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Home My WebLink About05-23-1983 Council Minutes City of Orono 7:H0 P.M. Regular Meeting of the Orono Council , May 23 , 1983 The Orono Council met on the above date with the following members present : Mayor Butler , Councilmembers Frahm, Grabek , and Hammerel . Councilmember Adams arrived at 7 : 04 P.M. Also present : Zoning Administrator Mabusth , City Attorney Malkerson, City Administrator Benson, Planning Commission Member Sime, and City Clerk Strom. CONSENT AGENDA* Mayor Butler moved , Councilmember Grabek 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 (�) . MINUTES* Mayor Butler moved , Councilmember Grabek seconded , to approve the Minutes of the Regular Meeting of May 9 , 1983 . Motion, Ayes (4) - Nays (�) • PARK COMMISSION COMMENTS No comments from the Park Commission. LMCD REPORT JoEllen Hurr , Orono ' s Representative to the Lake Minnetonka Conservation District, was present to report on the activities of the LMCD. Hurr reported on the LMCD budget and informed the City Council of a fund raiser by the LMCD at Lord Fletchers on June 11 & 12 , 1983 . Hurr stated that the LMCD tabled the dock application for the Sandy Beach SYiores for clarification of the number of docks used in the past, which included four boats in the water and three boats on shore. Sandy BeachShoreswererequesting sevenslipsin the water . PLANNING COMMISSION COMMENTS Planning Commission Sime was present and stated that the Planning Commission was getting along just fine . REGULAR MEETING OF THE ORONO COUNCIL, MAY 23 , 1983 Page 2 PUBLIC COMMENTS JoEllen Hurrinformed theCity Council thattrees on her property at 930 Partenwood Road were being destroyed by beavers, Hurr stated that she has talked with the Department of Natural Resources concerning the problem and at their suggestion, she is requesting that the City Council grant permission for the use of leg.. hold traps to eliminate the problem. Councilmember Grabek moved , Mayor Butler seconded , to grant permission to JoEllen Hurr to use leg_ hold traps to eliminate the beaver problem at 93�! Partenwood Road . Motion, Ayes (5) - Nays (PJ) . RESOLUTION #1486 WAKEFIELD FARMS Bruce Dayton - �724 Councilmember Frahm moved , Mayor Butler seconded , to adopt Resolution #148h , A Resolution Approving The Plat Of Wakefield Farms Th i rd Add i t i on and to appr ove the name o f Ruann Road for the private road in the subdivision. Motion, Ayes ( 5) - Nays (�) . CONDITIONAL USE PERMIT 4580 Watertown Road Rip Nelson - #738 Zoning Administrator Mabusth reviewed with the City Council the conditional use permit request of Kip Nelson , 4580 Watertown Road . Mr . Nelson was present . Mr . Ne.lson explained his reasons for wishing to complete the exterior work for the second residence on his property which he lives in. The Planning Commission has denied the use of a guest house for the subject structure , which had been rented prior to 19?8 , which is a requirement of the five acre zoning district code that cloes not allow two structures on one property. The second structure had not been rented for over one year and its use must revert back to an approved use in the RR-lA Zoning District . Mayor Butler explained the five acre zoning requirements toMr . Nelsonstating thatthe0rono zoningcoderequiresonehouseholdperfive acres for that area . It is the duty of the City Council to uphold. this requirement. The main house and the guest house must each have five acres . REGULAR MEETING OF THE ORONO COUNCIL, MAY 23 , 1983 Page 3 Mr . Nelson was asked what he would like to do with the propertyinfuture years. Mr . Nelson stated that some day he would like to move into the larger house and rent the second house . Councilmember Frahm moved , Councilmember Grabek seconded , to direct staff to draft a resolution to be presented at the next Council meeting to deny the conditional use permit for Kip Nelson, 4580 Watertown Road , per the Planning Commission recommendations; based on the fact that the second house has not been rented out for over a year ; that both houses may not be occupied at the same time; that interior modifications to structure are not required ; and to approve a permit to reroof the house . Motion , Ayes (5) - Nays (0) . RESOLUTION �1487 1350 Cherry Place William Sinclair #741 Mayor But.ler moved , Councilmember Hammerel seconded , to adopt Resolution #1487 , A ResolutionGranting A Conditional Use Permit Per Municipal Zoning Code Section 31 .700 and A Variance To Municipal Zoning Code Section 31 . 983 File 741 . Motion, Ayes ( 5) - Nays (�J) . COMMON O�INERSHP STUDY Zoning Administrator Mabusth reviewed with the City Council the Vacant Lakeshore Common Ownership Study she had prepared at their request , dated May 2G� , 1983 . Mayor Butler stated that she would like to have the Planning Commission review the study and make recommendations to the City Council . Planning Commission Member Sime stated that he would like to have the City Attorney present at one of the Planning Commission meetings to inform the Commission of the legal issues involved with the study and to hold a joint meeting with the City Council . Mayor Butler moved , Councilmember Frahm seconded , to direct staff to present the Vacant LakeshoreCommon Ownership Study to the Planning Commission for their recommendations. Motion , Ayes ( 5) - Nays (Gl) . COUNTY ROAD �15 Mayor Butler reported on her meeting with Mound Mayor Polston regarding the upgrading of County Road #15 from Navarre to Mound . Mayor Polston stated that he did not approve of a four-lane REGULAR MEETING OF THE ORONO COUNCIL, MAY 23 , 1983 Page 4 highway for County Road #15 and preferred to have the road designated as a scenic route . Spring Park Mayor Rockvam would like to have #15 a four- lane road with curb, gutters , and sidewalks . BOARD OF REVIEW Mayor Butler announced that the Board of Review will be held Wednesday, June l , 1983 at 7 : 30 P.M. , at the Orono Council Chambers . SPRING HILL CENTER CONCERTS Mayor Butler announced that the Spring Hill Center will have two outside concerts featuring the Minneapolis Chamber Symphony June 5 and August 14 , 1983 at 7 : 0� P.M. CABLE TV REPORT No report from the Cable TV representative. TRANSPORTATION REPORT No report from the Transportation representa- tive. DUTCH ELM PROGRAM Councilmember Frahm moved , Councilmember Adams seconded , not to adopt the resolutionconcerning the shade tree disease control program presented by Hennepin County Commissioner Mark Andrew. Motion, Ayes ( 5) - Nays (�) . 1982 AUDIT . City Administrator Benson reviewed the 1982 Audit with the City Council . Mayor Butler moved , Councilmember Adams seconded , to accept the 1982 Audit prepared by Hansen and Babcock , Certified Public Accountants , andtoapprovethepaymentof $3 , 460 to Hansen & Babcock for the Audit . Motian , Ayes ( 5) - Nays (�1) . SEWER STUDY CRYSTAL BAY & STUBBS BAY AREAS City Administrator Benson explained to the City Council the processof obtaining federalfunding for a sewer project for Crystal Bay and the Stubbs Bay areas. Mayor Butler moved , Councilmember Frahm seconded , to approve mailing letters with a survey to the Crystal Bay and Stubbs Bay areas regarding funding for sewer for those areas . Motion, Ayes ( 5) - Nays ( �1) . REGULAR MEETING OF THE ORONO COUNCIL, MAY 23 , 1983 Page 5 RESOLUTION #1490 SEWER FUNDING Mayor Butler moved , Councilmember Frahm seconded , to adopt Resolution #149� , A Resolution Authorizing Participation And Funding Request In The 1983 Jobs Bill Community Development Block Grant Program For Community Projects. Motion, Ayes ( 5) - Nays (0) . COUNTY ROAD 15 LETTER* Mayor Butler moved , Councilmember Grabek seconded , to approve City Administrator Benson ' s letter to Mound City Manager Jon Elam concerning County Road 15, dated May 9 , .1983 . Motion , A�es (4) - Nays (�J) . APPRAISAL LETTER* Mayor Butler moved , Councilmember Grabek seconded , to approve City Administrator Benson ' s letter to Hennepin County Assessor pon Monkconcerning an appraisalfor vacant property on the south side of the Post Office in Crystal Bay. Motion, Ayes (4) - Nays (�) . LMCD - ROBERT BROWN* THANR YOU LETTER Mayor Butler moved , Councilmember Grabek seconded , to approve City Administrator Benson' s letter to LMCD Chairman Robert Brown thanking him for his presentation at the Rotary luncheon, dated May 12 , 1983 . Motion, Ayes (4) - Nays (m) . LONG LARE SEWER PLANT* Mayor Butler moved , Councilmember Grabek seconded , to approve City Administrator Benson ' s letter to Long Lake Mayor Kunze concerning the Long Lake sewer plant property, dated May 12 , 1983 . Motion, Ayes (4) - Nays (B) . DOG LICENSES & RENNEL* LETTER Mayor Butler moved , Councilmember Grabek seconded , to approve City Administrator Benson ' s letter to Walt Lathrop concerning the dog kennels located at 3505 Wayzata Boulevard , dated May 13 , 1983 . Motion , Ayes (4) - Nays (0) . MINNETRISTA RESOLUTION* INTERCEPTOR Mayor Butler moved , Councilmember. Grabek seconded , to approve the City of Minnetrista ' s resolution opposing the construction of a sewer interceptor from Maple Plain to Mound . Motion , Ayes (4) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, MAY 23 , 1983 Page 6 PAYMENT �4* NODLAND ASSOCIATES Mayor Butler moved , Councilmember Grabek seconded , to approve Payment #4 to Nodland Associates in the amount of $40 , 148 . 47 , for the Navarre Sewer & Water Project. Motion, Ayes (4) - Nays (G1) . EMPLOYMENT* GOLF COURSE Mayor Butler moved , Councilmember Grabek seconded , to approve the temporaryemployment of Daniel Oas for the Orono Golf Course at a rate of $3 . 35 per hour effective May 16 , 1983 . Motion , Ayes (4) - Nays (0) . GFWBI LETTER* Mayor Butler moved , Councilmember Grabek seconded , to approve City Administrator Benson ' s letter to Mr . JohnShardlow, Plannerfor the Gray Freshwater Biological Institute , dated May 16 , 1983 . Motion , Ayes (4) - Nays (�) . 1983 SEALCOAT PROGRAM* , Mayor Butler moved , Councilmember Grabek seconded , to approve the 1983 Plans and Specifications for the sealcoat program and to approve the bid opening date for Friday, June 101 , 1983 at lO : GJ� A. M. Motion, Ayes (4) - Nays (G1) . PUBLIC HEARING DATE* Mayor Butler moved , Councilmember Grabek seconded , to approve the date of June 13 , 1983 at 7 : PJp P.M, for the public hearing for the hazardous building assessments. Motion, Ayes (4) - Nays (0) . FIRE DEPARTMENT STATE AID* Mayor Butler moved , Councilmember Grabek seconded , toapprovetheFireServiceDistricts - State Aid Apportionment memo prepared by City Planner Olson dated May 17 , 1983 . Motion, Ayes ( 4) - Nays (�) . RECODIFICATION* Mayor Butler moved , Councilmember Grabek seconded , to approvea post-draftconference for the Municipal recodification be held Thursday, May 2.ti , 1983 at 8 : 3P1 A. M. Motion, Ayes (4) - Nays (�) . REGULAR MEETING OF THE ORONO COUNCIL, MAY 23 , 1983 Page 7 MWCC-PCA* ADDENDUM �1 Mayor Butler moved , Councilmember Grabek seconded , to accept City Administrator Benson' s memo concerning a Metropolitan Waste Control Commission addendum �1 by the Pollution Control Agency, dated May 18 , 1983 . Motion , Ayes (4) - Nays (�) . FLOOD INSURANCE PROGRAM* Mayor Butler moved , Councilmember Grabek seconded , to approve the National Flood . Insurance Program meeting to be held June 2 , 1983 at 9 : 0�1 A. M. and 1 : 30 P.M. , per City Planner Olson ' s memo dated May 18 , 1983 . Motion , Ayes (4) - Nays (91) . RESOLUTION �1488* CDBG - YEAR IX Mayor Butler moved , Councilmember Grabek seconded , to adopt Resolution #1488 , A Resolution Authorizing The Submission Of Community Development Activities For The City Of Orono To Hennepin County For Consideration As Part Of The Year IX Urban Hennepin County Community Development Block Grant Application In Accordance With The Housing And Community Development Act Of 1974 , As Amended . Motion, Ayes (4) - Nays (�J) . LORGE MATTER* . Mayor Butler moved , Councilmember Grabek seconded , to approve City Planner Olson ' s �.etter to Mr . Roger J . Ramstad concerning 2597 Casco Point Road dated May 13 , 1983 . Motion, Ayes (4) - Nays (0) . CASHIN MATTER* Mayor Butler moved , Councilmember Grabek seconded , to approve City Administrator Benson ' s letter to City Attorney Malkerson concerning the Cashin matter dated May 18 , 1983 . Motion , Ayes (4) - Nays (�1) . LIQUOR STORE REPORT* Mayor Butler moved , Councilmember Grabek seconded , to approve the First Quarter Liquor Store Report prepared by Tom Kuehn , Finance Director , dated May 18 , 1983 . Motion, Ayes (4) - Nays (0) . MONTHLY LIQUOR STORE REPORT - APRIL, 1983* Mayor Butler moved , Councilmember Grabek seconded , to approve the Monthly Liquor Store Report for April , 1983 prepared by Tom Kuehn, Finance Director , dated May 19 , 1983 . Motion, Ayes (4) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, MAY 23 , 1983 Page 8 RESOLUTION #1489* DESIGNATE SIGNATURES PEACE OFFICERS Mayor Butler moved , Councilmember Grabek seconded , to adopt Resolution #1489 , A Resolution Designatinq Signatures For The Minnesota Board Of Peace Officer Standards And Training Reimbursement Money. Motion , Ayes (4) - Nays (�) . 1984 BUDGET* Mayor Butler moved , Councilmember Grabek • seconded , to approve City Administrator Benson' s memo concerning the 1984 Budget Process , dated May 19 , 1983 . Motion, Ayes (4) - Nays (a) . JAMES BIGHAM LETTER* IVY LANE MATTER Mayor Butler moved , Councilmember Grabek seconded , to approve City Planner Olson' sletter to James Bigham , 1545 Long Lake Boulevard , concerning encroachment on ivy Lane, dated May 18 , 1983 . Motion , Ayes (4) - Nays (0) . HOLZER MATTER Mayor Butler moved , Councilmember Frahm seconded , to approve City Planner Olson' sletter to Arlo VandeVegte concerning the Alexander Holzer matter at 2677 Casco Point Road , dated May 16 , 1983 , and to accept the answer from Arlo VandeVegte, dated May 18 , 1983 . Motion, Ayes (S) - Nays (�) . PAUL SMITH MATTER City Attorney Malkerson reported on the Paul Smith matterat2477Dunwoody Avenuestating that the City of Orono should request an appraisal fromthePatchin Appraisals , Inc . foran easement for the proposed sewer and water project . Councilmember Frahm moved , Mayor Butler seconded , to authorize City Attorney Malkerson to contact Patchin Appraisal , Inc . to appraise the Paul Smith property at 2477 Dunwoody Avenue for an easement for the proposed sewer and water project; the cost of_ the appraisal not to exceed $35� . Motion, Ayes ( 5) - Nays (�) . REGULAR MEETING OF THE ORONO COUNCIL, MAY 23 , 1983 Page 9 LICENSES* Mayor Butler moved , Councilmember Grabek seconded , that the following licenses, be approved : Motion, Ayes (4) - Nays (�) . Wayne Dauwalter Plumbing - Plumber K & K Heating & Plumbing - Heating & Plumbing Widmer Bros. Inc . - Plumber Associated Well Drillers - Well Driller R & W Sanitation - Garbage Haulers Woodlake Sanitary Service - Garbage Haulers BILLS* Mayor Butler moved , Councilmember Grabek seconded , that the All Funds Accounts and the Liquor Store Accounts , be paid . Motion, Ayes (4) - Nays (0) . ADJOURNMENT Councilmember Grabekmoved , Councilmember Frahm seconded , that the meeting be adjourned at 9 : 12 P.M. Motion , Ayes (5) - Nays ((d) . �`�c� �_ — Mary C . �ler , Mayor Attest : � �, A1 erta M. Strom, City Clerk