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Home My WebLink About02-28-1983 Council Minutes City of Orono 7: H0 P.M. • Regular Meeting of the Orono Council , February 28 , 1983 � The Orono Council met on the above date with the following members present : Actinghtayor Frahm, Councilmembers Adams , Grabek , and Hammerel . Abs�nt : Mayor Butler . Also present : Zoning Administrator Mabusth , City Planner Olson, City ,�ttorney Malkerson, Planning Commission Repre- sentative McDonald , City Administrator Benson, and City Clerk Strom. POLICE OFFICER AWARD Mr . Lynn Zumbrunnen, t�]WSI , was present to present the Police Officer of the Month award to Officer J . Marc Fritzler for outstanding police work in solving a $3ti,�Q0 crime before the crime was even reported . Mr . Zumbrunnen thanked Chief of Police Kilbo for nominating Officer Fritzler . CONSENT AGENDA* Councilmember Adams moved , Acting Mayor Frahm seconded , toapprovetheConsentAgenda* 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 (�J) . MINUTES* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve the Minutes of the Regular Meeting of February 14 , 1.9R3 . Motion , Ayes (4) - Nays (?�) . EXECUTIVE SESSION N[INUTES* � Councilmember Adams moved , Acting Mayor Frahm seconded , toapprovetheMinutesof the Executive Session meeting of February 18 , 1983 . Motion, Ayes (4) - Nays (�J) . PARK COMMISSION COMMENTS Pdo comments from the Park Commission. LAKE MINNETQNRA CONSERVATION DISTRICT REPORT No report from the Lake Minnetonka Conservation District representative. REUULAR ME�TING OF THE ORONO COUNCIL, FEBRUARY 28 , 1983 Page 2 PLANNING COMMISSION COMM�NTS No comments from Planninq Commission Repre— sentative McDonald . • MAPLE PLAIN TREATMENT PLANT Alan Olson, City Planner , reviewed with the City Council the public notice from the Minnesota Pollution Control Agency concerning the Maple Plain Treatment Plant stating that the Agency requires theMPTPtodiscontinuethedischarge by August 31 , 198h . Mr . Olson stated that former Mayor W. B. Van Nest was present to discuss this item. Mr . Van Nest stated that this project is just carrying on the master plan that was developed in the early 19tit� ' s that was based on population projections in getting all the sewage plants on the interceptor in the lake area . Maple Plain Treatment Plant is the last one that still discharges into the Lake. It discharges to ,7enning ' s Bay and I think that the impact of putting an interceptor through this undeveloped part of the watershed is going to eventually lead to heavy urbanization and is going to put more of a load into the watershed than leaving the plant on line. It seems to me that we should demand that some phosphorous removal equipment be put in immediately to bring the plant up to standards . PCA �s talking about postponing this until 198ti , when the plant was supposed to have been upgraded in the early 19�0 ' s and now it is the early 198f� ' s and we still do not have a plan. I thing we should request a hearing and state the City' s position to install the phosphorous equipment and have it reviewed in 198ti . I believe that M�_nnetrista is against the interceptor ; also the Gray' s Freshwater Biological Institute feels that it is incredible to spend a couple of million dollars to build an interceptor to remove this small amount of phosphorous that is coming out of that� plant . The 201 study done by the Metropolitan Waste Control Commission was a very poor study. My fear is that once a sewer is put in down Highway #12 , the City of Orono would be hardpressed to maintain the rural atmosphere when the MWCC says "sure , we can make room for you" to developers. The 2G78 study recommended upgrading the plant and to leave it on line. I recommdend that we request the Lake Minnetonka Conservation REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 28 , 1983 Page 3 District , the Minnehaha Creek Watershed District , Minnetrista , and Gray' s Freshwater Biological Institute to support Orano in recommending temporary phosphorus , removal equipment to be installed and to restudy the situation in ] �8ti. Acting Mayor Frahm moved , Councilmember Adams seconded , to direct staff to respond that Orono does want a public hearing , that phosphorous treatment equipment be installed as soon as possible and to request documentation from the Lake Minnetonka Conservation District , Minne- haha Creek Watershed District , Minnetrista , and Gray' s Freshwater Biological Institute to support Orono in upgrading the Maple Plain Treatment Plant. Motion, Ayes (4) - Nays (D) . BIG ISLAND BILL FOR AN ACT Alan Olson, City Planner , informed the City Council of a Bill for an Act to establish a board of governors for the Big Island Veterans Camp and the possibilities of private or public sale of the property. Former Mayor Van Nest described the conditions of the Veterans Camp s�ating that the camp is very run down and that it would require several thousands of dollars to bring the cabins and main dining-room up to code. Mr . Van Nest stated that he approves of the camp being used for veterans and their families provided that the hazardous conditions be brought up to code and that it be used for veterans , which it has not been used for in the past few years. Neither the State, the Veterans , nor Orono has the necessary funds to bring the camp up to code. The State has determined that only a few veterans have been using the camp in recent years. Last year it was leased to a group of people to operate it who had been going out there . Mr . Van Nest stated that the transfer of title condition in the bill is his main concern. The Board of Governors can lease it to any group, transfer it to a governmental unit at a nominal cost for park and recreational uses or sell the property to in�erested public or private organizations at full market value , which me�ns that a developer could purchase the property and come to the City of Orono and try to break the new zoning code for the island . I feel that Orono should put some pressure on the leaislature to REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 28 , 1983 Page 4 inform them that Orono does not object to the Veterans Camp provided that it be brought up to code and if the veterans cease to use it as a veterans camp, that the property be transferred to the Hennepin County Park Reserve for use as a metropolitan regional park . Veterans of the State of Minnesota paid for the park some years back for the convalescence of veterans . I hope that the City of Orono takes a strong position against the veterans using the camp until it is brought up to code and also against the selling of the property. I think that the Lake Minnetonka Task Force Committee should also check into this bill . Acting Mayot Frahm moved , Councilmember Hammerel seconded , to request staff to draft a letter to Senator Gen Olson, Representative John 8urger , and RepresentativeTade Judetoarrange a meeting to discuss the concerns of Orono regarding the bill for an act that is before the legislature. Motion, Ayes (4) - Nays (�) . CDBG PUBLIC HEARING* Councilmember Adams moved , Acting Mayor Frahm seconded , that a publyc hearing concerning the Community Development Block Grant Funds be held on Monday, March 14 , 1983 . Motion, Ayes (4) - Nays (�J) . PUBLIC COMMENTS No comments from the public present. RESOLUTYON �1458 CONDITIONAL USE PERMIT 659 Minnetonka Highlands La. RICHARD SPEETER - #556 Councilmember Adams moved , Councilmember Hammerel seconded , to adopt Resolution #1458 , A Resolution Approving A Conditional Use Permit And Denying An After The Fact Conditional Use Permit And Variance For Richard Speeter For Certain Lakeshore Improvements On His Property Legally Described As Lot 2, Block 2, Minnetonka Highlands Estates . Motion, Ayes (4) - Nays (0) . RESOLUTION #1459 SUBDIVISI�N 245 Old Crystal Bay Road SCOTT GOLDSMITH - �653 Acting Mayor Frahm moved , Councilmember Adams seconded , to adopt Resolution #1459 , A Resolution Approving The Plat of Claire Addition. Motion, Ayes (4) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 28 , 1983 Page 5 RESOLUTION �14�0 SUBDIVISION 2145 Sixth Avenue North . DANYEL MC PHERSON #713 Councilmember Hammerel moved , Councilmember Grabek seconded , to adopt Resolution #14ti0 , A Resolution Approving A Metes And Bounds Subdivision Application And Lot Line Rearrange- ment For Daniel G. McPherson. Motion, Ayes (4) - Nays (0) . SUBDIVISION 3580 BAYSIDE ROAD VICTOR NORTON - �715 Zoning Administrator Mabusth reviewed with the City Council the request for a metes and bounds subdivision for Victor Norton, 35�C� Bayside Road . Mr . & Mrs. Norton and Mr . Balgaard were present . Zoning Administrator Mabush explained that there are three riparian outlots only and lock- boxes are the only structures allowed . Acting Mayor Frahm moved , Councilmember Grabek seconded , to request staff to draft a resolution approving the subdivision per the Planning Commission recommendations of January 17 , 1983 . Motion, Ayes (4) - Nays (�1) . VARIANCE 9?_5 WILLOi� DRIVE SUUTH DOUG DEMALIGNON - �720 Mr . & Mrs. deMalignon , 925 Willow Drive South , were present to discuss their request for an after-the-fact variance. Acting Mayor Frahm moved , Councilmember Adams seconded , to request staff to draft a resolution approving a six foot trellis per the Planning Commission recommendations , except to permit the trellis to extend up to their garage, to be reviewed in one year with automatic approval if satisfactory, for poug deMalignon, 925 Willow Drive South. Motion, Ayes (4) - Nays (0) . RESOLUTION �1461 745 SPRING HILL ROAD THOMAS CROSBY - �718 Councilmember Adams moved , Acting Mayor Frahm seconded , to adopt Resolution #14h1 , A Resolution Approving A Metes And Bounds Subdivision For Thomas M. Crosby. Motion, Ayes (4) - Nays (�1) . REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 28 , 1983 Page 6 RESOLUTION �.1�Fi2 TAX FORFEIT LANDS PRIVATE SALE � Acting Mayor Frahm moved , Councilmember Grabek seconded , to adopt Resolution #14h2, Tax Forfeited Lands Released For Private Sale To Adjacent Owners . Motion, Ayes (4) - Nays (H) . RESOLUTION �14�3 TAX FORFEIT LANDS CITY RETAINED Acting Mayor Frahm moved , Councilmember Grabek seconded , to adopt Fesolution #14ti3 , Requesting Conveyance Of Tax Forfeit Land For Public Use By The City Of Orono . Motion, Ayes (4) - Nays ((�) . CABLE TV REQUEST FOR PROPOSALS* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve the Cable TV Request for Proposals , Draft II . Motion, Ayes ( 4) - Nays (�) . CONTRACT EXTEY�SION MICHAEL GAFFt20N* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve the contract extension for Michael Gaffron, Septic System Manager , to $14 .0P1 per hour . Motion, Ayes (4) - Nays (0) . 19�32 LIQUOR STORE REPORT STAT� OF MINN�SO�A* Councilmember Adams moved , Acting Mayor Frahm seconded , toapprovethe1982LiquorStore R�port to be published according to Minnesota Statutes . Motion, Ayes (4) - Nays (O1) . 1982 GOLF COURSE REPORT* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve the Golf Course Operating Results for 1982 prepared by Tom Kuehn, Finance Director , dated February 23 , 1983 . Motion, Ayes (4) - Nays (f�) . PAYMEIdT �1* VALLEY PAVING f�2-2 Councilmember Adams moved , Acting Mayor Frahm seconded , to approve Payment #1 to Valley Paving for Project 82-2 in the amount of $1 ,870 . 31 . Motion, Ayes (4) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 28 , 1983 Page 7 PAYMENT �3* NODLAND ASSOCIATES 82-1 Councilmember Adams moved , Acting Mayor Frahm seconded , to approve Payment #3 to Nodland Associates for Project 82-1 in the amount of 58 , 383 .84 . Motion, Ayes (4) - Nays (Q) . EQUIPMENT PURCHASE* ELLIOTT/DANIELS PARR Councilmember Adams moved , Acting Mayor Frahm seconded , to approve the purchase of playground equipment for the Elliott/Daniels playground per Public Works Coordinator John Gerhardson ' s memo dated February 1Q , 1983 . Motion, Ayes (4) - Nays (�1) . RESOLUT30N �14fi4* INVES'TMENT TRUST FUND Councilmember Adams moved , Acting Mayor Frahm seconded , to adopt Resolution #14h4 , A Resolution To Establish A Pooled Investment Trust Fund . Motion, Ayes (4) - Nays (Ql) . EFdlPLOYMERIT* PART-TIME LIQUOR STORE Councilmember Adams moved , Acting Mayor Frahm seconded , to approve the part-time employment of Robert Johns at 53 . 75 per hour . Motion, Ayes (4) - Nays (0) . I & I* FINAL PAYMENT Councilmember Adams moved , Acting Mayor Frahm seconded , to approve the final payment to Bonestroo , Rosene , Anderlik & Associates in the amount of $2,89ti. 27 for the Infiltration/Inflow Analysis Program. Motion , Ayes (4) - Nays (0) . ORDINANCE N0. 248 LIQUOR AMENDMENTS Councilmember Hammerel moved , Acting Mayor Frahm seconded , to adopt Ordinance No . 248 , An Ordinance Amending Chapters 40 And 42 Of The MunicipalCode Of Orono Relating To Intoxicating And Non-Intoxicating Malt Liquor Licenses . Motion, Ayes (4) - Nays (P1) . MOLLY'S CORNER The City Council was presented with a second public hearing notice concerning Molly' s Corner parkinq area to be held March 21 , 1983 before the Orono Planning Commission. REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 28 , 1983 Page 8 City Attorney Malkerson reported on the meeting with Alan Olson , John Gerhardson, and Larry Berg , attorney for Mr . Gregory. Mr . Berg stated that he would submit in writing a summary o£ what the Gregorys wanted to ac�omplish to be in the City office by Friday, February 26. 1983 . (The summary did no't arrive) Alan Olson , City Planner , stated that Mr . Berg said that the Gregorys would be willing to work with the City for a solution that would be agreeable to all . The City Council felt that the problem would not go away if there were anything else done with the property except a controlled and properly maintained parking lot. Discussion included the status of the railroad ; a privacy fence to protect the Gregorys; services , maintenance , and control . Councilmember Hammerel moved , Councilmember Adams seconded , to approve the letter from Louis B. Oberhauser concerning the vacation of public property, Molly' s Corner , dated February 11 , 1983 . Motion, Ayes (4) - Nays (0) . LICENSES* Councilmember Adams moved , Acting Mayor Frahm seconded , that the following licenses be approved : Motion , Ayes (4) - Nays (0) . Donahue Plumbing & Heating - Plumber Leo ' s Plumbing & Heating - Plumber The Plumbing Place, Inc. - Pl��mber Robert Thoen Plumbing - Plumber Rogers Well Company - Well Driller Stevens Well Drilling Company, Inc . - Well Driller Robert E. Stodola Well Company - Weli Driller CIGARETTE LICENSE Don Scherven - Navarre Bowling Lanes BILLS� Councilmember Adams moved , Acting M�yor Frahm seconded , that the All Funds Accounts and the Liquor St�re Accounts, be paid . Motion, Ayes (4) - Nays (0) . REGULAR MEETTNG OF THE ORONO COUNCIL, FEBRUARY 28 , 1983 Page 9 ADJOURNMENT Acting Mayor Frahm moved , Councilmember Adams seconded , that the regular meeting be adjourned at 8 : 5� P.M. and that the Council Chambers be cleared for an executive session to discuss matters in litigation. Motion , Ayes (4) - Nays (�) • � ' Thomas Frahm, Acting Mayor Attest : � � �, `"� � �� Alberta M. Strom, City Clerk