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Home My WebLink About05-09-1983 Council Minutes • � ' k { 'i � CITY OF OROr10 7 : f�l� P.M. Regular Meeting of_ the Orono Council , May 9 , 1983 . The Orono Council met on the above date with the fol_lowing members present : Mayor Butler , Councilmembers Frahm, Grabek , Adams and Hammerel . Also present : City Planner Olson , Zoning Ac3ministrator Mabusth , City Deputy Clerk Woytcke , Planning Commission Memb�rs , Sime and Rovegno . City Attorney Malkerson and City Administrator Benson arrived shortly after 7 : 15PM. CONSENT AGENDA* Councilmember Frahm moved , Councilmember Hammerel seconded to remove item �2l from the Consent Aqenda* . Motion , Ayes ( 5) - rlays (�1) . Councilmember Frahm moved , Councilmember Ha.mmerel seconded to approve the Consent Agenda* , subject to removinq item #2]. , with all staff reportsconcerning items reviewed at thismeeting to be attached to the oriqinal copy of these minutes on file in the City Clerk ' s Office . Motion, Ayes (5) - Nays (�1) . MINUTES* Councilmember Frahm moved , Councilmember Hammerel seconded to approve the Minutes of the Reqular meeting of April 2.5 , ]_983 . Motion , Ayes ( 5) - Nays (0) . PARK COMMISSION COMMENTS No comments from Par1c Commiss�_on . LAKE MINNETONRA CONSERVATION DISTRICT REPORT No comments from the LMCD representative. PLANNING COMMISSION COMMENTS No comments from Pl�nning Commission represent- ative George Rovegno . � REGULAR MEETING OF THE ORONO COUNCIL, MAY 9, 1983 PAGE -2- PUBLIC COMMENTS No comments from the public . #701 & �72� MOLLY'S CORNER RESOLUTION �1482 City Planner Olson discussed with counci.l the proposed resolution drafted according to direction from the council at the last meeting . Larry Berg the attorney for the Gregory' s was present and ha� comments regarding this reso_lution . Council in the discussion commented on a few changes to be made in the reso].ution language . l . Page 5 of the resolution #14 . Omit the phrase ( formerly County Road No . 7 . 2 . Page 15 , item 3c : The survey date is May 5 , 19F33 ; with additional minor adjustments to be made as discusse� by Berg and Olson concerning road easement width and centerline location along the Duf_f_ property, and to verify that the Duff lot 2 has 2 acres . 3 , page 15 , item 4 to read as follows : The City hereby agrees th�t there shall not be permitted to be any bo�t launching , ramp or facility anywhere on these lakeshore outlots , but that there shall be no other deed restrictions thereon except that the City will not sell or lease the property to the DNR or others nor construct any fishing docks or pier thereon without first hol.ding a public hearing concerning same . It was noted for the record that there may need to be modifications mac3e in certain details or legal documents in order to effect the intent of this resoluti.on and that all this wi_17. be worked out before final approval . Larry Berg �lso questioned part of the resolution cal].ing for the city to receive clear title to �� the outlots . It was decided to leave these sections as written because this is what the intent of the city is , but that actual details of the deeding are to be worked out between the applicant ' s attorney and the city attorney when the time comes . REGULAR MEETING OF THE ORONO COUNCIL, MAY 9, 1983 PAGE -3- Larry Berg also stated to the council that he overlooked the charges that were being accrued by staff and the city attorney and wanted to discuss a compromise for the charges . Council noted that the charges so far amounted to at least $2 , 235 . 7PJ and that this was not the final total and that the City' s position is that all applicants pay the costs in�olved with their application and it should not be anydiff_erent for the Gregory applieation . The applicant signs on the application the day they apply th�t these charqes will be paid by them . Councilmember Frahm moved , Councilmember Hammerel seconded to adopt Resolution #1482 , A Resolution Reaffirminq Preliminary Plat Approval and Agreeing To Vacate Brackett Avenue Subject To Conditions Stated Herein , as amended . Motion , Ayes ( 5) - Nays (�) . �737 - ROBERT SCHNECK PRELIMINARY SUBDIVISION Zoning Administrator Mabusth reviewed this application with the Council . Mayor Butler stated that she had one problem with this application and that being she had a hard time finding the property. She asked Mr . Schneck to put some house numbers up not only for people interestPd in the property but the fact the rescue squad or fire departments could not find it . Councilmember Grabek moved , Mayor Butler seconded to approve the Preliminary Subdivision of Mr . Robert F. Schneck of 3155 Jamestown Road as per Planning Commission recommenclations as follows : l . Payment of Park Fee in the amount of S2.C�C1 per current fee schedule �� 1 two-acre lot @ 52�1�J . 2. Access construe:tion to Lot 2 must be reviewed hy City staff at time building permit is issued . 3 , New owner of Lot 2 must now p�rticipate in the upkeep and maintenance of Jamestown Road - developer must draft re��ised documents to assure this is done . Copies should be submitted to the City . 4 . Wetlands to be designated as drainage easementsand described with anglesand bearings . Conservation and Flowageeasementtobefiled with new plat . REGULAR MEETING OF THE ORONO COUNCIL , MAY 9 , 1983 PAGE -4- 5 . Applicant to resolve drainage prohlems and encroachment of driveway with owner of Lot l , Liberty Acres - resolution of problem prior to final plat approval . Motion , Ayes ( 5) - Nays ( �) . �738 - KZP NELSON 458� WATERT06�TN ROAD CONDITIONAL USE PERMIT Mayor Butler moved , Councilmember Adams seconded to table this application due to the applicant not being present . Motion , Ayes ( 51 - Nays ( �11 . #741 - WZLLIAM SINCLAIR 1350 CHERRY PLACE Zoning Administrator Mabusth reviewed this application with the Council . Mr . and Mrs . Sinclairwere presentregarding their applic�tion . Councilmember Frahm asked the Sinclairs about their boat house . What condition was it in? Mr . Sinclair stated that it was in gooc� condition , he does not keep a boat in the boat house but he does use it for storing all his .life jackets , etc . Frahm directed staff to inspect the boat house for structural st��bility. Frahm advised the appli- cants that if the structure is found in serious disrepair , staff must bring the report to council for action on the boat house . Mayor Butl_er moved , Councilmember Grabek seconded to approve the Variance and Conditional Use Permit of William Sinclair for 136�1 Cherry Place per the findinqs and conditions set by the Planning Commission and Staff as f_ollows : 1 . No increase in hardcover . ?_ . Lakeshore banks will now be at a grade for easier maintenance and decreases potential of erosion of lakeshore banks . 3 . No significantimpacton qualityand quantity of_ runof_f as a result of the proposed construction . � REGULAR MEETING OF THE ORONO COUNCIL, MAY 9 , 1983 PAGE -5- 4 . The proposed alteration does not affect the neighboring properties . 5 . The proposed plan will alleviate need to expand to the north and increase hardcover . CONDITIONS AS FOLLOWS: l . Staked hay bales with a fabric silt fence be used for erosion control during construction and until vegetation is established . ?. . Staff to be notified prior to second phase land alteration (lakeshore banks excavation) to assure proper erosion control devices have been insta.11ed . 3 . Staff to inspect boat house and if structure is in serious disrepair , the question of removal of said structure must be addressed by Council . Motion, Ayes (5) - Nays ((�) . #742 CRAIG OLSON CONDITIONAL USE PERMIT RESOLUTION �1483. Councilmember Grabek moved , Councilmember Adams seconded to adopt Resolution #1483 , A Resolution Establishing A Conditional Use Permit For Operation Of A Lawful-Nonconforming Use of Land , f_or Craig Olson , 1��7 Shoreline Drive . Motion , Ayes ( 5) - Nays (�i) . CITY ENGINEER'S REPORT No report from the City Engineer MAYOR'S REPORT Mayor Butler stated she had nothing to report at this time . CABLE TV REPORT None TRANSPORTATION REPORT Tione RESOLUTION �1484 ORONO GOLF COURSE City Administrator Benson reviewed Resolution �14fi4 with the Council and �nswered any questions they had regarding the transfer . REGULAR MEETING OF THE ORONO COUNCIL, MAY 9 , 1983 PAGE -6- Councilmember Frahm moved , Councilmember Hammerel seconded , to adopt Resolution #1484 , A Resolution Authorizing A Transfer of Funds From The Park Fund To The Golf Course Operating Fund . Motion, Ayes ( 5) - Nays (0) . *LETTER TO BRAD VAN NEST DATED 4-25-83. Councilmember Frahm moved , Councilmember Hammerel seconded , to approve City Administrator Benson ' s letter to Brad VanDlest regarding the cars with trailers parking on the April 23rd weekend . (Crappie Fishing Contest) . Motion , Ayes ( 5) - Nays ( 0) . *LETTER TO MAYQR BOB POLSTON DATED 4-29-$3. Councilmember Frahm moved , Councilmember Hammerel seconded , to approve City Administrator Benson ' s letter to Mound Mayor Bob Polston reqarding setting a date for a meeting regarding the Hennepin County #15 situation . Motion , Ayes ( 5) - Nays (0) . *MEETING WITH LONG LARE MAYOR ARTHUR KUNZE Councilmember Frahm moved , Councilmember Hammerel seconded , to aporove City Administrator 8enson ' s memo regarding the meeting with Mayor Arthur Kunze , Long Lake Councilmember Robin Hoseth and Park Commission member Roger Carlson regarding the management of the lake of Long Lake which is classified Public Waters . Motion, Ayes ( 5) - Nays (01 . *LETTER TO STEVE MAJOR DATED 5-2-83 Councilmember Frahm moved , Councilmember Hammerel seconded , to approve City Administrator Benson ' s letter to Mr . Steve Major dated 5-2-�i3 concerning the Maple Plain Wastewater Treatment Plant and it discharge to the Lake Minnetonka Watershed . Motion , Ayes (5) - Nays (0) . *LETTER TO PAULA MAJOR DATED 5-3-83 Councilmember Frahm moved , Councilmember Hammerel seconded , to approve City Administrator • � REGULAR MEETING OF THE ORONO COUNCIL, MAY 9 , 1983 PAGE -7- Benson' s letter to Mrs . Paula Major dated 5-3-83 concerning the Maple Plain Wastewater Treatment Plant . Motion , Ayes ( 5) - Nays (�) . *LETTER TO WAYZATA VOLUNTEER FIRE DEPARTMENT DATED MAY 3, 1983. Councilmember Frahm moved , Councilmember H�mmerel seconded , to approve City Administrator Benson ' s letter to the Wayzata Volunteer Fire Department concerning their invitation to attend the May 9 , ].9R3 annual Fire Department meeting . Motion, Ayes ( 5) - Nays (�1) . *LETTER TO WELDON DUNN DATED 5-4-83. Councilmember Frahm moved , Councilmember Hammerel seconded , to approve City Administrator Benson ' s letter dated 5-4-83 to Mr . Weldon Dunn regarding his request for controls at the Bederwood Park area . Motion , Ayes ( 5) Nays (0) . PLANNING AREt�1 4 CITIZEN ADVISORY COMMITTEE Councilmember Frahm moved , Councilmember Hammere]. seconded to accept the letter from the Plannin� Area Citizen Advisory Committee to Mayor Butlerdated 4-2�-83 regarding its April 19 , 1983 meeting . Motion , Ayes ( 5) - Nays ((�) . *MINNEHAHA CREEK WATERSHED DISTRICT Counci]_member Frahm moved , Councilmember Hammerel seconded to accept the Notes from April 7 , 1983 Advisory Committee Meeting regarding Painter Creek . Motion , Ayes ( 5) - Nays (Gl) . *CASHIN FOLLOW-UP Councilr�ember Frahm moved , Councilmember Hammerel seconded to approve City Administrator Benson ' s memo regarding the Cashin matter regarding the letter to Mr . Cashin from City Attorney Malkerson dated 5-4-83 . Motion , Ayes ( 5) - Nays (GI) . *LETTER TO .70HN FLAHERTY DATED 5-5-83 Councilmember Frahm moved , Councilmember Hammerel seconded , to approve City Administrator � REGULAR MEETING OF THE ORONO COUNCIL , r1AY 9 , 1983 PAGE -8- Benson ' s letter to Mr . John Flaherty dated 5-5-83 regarding his complaint relative to the dog kennels l.ocated at 35�5 Wayzata Boulevard . Motion , Ayes ( 5) - Nays (�1) . *SE�RING HILL LETTER DATF.D 5-3-8 3 Councilmer�ber Frahm moved , Councilmember Hammerel seconded to accept the letter dated 5-3- 83 to City Administr�tor Benson from the Spring Hill Center regarding their outdoor concerts in June and August . Motion , Ayes ( 5) - Nays ( �) . *NEW TERMINAL FOR LOGIS COMPUTER SYSTEM Councilmember Frahm removed this item from the Consent Agenda* as he felt the price of this system was astronomical and asked if the Word Process�r �,�e had would not tie into LOGIS . He felt �:o_�� _�s�,.~�'� shou�.3 b� c�_one before this purc'�a:�� w�.s �:d� . Counc. ilmer�ber Frahm moved , Councilmember Hammerel seconded to approve the purchase of the terminal for LOGIS Computer Syste:� . Motion , Ayes (41 - Nays ( 1) Councilmember Grabek votinq nay. His reason being he felt the council should not pass this since there is a question , we should �vait �nd find out more information to justify if the $2580 expenditure is f_easible . *YEAR TO DATE ESTIMATED REVENUES COMPARED TO ACTUAL REVENUES AS OF MARCH 31 , J.983 Councilmember Frahm moved , Councilmember Hammerel seconded , to accept Finance Director Tom �Cuehn ' s report regarding the Year to Date Estim�ted Revenues Compared to Actual Revenuesas of March 31 , ].9�3 . Motion , Ayes ( S) - Nays ( !�) . *ACTUAL FIRST QUARTER EXPENDITURE REPORT Councilmember Frahm moved , Councilmember Hammerel seconded , to accept Finance Director Tom Kuehn ' sreportregarding the Actual First Quarter F.xpen� itures . Motion , Ayes ( 5) - Nays (�1) . � REGULAR MEETING OF THE ORONO COUNCIL, May 9 , 1983 PAGE -9- *RESOLUTION �1485 HAZARDOUS BUILDING REMOVAL. Councilmember Frahm moved , Councilmember Hammerel seconded , to adopt Resolution #1485 , A Resolution Declaring Cost To Be Assessed , Ordering Preparation Of Proposed Assessment And Calling For A Public Hearing On The Proposed Assessment For Hazardous Building Removal . Motion , Ayes ( 51 - Nays (�) . ��'RUGRESS REPORT & COMPLAINT MEMO $?_-1 & 82-2 CONSTRUCTION PROJECT Councilmember Frahm moved , Councilmember Hammerel seconded , to accept Public Works Coordinator John Gerhardson ' s memo regarding the progress of the 8?_-1 & 82-1 sanitary sewer project and the memo reg�rding a complaint from a resident on Lyric Avenue . Motion, Ayes (5) - Nays (�) . *RESERVE OFFICER RESIGNATION CRAIG CLARK Councilmember Frahm moved , Councilmember Hammerel seconded , to accept the memo from Chief t<ilbo regarding the resignation of Reserve Officer Greg C1ark . Officer Clark accepted a part-time positin at the Wayzat_a Police Department . Motion , Ayes ( 5) - Nays (�) . *RESIGNATION - DEPUTY CLERK "�C`_'�CKE Councilmember Frahm moved , Councilmember Hammerel seconded , to accept the memo from City Administrator Benson regarding the resignation of Deputy City Clerk Sandi Woytcke effective June 3 , 1_983 . Motion , Ayes ( 5) - Nays (�) . ��'��II'ION RE-CLASSIFICATION I�flROTHY EIALLIN Councilmember Frahm moved , Councilmember Hammerel seconded , to accept City Administrator Benson ' s memo regarding the position re- classification of Dorothy Hallin and her salary adjustment 4o from 514 , 251 . 17 per year to $1.4 , 82]. . 21 per year effective May 9 , 1983 . Motion , Ayes ( 5) - N�ys (C�) . , , � � REGULAR MEETING OF THE ORONO COUNCIL, May 9 , 1983 PAGE-10- *SALARY ADJUSTMENT WAYNE QUAST Counci. lmember Frahm moved , Councilmember Hammerel seconded , to approve the memo regarding sal�ry adjustment for Wayne Quast Utility Mechanic . Wayne ' s salary 4�ill be adjusted from 59 . 85 per hour to S1�J . 4]_ per hour effective May 9 , 1983 . Motion , Ayes ( 5) - Nays (�]) . *SINGLE SEPARATE: COMMON OWNERSHIP LOT STUDY Councilmember Frahm moved , Councilmember Hammerel seconded to accept City Administrator Benson ' s memo regardinq the study of Single Separate : Common Ownership Lots that will be presented at the next council meeting . Motion , Ayes ( 5) - Nays ( �1) . *LICENSES Councilmember Frahm moved , Councilmember Hammerel seconded to approve the followinq licenses : 1 . LeVahn Brother , Inc . Plumbers ?_ . Edward C . Heins Plumbers 3 . City View Plumbing Plumbers 4 . Westonka Sanitation Garbage Haulers 5 . Blackowi�k & Son Garbage Haulers Motion , Ayes ( 5) - Nays (41) . *BILLS Councilmember Frahm moved , Councilmember Hammerel seconded , thattheAll FundsAccounts and the Liquor Store Accounts , be paid . Motion , Ayes ( 5) - Nays (f�) . ADJOURNMENT Councilmember Grabek moved , Councilmember Frahm seconded that the meetinq be adjourned at 9 : Q(� P.M. Moti.on , Ayes ( 5) - Nays ( �) . � , � REGULAR MEETING OF THE ORONO COUNCIL, MAY 9 , 1983 PAGE -11- ti ��t ��-- Mary C . � tler , ayor ATTEST: . Lil/ Mary S . Wo cke , Deputy ity Clerk