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Home My WebLink About10-25-1982 Council Minutes . �. City of Orono 7:H0 P.M. Regi�lar Meetinq of the Orono Council , October 25, 1982 The Orono Council met on the above date wit,� r.he following members present: Mayor Van Nest , Councilmembers Adams, Butler , Frahm, and Hurr . Also present: City Planner Olson, Zoning Administrator Mabusth , City Attorney MalkersoTi, City Engineer Cook , Planning Commissio;i �1�mber Goetten, and City Clerk Strom. Abseni:: City Administrator Benson. CHAtdlBER OF COMMERC� AWARD Mayor Van Nest explained to the audie,7ce the Westonka Area Chamber of Commerce Member of_ the Month Award that had been presented to the City. Mayor Van Nest thanked the employees pr�:sent for their contributions to the earning of tlzis award . Those present included : City Planner Olsan, Chief of Police Kilbo, Assistant Chief of Police Burmaster , Finance Director Kuehn , Depi_ity Treasurer Lattin, Liquor Store Manager McGow�,� , Utilities Foreman Carlson, and Street Fareinan Brinkhaus. PUI3LIC HEARiNG Isl�nd' s Or�inance Mayor Van Nest announced that now was the t� me and place for the public hearing concerning a proposed ordinance for zoning of Big Island , Mahpiyata Island , and Deering Island . City Clerk Strom presented the Affidavit of Publication. City Planner Olson presented .:he Certificate of Mailing . City Planner Olson explained the pr.�pa�;e�� ordinance outlining each item in the draft that was presented to residents of the islands that were in the audience. Mayor Van Nest infor,ned the audience that residents may make cor�ments toniqht or up until November 22, 1982 wh�n th2 ordinance will be adopted . City Planner Olson explained that a conditional use permit was required if a person lived on t.he island year-around and other uses that req�iire a conditional use permit. Citizens were concerned about the 120 days ' �k�GULAR MEETING OF THE ORONO COUNCIL, OCTOBER 25, 1982 Page 2 pr.ovision to occupy a family residence. It was determined that 18� days would be more appropriate. Discussion also included sprink- ler systems and other types of fire extinguishers. City Planner Olson explained that a resident had five years to install a system or to have extra water available in case of fire. Mr . Roy Ahern, Big Island , stated that he has a winterized hom� on Big Island and uses it on weekends from April to November . Mr . Ahern also inquired if all e:tisting homes are grandfathered in. Mayor Van Nest answered "yes , everything that is listed in the ordinance" . Mr. Ahern was in£ormed that he would need a conditional use permit to use his seasonal home year-around . Mr . Joe Backes , Minnetonka , stated that 120 sq. ft. for a scree� house is too small . It was determined that 30P1 sq. ft. would be more appropriate . The ty�pes of septic systems were discussed . Mr . Olson stated that the type of system depended on the length of time a resident lived in the home. R more elaborate system would be needed if the residence were used year-around . Mr. John Burch inquired if a residence burned down, could a person r�build at the same location. He was infornned that he could rebuild meeting setback regulations and conditions of the code. P�Iayor �Van Nest stated that the City Council would grant variances where required . Mayor Van Nest explained to the audience that � this proposed ordinance would be reviewed by the Planning Cammis�ion on November 15, 1982 for their recommendation and that this public hearing would be continu�d until November 22, 1982 for Council approval . At 7 : 51 P.M. , Mayor Van Nest recessed the public hearing until November 22, 1982 . Butler moved , Frahm seconded , that the public hearing be continued until November 22, 1982. Motion, Ayes (5) - Nays (0) . CONSENT AGENDA* Counci).member Hurr requested that items �3 and #11 be removed from the C onsent Agenda* . kEGULAR MEETING OF' THE ORONO COUNCIL, OCTOBER 25, 1982 Page 3 Butler moved , Frahm seconded , to approve the Consent Aqenda* , subject to removing items �3 and #11 , with all staff reports concerning items reviewe� at this meeting to be attached to the oriqinal copyof these minutes on file in the City C'lerk' s office . Motion, Ayes (5) - Nays (H) . I�INU'�ES Butler moved , Frahm seconded , to approve the Minutes of the Regular Meetinq of October 13 , 1982, as amended . Motion , Ayes (5) - Nays (0) . BEDERWOOD PARR* Butler moved , Frahm seconded , to approve Dick Benson ' s letter concerning Bederwood Park , dated October 21 , 1982, that was mailed to the baseball coaches and Park Commission members. Motion, ayes ( 5) - Nays (0) . LMCD REPORT No comMents regarding the Lake Minnetonka Conservation District report. PL,ANPJ ING COMMI SS I ON � No comments from Planning Commission Re- presentative Goetten. Pt7BLI^ COMMENTS No comments from the public present. FT�RK DEDICATIt�A1 FEES Schlee Builders Mr . F�ussell Fierst , Schlee Builders, Inc. , was present to discuss his request to change the park dedication fee requirements per hisletterdated Jctober 5 , 1982. ' Hurr moved , Adams seconded , to conceptually approve ths request of Russell Fierst, Schlee Builders , for a change in the park dedication fees. T!�e �mount to be $8 , 204 .90 minus the cost of fence materials. Motion, Ayes (5) - Nays (0) . RESOLtdTION �1428* Holly Acres Sutler moved , Frahm seconded , to adopt Resolution �14?_8, A Resolution Approving The Plat Of Holly Acres 2nd Addition, for Hildur Hollander , 250 Hollander Road. Motion, Ayes (5} - P�ays (0) . R�GULAR MEETING OF THE ORONO COUNCIL, OCTOBER 25, 1982 Page 4 RESOLUTION �1429* Rest Point Plat Butler moved , Frahm seconded , to ad�pt Resolution #1429, A Resolution Approving The Plat Of Rest Point, for Larry Langhans, 1366 Rest Point Road . Motion, Ayes ( 5) - Nays (01 . VARIANCE 2720 Pheasant Road �597 william Smiley Mr . & Mrs. Smiley, their son , and Mr . Hassell , their attorney, were �resent. h1r . Hassel presented the City �ouncil with a letter that he reviewed with them concerning the variance request for 272� Pheasant Road . Bruce Malkerson, City Attorney, entered into the record thatstaff recommended denial May3, 1982; and October 5, 1982, City Planner Olson recommended denial as documented in the City Planner ' s memo dated May 3 , 1982. Staff • has been directed to study and make recommendations for a propos�d ar�endrnent to the zoning code establishing new standards for determining the buildability of lots in common ownership; also , staff ht�s been asked to make a survey of the entire City in order to locate lots in common ownership and determine the effects of the proposed amendment change . Hurr moved , Adams seconded , to table the request for a variance of William Smiley, 2720 Pheasan� Road , at the request of the applicant and consented to by their attorney, Dick Hassel . Motion, Ayes (5) - Nays ( B) ,. VARIANCE 3545 Ivy Place �7H6 Anme Bu�lders of Wayzata Zoning Administrator Mabusth informed the City Council that Home Builders of Wayzata wish to have their request for a variance for 3545 Ivy Place tabled until the next Council meeting so that additional information can be made available. MINNETONRA pOWER SQUADRON Councilmember Hurr had questions concerning sealed tanks far the Minnetonka Power Squadron located at Big Island . REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 25 , 1982 Page 5 City Planner Olson stated that the sealed tanks for outdoor bathrooms do not meet the City standards. Currently, no health problemsexist but these tanks should be monitored for c'ontinued compliance . RESOLUTION �1438 1982 Dock License Minnetonka Power Squadron Hurr moved , Butler seconded , to adopt Resolution �143G� A Resolution Directing Staff To Issue An Amended Joint Use Dock License To Minnetonka Power Squadron Subject To Conditions Noted Herein For The Period Of October 25, 1982 . Motion, Ayes ( 5) - Nays (�) . MUNICIPAL WATER 770 Old Crystal Bay Road New Life Bible Church City Planner0lsonreviewed with theCity Council the request for municipal water service for the New Life Bible Church , 777 Old Crystal Bay Road . Mayor Van Nest moved , Frahm seconded , to table the request of the New Life Bible Church and request staff to check with the City of Long Lake for their approval . Motion, Ayes ( 5) - Nays (0) . TRAFFIC SIGNAL Blaine Ave. & Casco Point Road City EngineerCookreviewed with theCity Council the traffic report for Blaine Avenue and Casco Point Road from Hennepin County concerning a traffic signal at that location. The Hennepin County Department of Transportation has denied the request. ORONO-MEDINA-LONG LARE SEWER PROJECT City EngineerCookreviewed with the City Council the Orono-Medina-Long LakP Sewer Project stating that the sewer project is complete with the exception of minor restoration and the meter station control panel and should be in operation in two weeks. BURLING�ON-NORTHERN Permit Agreement & Fee Mayor V�n Nestmoved , Butlerseconded , toapprove the agreement and permit fee in the amount of $20.oJ for the first ten years and $1�10 for each ten years thereafter to Burlington-Northern for the �3?_-1 Sanitary Sewer . Motion , Ayes (4) - Nays (0) . Councilmember Hurr abstanied . e � REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 25, 1982 Page 6 82-1 EASEME�TS City Engineer Cooic stated that the City has all of the easements for Northern Avenue. City Attorney Malkerson stated that he is negotiating with a couple more residents . Mayor Van Nest moved , Butler seconded , to approve a change order for sewer project g2-1 , that easements will not be available until April 15, 1983 and the contractor releases Orono from any claim to the City due to the delay, subject to approvedlanguagebystaffandattorney, and that the quick take process be started . Motion, Ayes (5) - Nays (0) . CFIANGE ORDER Mayor Van Nestmoved , Butler seconded , to approve the change order for jacking 150 feet under trees south of Togo Road for the 92-1 Sewer Project . Motion, Ayes (5) - Nays (0) . BOND SALE 82-1 & 82-2 Mr . Pt�il Chenowith , Ehlers Financial Consult- ant, was presEnt concerning the bond sale for the Navarre sewer and water improvements . RESOLUTION #1431 Bond Sale 82-1 & 82-2 Butler moved , Adams seconded , to adopt Resolution �1431 , A Resolution Providing For The r_ssuance And Sale Of $475 ,000 General Obligation Improvement Bonds Of 1982, authorizing the Mayor to sign pending •the arrival of tl�e letter of credit from Schlee Builders, Inc . by October 29 , 1982, with the understanding that the publication of the advertisement for the bonc3s • bid can be cancelled prior to its antici�ated publication on November 5, 1982. Motion, Ayes (5) - Nays ; 5) . LA.FCE MIAiNETON[CA 1KAYOR�S MEETING MINUTES The City Council w�s presented with the minutes of the Lake Minnetonka Mayors Forum meeting of October 7 , 1982. NEXT TOWN MEETING Mayor Van Nest suggested that the Lake Minnetonka Mayors sponsor the next Town Meeting sometime after assessments are out to the residents , possbily sometime in May, 1983. � � R�GULAR MEETING OF THE ORONO COUNCIL, OCTOBER 25 , 1982 Page 7 CABLE TV MEETING Councilmember Butler reported that the next Cable TV meeting will be Thursday, November 4 , 198?_ at Tonka Bay. DELINQUENT ON-SITE FEES Butler moved , Frahm seconded , to approve a 10$ interestcharqeforallon-siteaccountsthat are to be certified to Hennepin County. Motion, Ayes (5) - Nays (0) . SALARY ADJUSTMENT* Thomas Jacobs Butler moved , Frahm seconded , to approve a salary adjustmentfor Tom Jacobs , Building Official , to $19, 674 . 44 per year , effective October 25, 1982. Motion, Ayes (5) Nays (0) . PUBLIC AUCTION* Butler moved , Frahm seconded , to approve a public auctian to be held on November 1� , 1982 , at 10: 00 A. M. for an abandoned auto . Motion, Ayes (5) - Nays (0) . NEW THOUGHT CENTER* Butler moved , Frahm seconded , to approve an informal meeting with Dorothy McClung , Department of Revenue , State of Minnesota , concerning the New Thought Center ' s tax status, on November 10 , 1982 at 9 : �0 A. M. Motion, Ayes (5) - Nays (0) . FALL CLEANUP REPORT� Butler moved , Frahm seconded , to approve the report concerning the fall cleanup day, October 16, 1982. Motion, Ayes (5} - Nays (b) . LIQUOR STORE REPORT* ' Butler moved , Frahm seconded , to approve the Liquor Store report dated October 22, 1982. Motion, Ayes (5) - Nays (@) . POLICE HOUSING* Butler moved , Frahm seconded , to accept the report concerning police housing presented by Dick Benson, City Administrator , dated October 22, 1982. Motion, Ayes (5) - Nays (0) . MAPLE PLAIN TREATMENT PLANT The City Council reviewed the information received concerninq the M�p1e Plazn Treatment Plant which includec� a letter from Barry Schade, Minnesota Pollution Control Agency, dated October 18 , 1982. ' � REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 25, �982 Page 8 NOERENBERG PARK The City Council was presented with ir�formation concerning the Capital Improvement Program regarding the Noerenberg Park, BILLS* Butler moved , Frahm seconded , that the All Funds Accounts and the Liquor Store Accounts , be pa�d . Motion, Ayes (5) - Nays (�) . EXECUTIVE SESSION The City Council went into an executive session at 10:45 P.M. ADJOURNMENT Butler moved , Frahm secondsd , t�iat the meeting be adjourned . Motion, Ayes (5) - Nays (�) . � � . � i�Jilliam B . Van Nest , M:�yor ~�� At t@ S t : ��t�C�v ��h .�CLt Lt�i Alberta M. Strom, City Clerk