to approve the
Consent Agenda* 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 (0) .
MINUTES*
September 27, 1982
Hurr moved , Frahm seconded , to approve the
Minutes of the Regular Meeting of September 27 ,
1982. Motion, Ayes ( 3) - Nays (0) .
MINUTES*
September 30, 1982
Hurr moved , Frahm seconded , to approve the
Minutes of the Special Meeting of Septem'�er 30 ,
1982. Motion, Ayes ( 3) - Nays (0) .
PARK COMMISSION REPORT
Bederwood Park
City Administrator Benson' s memo concerninq
Bederwood Park dated October 12, 1982 was
discussed and it was agreed to chanqe one
sentence to read that "to resod the entire
outfield is not required" .
Frahm moved , Acting Mayor Butler seconded , to
approve Dick Benson' s memo concerning Bederwood
park , as amended to read to resod the entire
outfield is not required" and to authorize $500
for the necessary improvements. Motion, Ayes
(3} - Nays (0) .
REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 13 , 1982 Page 2
LMCD APPOINTMENT
JoEllen Hurr
Acting Mayor Butler moved , Frahm seconded , to
reappoint Councilmember Hurr to the Lake
Minnetonka Conservation District Board of
Directors through 1985. t�7otion, Ayes (3) - Nays
(0) .
PLANNING COMMISSION
No comments from the Planning Commission
Representative Kelley .
PUBLIC COMMENTS
No comments from the public present .
Acting MayorButlerinvited thepublic present to
the Town Meeting to be held on Wednesday, October
2.� , 19g2 at 7 : 3P1 P.M. at the Orono Middle School .
PUBLIC HEARING DATE
Proposed Ordinance
Hurr moved , Frahm seconded , to reaffirm the date
of October 25 , 1982 at 7 : GJ� P.M. for the public
he�ring concerning the proposec3 ordinance for a
Seasonal Recreational District to be considered
for the three islands in the Orono district .
Motion, Ayes (3) - Nays (�J) .
SUBDIVISION AGREEMENT
Schlee Builder ' s, Inc.
Zoning Administrator Mabusth revie�oed with the
City Coun^il the Subdivider ' s Agreement that has
been prepared for the Schlee Builder ' s , Inc .
subdivision.
Several residents of the nei�hborhood were
present . Their discussion included the length
of time that Blaine Avenue would be closed for the
installation of the sewer .^_onstruction, that the
school district should be notiFied for reroutinq
schoo.l buses , and an approximate id�a as to when
an�i for how long the construction would take.
City Engineer Cook stated that the school would
be notified of the pending construction, that
Blaine Avenue would be closed to traffic for two
or three days , and that the sewer construction
should be finished by November 15 , 1982. Their
concern was tree damage on east side of Blaine
Avenue .
RESOLUTION #1423
Schlee Builder' s, Inc.
Agreement
Frahm moved , Hurr seconded , to adopt Resolution
#142.3 , A Resolution Approving A Subdivision
Agreement With Schlee Builder ' s , Inc . Motion ,
� Ayes ( 3) - Nays (�1) .
REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 13, 1982 Page 3
NEW THOUGHT CENTER*
Hurr moved , Frahm seconded , to accept the letter
of City Planner Olson to the church of Religious
Science , 525 Leaf Street, concerning an
applicationfor tax exempt status , dated October
7 , 1982. Motion, Ayes (3) - Nays (0) .
CDBG PROGRAM*
Hurr moved , Frahm seconded , to accept the memo
prepared by City Planner Olson concerning the
CDBG Program, dated October 6, 1982. Motion,
Ayes (3) - Nays (P1) .
SUBDIVISION
1366 Rest Point Road
�697
Larry Langhans
Zoning Administrator Mabusth reviewed with the
City Council the application of Larry Langhans
for a preliminarysubdivisionfor1366RestPoint
Road .
Mr . Larry Langhans was present .
Hurr moved, Frahm seconded, to approve the
preliminary subdivision request of Larry
Langhans, 136� Rest Point Road , per the Planning
Commission recommendations as follows :
1 . All future construction on both Lots 1 & 2,
must meet all standards of the LR-1B Zoning
District.
2. The Public Works Department must review any
new access off Rest Point Road created by garage
on Lot 1 .
Motion, Ayes (3) - Nays (0) .
SUBDIVISION
1420 Shoreline Drive
#701
Gregory/Duff
Mr . William Gregory, Mr . David Duff , and Mr .
Larry Berg , attorney for Mr. Gregory, were
present to discuss the subdivision for 1420
Shoreline Drive.
Mr . Duff reviewed with the City Council his
letter with an attachment of a proposal for the
installation of sewer for his property from
Sullivan Services, Inc. The City Council
advised Mr . Duff to proceed withtheinstallation
REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 13 , 1982 Page 4
of a septic system since it woulc] not be possible
to hookup to the municipal sewer as previously
stated to Mr . Duf f . Mr . Duf f agreed to contract to
have his septic system repaired .
Mr . Gregory requested approval of a mooring area
on Brown' s Bay; the hardship beinq the height of
the Tanager Lake bridge.
Hurr moved , Frahm seconded , to approve the
preliminary subdivision for Willilam Gregory/-
David Duff , 14?0 Shoreline Drive, per the
Planning Commission recommendations , to include
a new septic system being installed on Lot 8 ,
nuff ' s homestead , prior to Council granting
final approval of the plat , and one mooring area
on Brown' s Bay for Mr . Gregory and Mr . Duff .
Motion, Ayes ( 3) - Nays (0) .
CONDITIONAL USE PERMIT
141H Shoreline Drive
�7A2
William Gregory
Acting Mayor Butler moved , Hurr seconded , to
conceptually approve the request of Wiliam
Gregory, 1410JShoreline Drive, for a conditional
use permit and to direct staff to prepare a
resolution per the Planning commission
recommendations. Motion, Ayes ( 3) - Nays (0) .
VARIANCE
2130 Shevlin Drive
�793
Mark Fox
Zoning Administrator Mabusth reviewed the
variance request of Mark Fox , ?_130 Shevlin Drive .
Mr . Fox was present.
Frahm moved , Acting Mayor Butler seconded , to
approve the variance request of Mark Fox , 2130
Shevlin Drive , per the Planning Commission
recommendations. Motion, Ayes (3) - Nays (0) .
VARIANCE
4075 Oak Street
�705
Philip Bradley
Acting Mayor Butler moved , Hurr seconded , to
approve the variance request of Philip Bradley,
40J75 Oak Street , per the Planning Commission
recommendations. Motion, Ayes (3) - Nays (0) .
REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 13 , 1982 paqe 5
VARIANCE
2665 Casco Point Road
�707
Charles Downey
Zoning Administrator Mabusth reviewed with the
City Council the request of Charles Downey, 2665
Casco Point Road , for a variance to construct a
garage.
Mr . Downey was present to discuss his variance
application. Discussion included hardcover
and turnaround in addition to the placement of
the garage.
Acting Mayor Butler moved , Hurr seconded , to
approve Charles Downey' s, 2565 Casco Point Road ,
hardcover and street , front, and side setback
variances to permit the construction of a new
detached garage as follows :
1 . Hardcover variance foradditional hardcover
of 3$ or 2601 sq. ft .
2. A side setback of 1 .8 ' .
3. Front/street setback to be determined by
staff. Building Inspector has confirmed a
setback of 3 ' from oak tree.
Motion, Ayes (3) - Nays (0) .
BID AWARD
82-1 & 82-2
City EngineerCookreviewed with theCity Council
the bid tabulations for the 82-1 and 82-2
improvement projects stating that Nodland
Associates were the low bidder for the sewer and
water project and that Valley Paving is the low
bidder for the street project. Engineer Cook
also explained the necessity of an addendum #1
for the sewer and water project.
RESOLUTION #1424
Nodland Associates
82-1
Hurr moved , Frahm seconded , to adopt Resolution
#1424 , A Resolution Accepting Bid And Ordering
Improvement, Navarre Sewer & Water Improvements
Project 82-1 , to Nodland Associates , to include
� Addendum �1 , with the option of the Administrator
to not award the contract if he deems it not
advisable. Motion, Ayes (3) - Nays (0) .
� �EGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 13, 1982 Page 6
RESOLUTION #1425
Valley Paving
82-2
Hurr moved , Acting Mayor Butler seconded , to
adopt Resolution #1425, A Resolution Accepting
Bid And Ordering Improvement , Navarre Street
Improvements Project 82-2, to Valley Paving ,
with the option of the Administrator to not award
the contract if he deems it not advisable.
Motion , Ayes (3) - Nays (0) .
BOND SALE
82-1 & 82-2
Dick Benson, City Administrator , discussed the
proposed Navarre utility and street projects
commenting that the City should prepare for a
bond sale to finance the projects now since the
interest rates should be very favorable in
Novemberand Decemberwithapossible8$ interest
rate . We will prepare for our 82-1 & 82-2 bond
sale for the October 25, 1982 Council meeting .
RESOLUTION #1425
Easement Agreement
Hurr moved , Acting Mayor Butler seconded , to
adopt Resolution #1426, A Resolution Approving
An Easement Agreement With Robert Harding .
- Motion, Ayes (3) - Nays (0) .
MAYOR'S REPORT
Mayor Van Nest was not present to report on
various meetings of the LMCD Task Force and the
Lake Minnetonka Mayors Forum.
CABLE TV REPORT
Acting Mayor Butler reported that ten cities have
signed the Joint Cable TV Agreement .
COLLEGE DEGREE*
Hurr moved , Frahm seconded , to approve the memo
concerning' Building Official Tom Jacobs'
college degree. Motion, Ayes (3) - Nays (0) .
MCWD LETTER*
Headwaters Control
Hurr moved , Frahm seconded , to accept the letter
from the Minnehaha Creek Watershed District
dated September 28, 1982 concerning the
headwaterscontrol structure , management policy
and operating procedures. Motion, Ayes (3) -
Nays (0) .
�REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 13 , 1982 Page �
PLANNING ASSISTANCE
GRANT LETTER*
Hurr moved , Frahm seconded , to approve the letter
from Dick Benson, City Administrator , to Mr .
Charles Weaver , Chairman, Metropolitan Council ,
dated September 28 , 1982, concerning planning
assistance grant , entitlement fund request .
Motion, Ayes (3) - Nays (0) .
B & Z REVENUES &
EXPENSES*
Hurr moved , Frahm seconded , to approve the
Building & Zoning Revenues vs. Expenses report
dated September 29, 1982. Motion, Ayes (3) -
Nays (0) .
SALARY INCREASE*
Hurr moved , Frahm seconded , to approve the salary
increase of Steven Pearson to $1 ,564 .78 per
month , effective October 5 , 1982 . Motion, Ayes
(3) - Nays (�) .
SALARY INCREASE*
Mark Tomczyk
Hurr moved , Frahm seconded , toapprovethe salary
increasefor MarkTomczykto $1 ,872.87per month ,
effectiveNovember17 , 1982. Motion, Ayes (3) -
Nays (4�) .
1983 ENGINEERING FEES*
Hurr moved , Frahm seconded , to approve the 1983
enqineering rates for Bonestroo, Rosene,
Anderlik and Associates , Inc . per the memo dated
October 6, 1982. Motion, Ayes (3) - Nays (0) .
PUBLIC AUCTION DATE*
Hurr moved , Frahm seconded , to approve the date
of October 30 , 1982 for a public auction to be
held at the Orono Police Department to dispose of
recovered property. Motion, Ayes (3) - Nays
(�1) •
REFUND*
Pheasant Lawn Area
Hurr moved , Frahm seconded , to refund $175. 00 to
Pheasant Lawn residents for an application which
they have withdrawn for a rezoning request .
Motion, Ayes (3) - Nays (0) .
WILLIAM SIME LETTER*
Town Meeting
Hurr moved , Frahm seconded , toapprovetheletter
from Dick Benson, City Administrator , to William
Sime,Jr . , 2106 Shadywood Road , concerninq the
Town Meeting scheduled for October 20 , 1982.
Motion, Ayes ( 3) - Nays (0) .
REGULAR MEETING OF 1HE ORONO COUNCIL, OCTOBER 13 , 1982 Page 8
HAMILTON MORAN TETTER*
Hurrmoved , Frahmseconded , toapprovetheletter
from Dick Aenson, City Administrator , to H.
Hamilton Moran , 29ti5 Casco Point Road ,
concerning the Town Meeting scheduled for
October 2G� , 19�2 . Motion , Ayes (3) - Nays (!�3) .
CITY CANDIDATES*
Hurr moved , Frahm seconded , to accept the memo
concerning the persons who have filed for the
Counr.il seats for the City Election on November
2, 1982. Motion, Ayes (3) - Nays (a) .
ORDINANCE N0.245*
Hurr moved , frahm seconded , to adopt Ordinance
No . 425, An Ordinance Amending Chapter 80 Of The
Orono Municipal Code Relating To Firearms ,
Dangerous Weapons And Notices And Permits For
Same And Deleting Sections 80 . 03� , 8a . 940 ,
8b.042, 80. m43, 80.�144 , 80 .�45 , 8�J . �J50, And
R(� . (�51 . Motion, Ayes ( 3) - Nays (�) .
APPOINT AUDITORS*
Hurr moved , Frahm seconded , to approve the firm
of Hansen and Babcock , Certified Public
Accountants , as the City auditors for performing
the audit of the city for the year ended December
31 , 1981 . Motion, Ayes (3) - Nays (�J) .
POLICE HOUSING*
Hurr moved , Frahm seconded , to approve the memo
dated October 7 , 1982 concerning future poli�e
housing . Motion , Ayes ( 3) - Nays (0) .
EDWARD CASHIN MATTER
Acting Mayor Butler moved , Hurr seconded , to
table the Edward Cashin matter . Motion, Ayes
( 3) - Nays ( �) .
RESOLUTION #1427
MWCC Title Transfer
Hurr moved , Acting Mayor Butler seconded , to
adopt Resolution #1427 , A Resolution Approving
Title Transfer To Metropolitan Waste Control
Commission For Portion Of Treatment Works
Property. Motion, Ayes (3) - Nays (�J) .
FRANZEL MATTER
City Attorney Malkerson reviewed the status of
the Franzel m�tter with the City Council .
Frahm moved , Hurr seconded , to approve �he
additional interest of 5992. 4�1 or less, for the
� REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 13, 1982 Page 9
permanent easement for the Franzel property
concerning the 73-1 sewer project , subject to
review of City Administrator Benson. Motion,
Ayes (3) - Nays (0) .
TONRA LARE PROPERTIES
1340 Baldur Park Road
�669
Gary Petersen
Zoning Administrator Mabusth requested the City
Council to give her direction concerning the need
to extend the letter of credit with a deadline
date of November 1 , 1982, that assures the
connection of the existing Olson residence to
City sewer for the Tonka Lake Properties at 1340
Baldur Park Road . Mabusth advised the
developer ' s representative, John Nord , that she
would discuss this matter with the City Council
and that Mr . Nord need not be in attendance.
Mabusth explained that there may be a need to
acquire utility easements through Lots 17, 18 ,
and 19 and that the developer could not be certain
of obtaining such easements to meet the November
1 , 1982 deadline date .
Acting Mayor Butler moved , Frahm seconded , to
direct staff to advise Tonka Lake Properties of
the need to submit a new letter of credit .
Motion, Ayes (3) - Nays (0) .
LICENSES*
Hurr moved , Frahm seconded , to approve the
following licenses: Motion, Ayes (3) - Nays
(0) .
Doody, Inc . - Plumber
Haas & Haas , Inc . - Septic System Installer
Ingleside Engineering - Well Driller
M & D Plumbing & Heating , Inc . - Plumber
Podany Plumbing - Plumber
Rogers Well Company - Well Driller
Spetz & Be�rg , Inc. - Plumber
Voss Plumbing - Plumber
BILLS*
Hurr moved , Frahm seconded , that the AJ.1 Funds
Accounts and the Liquor Store Accounts, be paid .
Motion, Ayes ( 3) - Nays (0) .
ADJOURNMENT
Hurr moved , Frahm seconded , that the meeting be
adjourned at 10: 30 P.M. Motion, Ayes (3) - Nays
(P1) •
. •-N
REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 13 , 1982 Page 10
S�
William B. Van Nest, Mayor
Attest : ��,,�����U �..��,,;.�
A�.berta M. Strom, City Clerk