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Home My WebLink About07-11-1983 Council Minutes . � � � � �i 1 CITY OF ORONO 7: �H PM Regular Meeting of the Orono Council , July 11 , 1983 . ATTENDANCE The Orono Council met on the above date with the following members present : Acting Mayor Frahm, Council members Grabek and Hammerel . Councilmember Adams arrived at 7 : �4 PM. Also present : Zoning Administrator Mabusth , City Attorney Malkerson and Recorder Sutton. Mayor Butler and City Admin- istrator Benson were absent . CONSENT AGENDA* Acting Mayor Frahm moved , Councilmember Hammerel seconded , to approve 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 (3) , Nays (P1) . APPROVAL OF MINUTES* Acting Mayor Frahm moved , Councilmember Hammerel seconded , to approve the minutes of the regular meeting of June 27 , 1983 . Motion, Ayes (3) , Nays (0) . PARR COMMISSION COMMENTS There were no Park Commission comments . LARE MINNETONRA CONSERVATION DISTRICT COMMENTS There were no Lake Minnetonka Conservation District comments . PLANNING COMMISSION COMMENTS Planning Commission Representative Goetten had no comments . PUBLIC COMMENTS There were no Public comments . WINDWARD MARINE JAMES RIVERS [r4ETES � BOUNDS SUBDIVISION �59H RESOLUTION '�1499 Acting Mayor Frahm moved , Councilmember Grabek seconded , to adopt Resolution #1499 , A Resolution Approving A Metes And Bounds Subdivision For Lauren E. Born And Jack Lehtinen. Motion, Ayes (4) , Nays (0) . Regular Meeting of the Orono Council, July 11 , 1983 Page 2 WINDWARD MARINE JAMES RIVERS LOT COMBINATION AGREEMENT Acting Mayor Frahm moved , Councilmember Adams seconded , to approve the lot combination, riparian rights and open space agreement. Motion , Ayes (4) , Nays (�) . WINDWARD MARINE JAMES RIVERS �539 REZONING ORDINANCE ORDINANCE NO. 25B Acting Mayor Frahm moved , Councilmember Grabek seconded , to adopt Ordinance No . 250 , An Ordinance Amending the Municipal Code Of Orono By Listing The Legal Descriptions Of Certain Properties In The City Rezoned From LR-lA to B-2. Motion, Ayes (4) , Nays (�) • WINDWARD MARINE JAMES RIVERS COMMERCIAL DOCR LICENSE RESOLUTION �1498 Acting Mayor Frahm moved , Councilmember Grabek seconded , to adopt Resolution No . .1498 , A Resoluticn Directing Staff To Issue A Commercial Dock License To Windward Marine . Motion, Ayes (4) , Nays (�) . KIP NELSON 458A WATERTOWN RD • CONDITIONAL USE PERMIT �738 RESOLUTION �15�JH Kip Nelson was present. Zoning Administrator Mabusth reviewed theresolution with the Council . Kip Nelscn noted the corrections he wished to have changed , which were noted by staff . Councilmember Grabek moved , Councilmember Hammerel seconded , to adopt Resolution #15P10 , A Resolution Granting A Conditional Use PermitPerMunicipalZoning Code Section 34 .72.1 , subject to the corrections noted by the applicant . Motion , Ayes ( 4) , Nays (0) . DONALD MOGEN 1170 LYMAN AVENUE PRELIMINARY SUBDIVISION �736 Donald Mogen was not present . Zoning Administratcr Mabusth reviewed with the Council the subdivision application. Mabusth noted that the lot lines were realigned to meet the septic requirements . City Attorney Malkerson noted the Whiteheads , Mogen ' s neighbors , is a partner in his law firm. He noted that the turnaround is at the back of the private easement . The City does not have any rights over the drainage easement. He suggested that the City have the quit Regular Meeting of the Orono Council , July 11 , 1983 Page 3 MOGEN (CONT) claim deed go to the benefitted people by this access road , otherwise for them to ever use it we would have to declare it open. If the City wanted it available for the private development of those lots , the City would not be able to do that , because it would be quit claimed to the City. Technically the City might be able to lease it to the neighborhood group, but it would be cleaner to dedicate it over to neighbors . He noted that if this parcel is quit claimed to the City, the City is liable for anything that happens on the property. If the outlot is platted and dedicated for public land use the City would not be liable. Malkerson suggested that the Council approve the application subject to staff resolution of the problem. Councilmember Grabek moved , Acting Mayor Frahm seconded , to approve the subdivision application of Donald Mogen subject to staff ' s resolution of the turnaround issue . Motion, Ayes (4) , Nays (0) . PETITION FOR NEW STREET NA�IE RESOLUTION #1501 Councilmember Adams moved , Councilmember Grabek seconded , to adopt Resolution No . 1501 , A Resolution Approving a Petition For A Road Name (PENCE LANE) . Motion, Ayes (4) , Nays (0) . FOREST ARMS LICENSE 19$3 JOINT USE DOCK LICEI�iSE � Councilmember Grabek stepped down from the bench RESOLUTION #1502 because of a conflict of interest . Mabusth revi�wed with the Council the Forest Arms License Application . Mr . Grabek , the applicant , noted his only problem was with the maximum boat density. He stated that the maximum boat density had to be 14 or the original purchase agreement would be void . Zoning Administrator Mabusth stated that she had been contacted by the director of the L. M.C.D. , Frank Mixa , asking that all action on the Forest Arms Country Club Homeowners Association , Inc . be tabled for 50 days . In that time, Mr . Mixa hopes that members of the L. M.C.D. , Forest Arms Country Club Homeowners Association, Inc . and the City of Orono , can meet together . Mixa informed Mabusth that the L. M.C. D. would in no way approve a 14 slip use level . Grabek noted that any delay wculd cost a considerable amount of money . He stated that Mrs. Muhich has a purchase agreement on that lot and has been trying to sell it. The potential buyers of that parcel do not want to buy it if it does not have a slip. Regular Meeting of the Orono Council , July 11 , 1983 Page 4 FOREST ARMS (CONT) Councilmember Hammerel asked what the jurisdiction of the L.M.C.D. was with the City of Orono . City Attorney Malkerson noted the jurisdiction is concurrent . Councilmember Adams moved , Councilmember Hammerel seconded , to conceptually approve the request of the applicant for 14 slips as outlined in the draft resolution submitted by Zoning Administrator Mabusth and will be supplemented following the format of the old Foxhill Resolution , A Resolution Directing Staff To Issue A Joint Use Dock License To Forest Arms Country Club Addition Homeowners Association, Inc . , Motion, Ayes ( 3) , Nays (�1) . CRYSTAL BAY TONRA TRANSMISSION* Acting Mayor Frahm moved , Councilmember Hammerel seconded , to approve City Administrator Benson' smemo concerning Tonka Transmission dated July 7, 1983 . Motion, Ayes (3) , Nays (0) . CABLE TV REPORT Acting Mayor Frahm noted the future meeting dates of the Cable TV Commission : July 12 , 1983 at 5 : 3�1 PM - Shorewood August 9 , 1983 at 5 : 30 PM - Shorewood August 23 , 1983 at 5 : 30 PM - Shorewood September 13 , 1983 at 5: 3� PM - Shorewood RESOLUTION #15H3 . SEWER PETITION FEASIBILITY STUDY Acting Mayor Frahm moved , Councilmember Grabek seconded , to adopt Resolution No . 15d3 , A Resolution Delcaring Adequacy Of Petition And Ordering Sewer Feasibility Report For The East Side of Carman Street . Motion , Ayes ( 4) , Nays (�J) . MAPLE PLAZN WASTEWATER TREATMENT PLANT Acting Mayor Frahm noted that he had spoken to City Administrator Benson and that the City should hear something by July 25, 19�33 , on this matter . SALARY ADJUSTMENT* Acting Mayor Frahm moved , Councilmember Hammerel seconded , to apprcve City Administrator Benson' s memo requesting a salary adjustment for Bob Johns dated � ,7une 29 , 1983 . Salary to be adjusted to $4 . 26 per hour effective July 5 , 1983 . Motion, Ayes ( 3) , Nays (0) . PARK LANE MATTER* Acting Mayor Frahm moved , Councilmember Hammerel seconded , to continue discussion of the Park Lane matter on the July 25, 1983 , Council meeting . Motion , Ayes (3) , Nays (�) . Reaular Meeting of the Orono Council, July 11 , 1983 Page 5 _ ORDINANCE NO. 251 ADOPTING 19$3 STATE BUILDING CODE* Acting Mayor Frahm moved , Councilmember Hammerel seconded , to adopt Ordinance No . 251 , An Ordinance Adoptinq The 1983 Edition Of The Minnesota State Building Code . Motion, Ayes (3) , Nays (0) . RESOLUTION �1504 ADOPTING 1983 STATE BUILDING COD�* Acting Mayor Frahm moved , Councilmember Hammerel seconded to adopt Resolution #15�4 , A Resolution Approving Summary Publication of Ordinance No . 251 . Motion, Ayes (3) , Nays (�) . LIQUOR STORE REPO�T* Acting Mayor Frahm moved , Councilmember Hammerel seconded , to approve Finance Director Kuehn' s memo dated June 30, 1983 ,concerning the monthly liquor store report of May. Motion, Ayes (3) , Nays (0) . SUMMARY OF RECEIPTS DISBURSEMENTS � BALANCES — irIAY 1983* Acting Mayor Frahm moved , Councilmember Hammerel seconded , to approve the Summary of Receipts , Disbursements , and Balances for May 1983 prepared by Finance Director Kuehn. Motion, Ayes (3) , Nays (�) . SUMMARY OF RECEIPTS DISBURSEMENTS � BALANCES — YEAR TO DATE* � Acting mayor Frahm moved , Councilmember Hammerel seconded , to approve the Summary of Receipts , Disbursements and Balances through May 31 , 1983 , prepared by Finance Director Kuehn. Motion , Ayes ( 3) , Nays (G�) . RESOLUTION #1449A TO A�iEND RESOLUTION #1449* Acting Mayor Frahm moved , Councilmember Hammerel seconded , to adopt Resolution #1449A, A Resolution Designating Appointments For The Year 1983 , for City Depositories . Motion, Ayes (3) , Nays (�d) . BID AWARD — DUMP TRUCK* Acting Mayor Frahm moved , Councilmember Hammerel seconded , to approve awarding the bid to Minneapolis GMC Truck Center in the amount of $19 , 258 . 00 dated July 7 , 1983 . Motion, Ayes (3) , Nays (�) . CITY ADMINISTRATOR'S LETTER TO J.S. KATZ* Acting Mayor Frahm moved , Councilmember Hammerel seconded , to approve City Administrator Benson' s letter to J .S. Katz , of the Minnesota Department of Transportation , dated June 29 , 1983 , concerning the traffic signal system at County Road 5 and State Highway 12. Motion, Ayes (3) , Nays (GJ) . Regular Meeting of the Orono Council , July 11 , 1983 Page 6 CITY ADMINISTRATOR' S LETTER TO DICR CARL* Acting Mayor Frahm moved , Councilmember Hammerel seconded , to approve City Administrator Benson' s letter to Dick Carl concerning the speed limit on Crystal Bay Road dated June 28 , 1983. Motion, Ayes (3) , Nays (�) . CITY ADMINISTRATOR'S MEMO — �tELATING TO TONKA TRANSMISSION & MAPLE PLAIN TREATMEPIT PLANT* Acting Mayor Frahm moved , Councilmember Hammerel seconded , to approve City Administrator Benson' smemo concerning Tonka Transmission and the Maple Plain Treatment Plant dated June 30 , 1983. Motion, Ayes (3) , Nays (a) . CITY ADMINISTRATOR'S LETTER — WESTONKA SCHOOL DIST. 277* Acting Mayor Frahm moved , Councilmember Hammerel seconded , to approve City Administrator Benson' s letter dated ,7une 3�, 1983 , to Dr . E. F. Stevenson, Superintendent of Westonka School District 277 , declining Dr . Stevenson' s invitation to their July 11 , 1983 meeting . Motion, Ayes (3) , Nays (0) . CITY PLANNER'S LETTER TO LARRY BLACK�TAD — CDBG* Acting Mayor Frahm moved , Councilmember Hammerel seconded , to approve City Planner Olson' s letter tc Larry Blackstad concerning CDBG funds dated July 5, 1983 . Motion, Ayes (3) , Nays (�1) . CITY ADMINISTRATOR'S MEMO — I.�CD MATTER* Acting Mayor Frahm moved , Councilmember Hammerel seconded , to approve City Administrator �Benson' s memo concerning the Lake Minnetonka Conservation District Matter dated June 28 , 1983 . Motion, Ayes (3) , Nays (0) . CITY ADMINISTRATOR'S LETTER TO MAYOR WALTON* Acting Mayor Frahm moved , Councilmember Hammerel seconded , to approve City Administrator Benson' s letter to Mayor Walton concerning ambulance service dated July 6, 1983 . Motion, Ayes (3) , riays (�) . STORM CL£ANUP T4EM0* Acting Mayor Frahm moved , Councilmember Hammerel seconded , to approve Public Works Coordinator ' s memo concerning the storm cleanup dated July 8 , .1983 . Motion, Ayes (3) , Nays (0) . CITY ATTORNEY'S REPORT City Attorney Malkerson had no comments . BILLS* Acting Mayor Frahm moved , Councilmember Hammerel seconded , that the All Funds Accounts and the Liqour Store Accounts , be paid . Motion, Ayes (3) , Nays (0) . Regular Meeting of the Orono Council , July 11 , 1983 ��g� 7 ADJOURN�ENT 8: 00 PM Acting Mayor Frahm moved , Councilmember Grabek seconded , that the meeting be adjourned at 8 : 80 PM. Motion, Ayes (4) , Nays (0) . / (� -_``�\'�� Pam Sutto , R corder Mary C. B�, ler , Mayor �