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HomeMy WebLinkAbout01-10-1983 Council Minutes City of Orono 7:00 P.M. Regular Meeting of the Orono Council , January 10 , 1983 . The Orono Council met on the above date with the following members present : Mayor Mary Butler , Councilmembers , Hammerel , Frahm, Grabek and Adams arriving at 7 : 06 P.M. Also present : City Attorney Malkerson, City Administrator Benson , City Zoning Administrator Mabusth , Public Works Coordinator Gerhardson, and Deputy Clerk Woytcke . OATH OF OFFICE Deputy Clerk administered the Oath of Office to Mr . ,7ohn Hammerel , who was appointed to fill the vacancy that was created by the election of Mary Butler to Mayor . Mr . Hammerel ' s term will end December 1984 . PUBLIC HEARING PROPOSED ORDINANCE - OPEN BURNING . Mayor Butler at this time opened the Public Hearing regarding a proposed ordinance for open burning permits. Mr . and Mrs . Bernon McCoy of 1425 Bayridge Road , were present and stated he felt the City should allow people with 3 or more acres to burn their brush and leaves without having to pay someone to haul these away at a great expense . Mayor Butler explained to Mr. and Mrs. McCoy that this is not a City ruling but the Pollution Control Agency and state law. Mayor Butler then read the proposed ordinance and Deputy Clerk Woytcke presented the Affidavit of Publication. Councilmember Frahm moved , Councilmember Adams seconded to adopt the PCA Ordinance, stating no fee should be charged to citizens. Motion , Ayes (5) - Nays (0) . The Public Hearing was then closed at approximately 7 : 14 P.M. CONSENT AGENDA* Mayor Butler moved , Councilmember Frahm seconded REGULAR MEETING OF THE ORONO COUNCIL , JANUARY 10 , 1983 Page -2- that items �4 , #22, #9, #ld and #11 be removed from the ConsentAgenda* . Motion, Ayes (5) - Nays (0) . Mayor Butler moved , Councilmember Adams seconded , to approve the Consent Agenda* , subject to removing items , #4 ,#22,#9 ,#10 and #11 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 (5) - Nays (0) . MINUTES* Mayor Butler moved , Councilmember Adams seconded , to table the minutes of the December 30th meeting due to the fact there were a few punctuation corrections needed. Motion, Ayes (5) - Nays (Q) . PARK COMMISSION COMMENTS None LARE MINNETONRA CONSERVATION DISTRICT REPORT None PLANNING COMMISSION COMMENTS Mr . Charles Kelley was present to represent the Planning Commission. Mr . Kelley stated that he hoped the year to come would be a good year for the council and the commission. PUBLIC COMMENTS None �582-H.R. JOHNSTON 935 Willow Drive South Final Subdivision Mr . C. Steven Wilson, attorney representing Mr . H.R. Johnston was present . Councilmember Frahm moved , Councilmember Grabek seconded , to table this matter until the next meeting so that the purchase agreement could be reviewed by the City Administrator and the new members of the Council . Motion, Ayes (5) - Nays (01) • #555-RICBARD SPEETER 659 Minnetonka Highlands Lane After-the-Fact Conditional Use Permit Mayor Butler moved , Councilmember Hammerel seconded to table action on this after-the-fact REGULAR MEETING OF THE ORONO COUNCIL , JANUARY 10 , 1983 PAGE-3- variance pending the appearance of the Planner to support the findings in the subject resolutions and the pertinent sections of the Comprehensive Plan. This application to be tabled until the February 14 , 1983 meeting . Motion, Ayes (5) - Nays (0) . �665-RICHARD SPEETER 659 Minnetonka Highland Lane Conditional Use Permit Resolution Councilmember Adams moved , Councilmember Frahm seconded to table action on this conditional use permit resolution and the conditional use permit fordredging pending an appearance of the Planner to support the findings in the sUbject resolution and the pertinent section of the Comprehensive Plan. This to be tabled until the February 14 , 1983 meeting . Motion, Ayes (5) - Nays (0) . #700-THOMAS VICRERMAN 679 Minnetonka Highlands Lane After the fact Conditional Use Permit Mr . Tom Vickerman and Mr . Gary Phleger his attorney were present. Zoninq Administrator Mabusth reviewed the After the fact Conditional Use permit application with the Council . Mr . Vickerman stated that when he moved into the house the area that shows up as the sta i rway was a natural drain for his backyard , and the upper portion of Mtka. Highland Lane. There was a gully there and it was the natural place to put the stairway and that is where it was put when the original steps down to the lake were built and there was a permit for that from the village . At this time Mr . Vickerman stated they used 8 X 8 timbers for the stair treads and for the pads Mr . Vickerman used binder rock and that was approved by the city. Every time it rained all the binder rock would wash out of the steps and drain into the lake . Mr . Glen Nedemeyer ,who lives two houses away from Mr . Vickerman, stated he would like to inform the Council in favor of Mr . Vickerman that the water used to drain into this area , it was a steep embankment drop off to the lake . The entire development used to drain into this area which caused a washout . When they put the street in REGULAR MEETING OF THE ORONO COUNCIL , JANUARY 10 , 1983 PAGE-4- that changed the water flow and it now runs down the street into the storm sewer . This area being the low point at the time had washed out and so there was this gully and originally Mr . Vickerman put this stairway in that was constructed of railroad ties with the rocks as he stated that washed into the lake and it caused a safety hazard and at least 3 times Mr . Nedemeyer stated he saw someone fall . The water still goes to the low point which is the stairway and it does run right down the steps , so what ever is there has to take the wear and abrasion of water . Councilmember Frahm stated that this could be terraced down and the steps raised above the ground and terrace it down. Councilmember Grabek at this time stated that he felt council has not had ample time to review this matter , and Mayor Butler stated that she has not had the opportunity to look at the property. Mayor Butler moved , Councilmember Hammerel seconded to table this matter until the City Council can indeed look at this property, and have the City Engineer to once again review the grade on the street. Motion, Ayes (4) - Nays ( 1) Councilmember Grabek voting nay. �7H6 HOME BUILDERS OF WAYZATA 3545 Ivy Place - Variance Mr . Doug K1 int was not present to represent Home Buildiers Because this item had been tabled 3 times in the past , and with assurance from staff that Mr . Klint had been informed of this meeting , council determined that due notice had been given and that they would act on this item. Zoning Administrator Mabusth reviewed with the council the Variance application with the council . Councilmember Frahm moved and Councilmember Grabek seconded to conceptually deny this variance application and to direct staff to draft a resolution of denial , to be sent to the applicant prior to the Council meeting for review. Motion, Ayes (5) - Nays (0) . �711 RAYMOND RLOSS 3775 Togo Road Preliminary Subdivision Mr . Raymond Kloss was present. Zoning REGULAR MEETING OF THE ORONO COUNCIL , JANUARY 10 , 1983 PAGE-S- Administrator Mabusth reviewed with the council the subdivision application. Mayor Butler moved , Councilmember Adams seconded to approve the preliminary subdivision of Mr . Raymond Kloss at 3775 Togo Road subject to the conditions set by the Planning Commission stated as follows : 1 . Dedication of right of way for Northern Avenue - maximum width of 30 ' . 2. Dedication of utility easementfor water line that intersects the Kloss property. 3. Approval of one additional water unit to the pro perty. 4 . Payment of Park Dedication fee in the amount of $880-two lots at $440. each . Motion, Ayes (5) - Nays (0) . �712 JAMES R. HARTZELL 2987 Casco Point Road Preliminary Subdivision Zoning Administrator Mabusth reviewed this application with the Council . Mayor Butler moved , Councilmember Hammerel seconded to approve the three-lot plat of James Hartzell finding that all lots meet the standards of the LR-1C zoning district and to approve the existing hardcover variance of 9� on Lot 1 created by the tennis court; and to further advise any future owner that if the lot is to be built on, no variance to the standards of the LR-1C zone will be approved and would involve removal of the tennis court. Such approval is subject to the following conditions : 1. City to approve sewer and water service for Lo t 1 . 2. Payment of park dedication fee for Lot 1 at $440. 3. Dedication of additional right of way for Casco Point Road . 4 . Lot 1 is not riparian to Lake Minnetonka and the City will not approve any private easements granting riparian access to Lot 1. Motion, Ayes (5) - Nays (A) . REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 10 , 1983 PAGE-6- #701 WILLIAM GREGORY/DAVID DUFF � 1410 & 1420 Shoreline Drive Subdivision Mr . Larry Berg attorney for the Gregory' s and the Duff' s was present. Zoning Administrator Mabusth reviewed this application with the Council . Councilmember Adams moved , Councilmember Hammerel seconded to direct staff to call for a public hearing for the vacation of Bracketts Ave . to include that unused portion of the original road platted in the Plat of Orono . This portion would incude the unauthorized parking area known as Mollie' s Corner . A formal vacation applic- ation must be filed with the City at a fee of $20�. A legal description of the portion to be vacated must be included with the application. The City must be in receipt of the complete application 21 days before the scheduled public hearing date to allow for publication of the hearing notice. This public hearing to be set for February 7, 1983 or at the very earliest possible date Motion, Ayes (5) - Nays (0) . PHILIP G. BRADLEY 4075 Oak Street Abatement of Sewer Assessments Resolution #1450 Mayor Butler moved , Councilmember Frahm seconded to approve abatement of the sewer assessments for Mr . Philip Bradley by Resolution �1450 in the amountof $1 ,800.89. Motion, Ayes (5) - Nays (0) . CITY ENGINEER'S REPORT None MAYOR'S REPORT Mayor Butler reviewed with the council the survey sent out by the League Of Minnesota Cities. She stated that some points of this survey did indeed affect the City of Orono. Each member of Council has a copy of the survey in their packet and she advised it would be a good idea for them to read it . Mayor Butler also asked City Administrator to indicate to the League the City' s interest in this survey. REGULAR MEETING FO THE ORONO COUNCIL , JANUARY 10 , 1983 PAGE-7- CABLE T.V. REPORT Mayor Butler stated the cable T.V. meet•ing would be ,7anuary 11 , 1983 at 5: 30 P.M. at the Shorewood City Hall and anyone interested should attend . TRANSPORTATION REPORT None *SUMMARY OF RECEIPTS, DISBURSEMENTS & BALANCES - NOVEMBER, 1982 Mayor Butler moved , Councilmember Frahm seconded to accept City Finance Director ' s Report regarding the Summary of Receipts, Disbursements & Balances for November 1982. Motion, Ayes (5) - Nays (0) . *SUMMARY OF RECEIPTS, DISBURSEMENTS & BALANCES FOR JANUARY-NOVEMBER 1982. Mayor Butler moved , Councilmember Frahm seconded to accept City Finance Director ' s Report regarding the Summary of Receipts, Disbursements & Balances for January through November 1982 . Motion, Ayes (5) - Nays (0) . *CITY INSURANCE DESIGNATION Mayor Butler moved , Councilmember Frahm seconded to accept City Administrator Benson memo stating the Home Insurance Company represented by Youngdahl and Associates will cover the City of Orono for all premiums for 1983 . Motion, Ayes (5) - Nays (0) . *SALARY ADJUSTMENTS - 1983 Mayor Butler moved , Councilmember Frahm seconded to accept City Administrator Benson' s memo regarding the salary adjustments for the three positions of City Clerk , Finance Director , and Liquor Store Manager . Motion, Ayes (5) - Nays (�1) • *PETER WATSON LETTER 12/30/82 Mayor Butler moved , Councilmember Frahm seconded to accept City Administrator Benson' s letter to Mr . Peter Watson dated December 30, 1982 in regard to the Molly' s Corner matter. Motion, Ayes (5) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL , JANUARY 10 , 1983 PAGE -8- *LETTER FROM TAD JUDE TOWN MEETING Mayor Butler moved , Councilmember Frahm seconded to accept the letter from Tad Jude State Senator regarding the Town Meeting . Motion, Ayes (5) - Nays (0) . *WILLIAM B. VAN NEST LETTER DATED 1/6/83 Mayor Butler moved , Councilmember Frahm seconded to approve City Administrator Benson' s letter to William B. Van Nest dated 1/6/83 . Motion, Ayes (5) - Nays (0) . *JO ELLEN HURR LETTER DATED 1/6/83 Mayor Butler moved , Counclimember Frahm seconded to approve City Administrator Benson' s letter to Jo Ellen Hurr dated 1/6/83 . Motion, Ayes (5) - Nays (0) . *JOHN AAMMEREL LETTER DATED 1/6/83 Mayor Butler moved , Councilmember Frahm seconded to approve City Administrator Benson' s letter to John Hammerel dated 1/6/83 . Motion, Ayes (5) - Nays (0) . *GEORGE ROVEGNO, JR. LETTER DATED 1/6/83 Mayor Butler moved , Councilmember Frahm seconded to approve City Administrator Benson' s letter to George Rovegno , Jr . dated 1/6/83 . Motion, Ayes (5) - Nays (0) . *J. DIANN GOETTEN LETTER DATED 1/6/$3 Mayor Butler moved , Councilmember Frahm seconded to approve City Administrator Benson' s letter to J. Diann Goetten dated 1/6/83 . Motion, Ayes (5) - Nays (0) . *LYNN ADAMS LETTER DATED 1/6/83 Mayor Butler moved , Councilmember Frahm seconded to approve City Administrator Benson' s letter to Lynn Adams dated 1/6/83 . Motion, Ayes (5) - Nays �0� . . , REGULAR MEETING OF THE ORONO COUNCIL , JANUARY 10 , 1983 PAGE-9- *PAUL TAYLOR LETTER DATED 1/6/83 Mayor Butler moved , Councilmember Frahm seconded to approve City Administrator Benson' s letter to Paul Taylor dated 1/5/83 . Motion, Ayes (5) - Nays (0) . *CHARLES RELLEY LETTER DATBD 1/7/83 Mayor Butler moved , Councilmember Frahm seconded to approve City Administrator Benson' s letter to Charles Kelley dated 1/7/83 . Motion, Ayes (5) - Nays (0) . *SANDY WELSH LETTER DATED 1/7/83 Mayor Butler moved , Councilmember Frahm seconded to approve City Administrator Benson' s letter to Sandy Welsh dated 1/7/83. Motion, Ayes (5) - Nays (0) . *LESTER RELLEY LETTER DATED 1/7/83 Mayor Butler moved , Councilmember Frahm seconded to approve City Administrator Benson' s letter to Lester Kelley dated 1/7/83. Motion, Ayes (5) - Nays (Q) . *BARBARA PETERSON LETTER DATED 1/7/83. Mayor Butler moved , Councilmember Frahm seconded to approve City Administrator Benson' s letter to Barbara Peterson dated 1/7/83. Motion, Ayes (5) - Nays (0) . *STATUS OF 1982 TAX COLLECTIONS AND STATE AID COLLECTIONS Mayor Butler moved , Councilmember Frahm seconded to accept City Administrator Benson' s memo regarding the status of 1982 tax collections and state aid collections. Motion, Ayes (5) - Nays � R��ULAR MEETING OF THE ORONO COUNCIL, JANUARY 10 , 1983 PAGE -10- CITY ATTORNEY'S REPORT None *LICENSES Mayor Butler moved , Councilmember Frahm seconded to approve the following licenses. Motion, Ayes (5) - Nays (�) . 1 . Bergerson-Caswell , Inc . - Well Driller 2. E. H. Renner & Sons, Inc. - Well Driller 3 . Shore Plumbing & Heating - Plumbing 4 . Standard Plumbing & Appliance Co. - Plumber 5. McGuire Mechanical Services - Plumber 5. Gerry' s Plumbing - Plumber 7. Thompson Plumbing Co . - Plumber - Septic System Installer . 8. Stant Plumbing - Plumber 9 . Sullivan Service - Septic System Installer 10. Voss Plumbing & Heating of Mn. - Plumber 11 . Westonka Plumbing & Heating - Plumber - Septic System Installer . 12. Murphy Plumbing & Heating - Plumber 13. Southtown Plumbing - Plumber 14 . Earl W. Day & Sons , Inc . - Plumber *BZLLS Mayor Butler moved, Councilmember Frahm seconded that the All Funds Accounts and the Liquor Store Accounts be paid . Motion, Ayes (5) - Nays (0) . ADJOURNMENT Mayor Butler moved , Councilmember Frahm seconded that the meeting be adjourned at 9: 44 P.M. . Motion, Ayes (5) - Nays (0) . C Mary C. B t er, Mayor ATTEST: . andi Woytcke,Depu Cler