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Home My WebLink About06-13-1983 Council Minutes , � 1 City of Orono 7: 00 P.M. Regular Meeting of the Orono Council , June 13 , 1983 The Orono Council met on the above date with the following members present : Mayor Butler , Councilmembers Adams , Frahm, Grabek , and Hammerel . Also present : City Administrator Benson, Zoning Administrator Mabusth , City Attorney Malkerson , Planning Commission Representative Sime , and City Clerk Strom. PUBLIC HEARING HAZARDOUS BUILDINGS ASSESSMENTS Mayor But].er announced that now was the time and place for the public hearing concerning the proposed assessment for hazardous building removal for 41P1�1 North Shcre Drive and 3�GJ Tonka Avenue . Citv Clerk Strcm presented the Affidavit of Publication and the Certificate of Mailing . Mr . James Patrin and Mr . Mertin Crooker were present . Mr . Patrin was present concerning 30a Tonka Avenue and stated that he was not invited to any of the previous meetings concerning his hazardous building . He stated that the legal action was started three weeks after he had , removed the building except for an 8 ' X 12 ' . bedroom that he had on a trailer ready to be moved . City Administrator Benscn informed the City Council that the City was obligated to assess the costs of the removal of the hazardous buildings after serving notice on the owners of the amount incurred for reimbursement to the City. City Attcrney Malkerson explained the procedures of assessing costs for removing the buildings stating that another attorney in his office �ttends to that type of business but that he would look into the matter . Mr . Crooker stated that he wa.s satisfied with the conditions on his hazardous building removal assessments . After all persons present were afforded an opportunity to be heard , Mayor Butler closed the public hearing at 7 : 2PJ P. M. REGULAR MEETING OF THE ORONO COUNCIL, JUNE 13 , 1983 Page 2 RESOLUTON #1491 ASSESSMENT ROLL Councilmember Frahm moved , Councilmember Hammerel seconded , to adopt Resolution #1491 , A Resolution Adopting The Assessment Roll For Hazardous Building Actions - 1983 . Motion , Ayes ( 5) - Nays (�) . CONSENT AGENDA* Mayor Butler moved , Councilmember Adams seconded , to add items #2h , #27 . +�2.8 , �29 , & #30 to the Consent Agenda . Mction , Ayes ( 5) - Dlays (�1) • Mayor Butler moved , Councilmember Adams seconded , to approve the Consent Agenda* , subject to adding items #26 , �27 , #28 , #29 , & '�3Q to the Consent Agenda , 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 (�) . MINUTES* Mayor Butler moved , Councilmember Adams seconded , to approve the Minutes of the Reqular Meeting of May 23 , 1983 . Motion, Ayes ( 5) - Nays (�) • BOARD OF REVIEW MINUTES* Mayor Butler moved , Councilmember Adams seconded , to approve the Minutes of the Board of • Review Meeting of June 1 , 1983 . Motion , Ayes ( 5) - Nays (0) . PARK COMMISSION COMMENTS No comments from the Park Commissicn . LMCD REPORT No comments from the Lake Minnetonka Conservation District Representative . PLANNING COMMISSION COMMENTS Planning Commission Member Sime informed the City Council of a meeting of the Planning Commission members to be held at the Log Cabin in Spring Park on Saturday, June 18 , 1983 at 10 : 00 A. M, to view the properties on the Planning Commission agenda for their June 20 , 1983 meeting . PUBLIC COMMENTS No comments from the public present . REGULAR MEETING OF THE ORONO COUNCIL, JUN E13 , 1983 Page 3 SUBDIVISION 358H BAYSIDE ROAD VICTOR NORTON - �715 Zoning Administrator Mabusth reviewed with the City Council the request of Victor Norton, 3580 Bayside Road , for a subdivision . Mr . & Mrs . Norton were present . RESOLUTION �1492 3580 BAYSIDE ROAD Councilmember Hammerel moved , Councilmember Adams seconded , to adopt Resolution #1492 , A Resolution Approving A Metes And Bounds Subdivision Application For Victor E. Norton . Motion, Ayes ( 5) - Nays ( �) . CONDITIONAL USE PERMIT 458� WATERTOWN ROAD KIP NELSON - �738 Zoning Administrator Mabusth reviewed with the City Council the request of Kip Nelson, 4580 Watertown Road , for a conditional use permit . Mr . Kip Nelson was present . Mayor Butler moved , Councilmember Hammerel seconded , to direct staff to draft a resolution to be presented at the next Cauncil meeting to allow Mr . Nelson the guest house use and that the addition remain , subject to the following findings : l . A second residential unit has existed on the ' property for over 40 years . 2 . The older residence is habitable and may be used as a residence without endangering the safety of those who use the structure . 3 . Both residences are served by a single curb cut and shared driveway. 4 . Both residences are served by the one well and septic system - septic system shows no sign of failing . Approval would be subject to the following conditions : l . Non-rental of either residences . 2 . No future additions or expansions to guest house structure. REGULAR MEETING OF THE ORONO COUNCIL, JUNE 13 , 1983 Page 4 3 . Home occupation use subject to performance standards of 34 . �43 . Motion, Ayes ( 4) - Nays ( 1) . Councilmember Frahm Nay . Councilmember Frahm stated that he did not approve of this obvious compromise solution of the question of the addition construction without a building permit and in violation of municipal code as an expansion of a non- conforming structure . SUBDIVISION - VARIANCE 3525 SHORELINE DRIVE 244H, 245H, 2470 CARMAN ST. EDWARD LEAMAN - ��39 & #740 Zoning Administrator Mabusth reviewed with the City Council the requests of Edward Lehman for a subdivision and variance . Mr . & Mrs . Lehman were present. Councilmember Grabek moved , Mayor Butler seconded , tc direct staff to draft a resolution of approval subject to thefollowing conditions: 1 . . Lots 2 & 3 are to share a single dock located in Out_lot B and each lot is permitted one slip. 2. Lot 1 is not riparian to Lake Minnetonka . 3 . All lots must maintain 25� hardccver allowance . 4 . Appl icant/owner of Lot 5 must hookup to Ci ty sewer prior to final plat approval or enter into a developers agreement with the City to assure hcokup. 5 . At present , the lagoon is navigable and the approval of this plat by the City does not permanently vest each approved riparian lot with future boat navigation to the main lake but does encourage general riparian uses . 6 . No future variances will be granted for this property. The City has approved the following building envelopes for Lots 3 & 4 : Lot 3 - street setback 2G7 feet - approved .l� foot variance REGULAR MEETING OF THE ORONO COUNCIL, JUNE 13 , 1983 Page 5 Lot � - street setback 2�J feet - approved 10 foot variance Lagoon/lake setback 5Q feet - approved 25 foot variance . 7 . Applicant to advise if property is abstract or torrens . If abstract , the lagoon area shall be platted as part of Lake Minnetonka and dedicated to the public ; if torrens , the lagoon area shall be platted as an outlot and deeded to the City for public purpose - part of public waters. 8 . Driveway/access off Shoreline Drive shall be closed and access approved via Carman Street . Applicant tocreatedrivewayeasementso that Lot ' 1 is not divided placing severe limitations on buildinq envelope of Lot l . Lot 2 shall have a Carman Street address . Motion, Ayes ( 5) - Nays (fd) . SUBDIVISION 2765 SHADYWOOD ROAD RICHARD OGLE - 1�744 Zoning Administrator Mabusth reviewed with the City Council the subdivision request of Richard Ogle , 2755 Shadywood Road . Mr . Ogle was present . RESOLUTION �1493 2755 SHADYWOOD ROAD Councilmember Adams moved , Mayor Butler ' seconded , to adopt Resolution #1493 , A Resolution Approving A Metes And Bounds Subdivision Application For Richard G. Ogle . Motion, Ayes ( 5) - Nays (�() . VARIANCE 1424 BALDUR PARR RD. MIKE SJEKLOCHA - #746 Zoning Administrator reviewed with the City Council the request of Mike Sjeklocha , 1424 Baldur Park Road , for a variance . Mr . Sjeklocha was present . RESOLUTION �1494 1424 BALDUR PARK RD. Councilmember Hammerel moved , Ccuncilmember Frahm seconded , to adopt Resolution #1494 , Granting Variances To Municipal Zoning Code Section 34 . 51� File 746 , Mike Sjeklocha . Motion, Ayes ( 5) - Nays (4�) . REGULAR MEETING OF THE ORONO COUNCIL, JUNE 13 , 1983 Page 6 VARIANCE 346H BIRCH LANE WILLIAM TOWARD - �747 Zoning Administrator Mabusth reviewed with the City Council the request for a variance of William Toward , 3460 Birch Lane. Mr . & Mrs. Toward were present . RESOLUTION #1495 345g BIRCH L�NE Councilmember Grabek moved , Mayor Butler seconded , to adopt Resolution #1495 , Grantinq A Variance To Municipal Zoning Code Sections 34 . 552 , 34 . 610 and 38 . 201 - File 747 , William Toward . Motion, Ayes ( 5) - Nays (0) . VARIANCE 3399 CRYSTAL BAY RD. SANDRA GEORGE - #748 Zoning Administrator Mabusth reviewed with the City Council the request for a variance of Sandra George , 3399 Crystal Bay Road . Sandra George and Jerry Wheeler were present . RESOLUTION '�149F 3399 CRYSTAL BAY RD. Counci].member Frahm moved , Councilmember Adams seconded , to adopt Resolution #1496 , Granting A Variance To Municipal Zoning Code Sections 34 . 552 and 34 . 514� - File 748 , Sandra George . Motion, Ayes ( 5) - Nays (0) . PARTENWOOD LANE � PETITION Zoning Administrator Mabusth reviewed with the City Council the request of Norma Johnson � concerning the petition for a public road for Partenwood Lane . Ms . Ann Schulz was present representing Norma Jchnson . RESOLUTION �1497 PARTENWOOD LANE Mayor Butler moved , Councilmember Grabek seconded , to adopt Resolution #1497 , A Resolution Approving The Reopening Of Parten- wood Lane As A Public Road , subject to inc.luding that the owners shall submit a title opinion showing proof of title and right of owners to � transfer ownership of the road to the City. Motion, Ayes (5) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, JUNE 13, 1983 Page 7 RECONVENED MEETING BOARD OF REVIEW MayorButlerannounced to the public present that a reconvened meeting of the Board of Review will be held Wednesday, June 15 , 1983 at 7 : 3� P.M. at the Orono Council Chambers . REAPPOINTMENTS MCWD TECHNICAL ADVISORY COMMITTEE Councilmember Frahm moved , Councilmember Hammerel seconded , to reappoint William B . Van Nest and Councilmember Tim Adams , alternate , to the Minnehaha Creek Watershed District Technical Advisory Committee . Motion, Ayes (S) - Nays (0) . ATTENDANCE REPORT CABLE TV MEETINGS Mayor Butler moved , Councilmember Frahm seconded , to reappoint iaalter R. Benson, City Administrator , to the Cable TV Commission . Motion, Ayes (5) - Nays (QJ) . CABLE TV MEETING Mayor Butler announced that the next Cable TV meeting will be held Tuesday, June. l4 , 1983 at the Shoreview City Hall to draft a franchise for the system. CITY ASSESSOR The City Council reviewed the memo prepared by . City Administrator Benson dated June 6 , 1983 , � regarding implementing an assessing department for the City of Orono to be in service by July, 1984 . Mr . Benson wasrequested to continue with the City' s oriqinal intent to have an in-house assessor aboard by January 1 , 1984 and to contact other cities interested in sharing assessing services . ASSESSING CONTRACT PAY�[ENT Councilmember Frahm mo��ed , Mayor Butler seconded , to approve the payment to Hennepin County for assessment services in the amount of $40J , 4PJ0 for the 1984 assessments , when completed . Motion, Ayes (5) - Nays (�1) . POLLUTION CONTROL LETTER* BARRY SCHADE Mayor Butler moved , Councilmember Adams seconded , to approve City Administrator Benson ' s letter tc Barry Schade , PCA, concerning the Maple Plain Wastewater Treatment Plant dated May 23 , 1983 . Motion, Ayes (5) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, JUNE 13 , 1983 Page 8 RECODIFICATION* Mayor Butler moved , Councilmember Adams seconded , to approve the recodification of City Ordinances Status Report prepared by City Administrator Benson dated June 3 , 1983 . Motion, Ayes ( S) - Nays (�) . AL,�XANDER HOLZER * �k,,'�TE� Mayor Butler moved , Councilmember Adams seconded , toapproveAlanOlson' sletter to Desyl Peterson concerning the Alexander Holzer matter � at 2677 Casco Point Road , dated June 2 , 1983 and Desyl Peterson ' s letter to Judge James Rogers dated June 3 , 1983 . Moticn, Ayes ( 5) - Nays (�J) . ll�i�. ��CENNEL LETTER* Mayor Butler moved , Councilmember Adams seconded , to approve City Administrator Benson ' s letter to Mrs . John Flaherty concerning the Dog Kennel located at 35Q5 Wayzata Boulevard dated June 3 , 1983 . Motion, Ayes (5) - Nays ( 0) . S�;�C:I�''ICATZONS* ��;"' Df'ENING Mayor Butler mcved , Councilmember Adams seconded , to approve the specifications for a , single axle dump truck and hydraulic sander with bid opening to be held Friday, July l , 1983 at 14� : 4�0 A. M. Motion , Ayes ( 5) - Nays ( �) . 1983 13ENNEPIN COUNTY* MAINTENANCE PROGRAM Mayor Butler moved , Councilmember Adams seconded , to approve the schedule for paving and sealcoating County roads in Orono for their maintenance program for 1983 . Motion, Ayes ( 5) - Nays ( �) . LITIGATION ARTICLES* Mayor Butler moved , Councilmember Adams seconded , to approve City Administrator Benson ' s memc concerning litigation articles dated ,7une 3 , 1983 . �lotion, Ayes ( 5) - Nays ( �1) • PAYMENT #5* N�DLAND ASSOCIATES Mayor Butler moved , Councilmember Adams seconded , toapprovethepaymentof $31 , 006 .78 to Nodland Associates for the 82-1 Project in Navarre . Motion, Ayes ( 5) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, JUNE 13 , 1983 Page 9 CHANGE ORDER #1* VALLEY PAVING Mayor Butler moved , Councilmember Adams seconded , to approve the changer order #1 for Valley Paving in the amount of $3 , 349 . 30 for the 82-2 Project in Navarre. Motion, Ayes (5) - Nays (�) - OPEN MEETING LAW* Mayor Butler moved , Councilmember Adams seconded , to approve City Administrator Benson ' s memo concerning the Open Meeting Law dated June 19J , 1983 . Motion, Ayes (5) - Nays �� • RESIGNATION* JEAN HOOGENAK3CER Mayor Butler moved , Councilmember Adams seconded , to accept the resignaticn of Jean Hoogenakker , Police Secretary, effective June 3 , 1983 . Motion , Ayes ( 5) - Nays (�) . APPOINTMENT* PETER PALMER Mayor Butler moved , Councilmember Adams seccnded , to temporary appoint Peter Palmer to the Police Department at an hourly rate of $5 . 4� , effective J,une � , 1983 . Motion, Ayes (5) - Nays (d) • SUMMARY OF RECEIPTS* � APRIL 1983 Mayor Butler moved , Councilmember Adams seconded , to approve the Summary of Receipts , Disbursements , & Balances for April 1983 prepared by Finance Director Kuehn. Motion, Ayes ( 5) - riays (oI) . YEAR TO DATE SUMMARY* RECEIPTS, ETC. Mayor Butler moved , Councilmember Adams seconded , to approve the Summary of Receipts , Disbursements , & Balances through April 30 , 1983 prepared by Finance Director Kuehn. Motion , Ayes ( S) - Nays (!�) . APPOINTMENT* DOROTHY HALLIN Mayor Butler moved , Councilmember Adams seconded , to appoint Dorothy Hallin as Deputy Clerk effective June 13 , 1983 at an annual salary of_ $16 ,89� . Motion, Ayes ( 5) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, JUNE 13 , 1983 Page 10 SEWER FUNDING CRYSTAL BAY & STUBBS BAY City Administrator Benson discussed his memo concerninq sewer funding for the Crystal Bay and � Stubbs Bay areas dated June 8 , 1983 . LICENSES* Mayor Butler moved , Councilmember Adams seconded , that the following licenses , be approved : Maxwell E . Alvord - Residential Kennel Frank & Sue Kokesh - Residential Kennel Associated Well Drillers - Well Driller Steve Schmit Plumbing - Plumber Welter & Blaylock , Inc . - Plumber Motion, Ayes (5) - Nays (Pl) . BILLS* Mayor Butler moved , Councilmember Adams secondec� , that the Al1 Funds Accounts and the Liquor Store Accounts , be paid . Motion , Ayes (5) - Nays (4�) . ADJOURNMENT Councilmember Grabe�k moved , Mayor Butler seconded , that the meeting be adjourned at 9 : �0 P. M. Motion, Ayes ( 5) - Nays (0) . __.�� Mary C . B t er , Mayor i Attest : �� 1 erta M, rom , City Clerk Dorothy Hallin, Deputy Clerk