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Home My WebLink About07-25-1983 Council Minutes . , � CITY OF ORONO REGULA�2 �irr�l'ING OF �PHE ORONO COUNCIL, •7JLY 25, 1983. A�rs�ya��CE �:�9 P�1 'Phe Orono Council. met on the above date with the following members present : i�ayor Butler , Council- members Adams , Frahm, Grabek �nd Hammere.l . Also present : City Planner Olson, Zoning Administrator Mabusth , and City Attorney John Childs. City Administrator Benson was absent . CONSENT AGENDA* Councilmember Adams moved , Councilmember Frahm seconded , to approve the Consent Agenda with all staff reports concerning items reviewed at this meeting �o be attached to the original copy of these min�.�tes on � �i7.e iri �.ne ^ity Clerk ' s off_ice. Motion , Ayes (5) , Nays (gt , a1I2d;)T$,5* COI1riCl.LI[leIT1�CJ�C ,�rld;�lS r10�)�?:� � i.011r�l1 ZmP�n��e_r ��'1'_?1 seconded , to approve the minutes of the Council meeting of July 11 , 1983 . Motion, Ayes (5) , Nays (0) , PARK COMMISSION COMMENTS ;h:-�yor Butler nored that a public information meetinc� would be held August 2, 1983 , at 7 : 3� to discuss t'ne Summi� Park property. LAKE MINNETONRA CONSERVATION DISTRICT COMMENTS Jo Ellen Hurr was present to �3iscuss the task force �� port with the Counci7. . ��I%�yor Butler noted that the report was not clear on the land use issue. She noted that the LMCD should realize wlzere they stop and where the City of Orono starts . Butler noted that the City of Orono should be involved with the land use and the LMCDwith the lake us� . C;�un�itm��m'oer Gr��beic note�� t�at fishing piers are discussed in tne t�3sk force report . He stated that every tim�� the �is�ing nier issu� w.�s oroug'nt up, there were negative responses Erom the citizens of Orono . Mayor Butler stated that the City of Orono wou)_d require a public hearing if a fishing pier was ever proposed in Orono . Jo Ellen �urr noted several points oE znterest �vithin the task force and reviewed them with Council . PLA�INING COMMISSION COMMEVTS There was no Planning Commission representative present . RFGULAR MEETING OF THE URONO COUNCIL, JULY 25, 1983. Page 2 PtJBLIC COMMENTS APPEARANCE: LARRY GUTHRIE — MOLLY'S CORNER Larry B. Guthrie , attorney for Edward Hamm, was present . Guthrie noted that Mr . Hamm was not involved in the actual petition to subdivide the land around Molly' s Corner . He noted Mr . Hamm' s main concern is that in the vacation of Brackett ' s Avenue he woulc� get a small portionoEBrackett' s Avenue . Guthrie noted that Mr . Hamm has '�een asked to grant an additional 7 ' easement along his property for general utility purposes . �e noted the main reason the City was asking Eor the 7 ' easement was the location of the r�letro�otitan 6aaste Control Commission' s interceptor . Guthrie noted that the City had written to the MWCC to see if this additional 7 ' was really necessary but had not heard from them yet. Guthrie noted Mr . Hamm' s main objection to this additional 7 ' easement was that the land being platted is a convenience to the other p�rties and that Mr . Hamm felt that he shouldn' t be giving a 7 ' easement to the City for nothing and certainly if it' s not necessary for the MWCC . He noted tnat Mr . Hamm �vas willing to waive his objections i F ►��e Ci �y w�s able to co�ne �o some sort oE agreement as far as further limiting the fishing rights on Outl.ot B . Mayor Butler noted Resol.ution No . 1482. and read several points relavenr_ to this discussion. "The City hereby agrees that �here shall not be permitted to be any boat launching , ra-np or Facility anywhere on these lakeshore outlots but that there shall be no other deed restriction th�reon except that the City will not sell or lease the property to the DNR or o�'ners nor construct any fishing dock or pier thereon without first holding a public nearing concerning such . " The Lake Minnetonka Task Force Report " is expected to address the Molly' s Corner area by recommending two items : 1 . Securing the public ' s ability to park in the area . 2 . Construciton of a fishing pier to allow users to stand farthnr Erom tne 'ousy ro�dway. " Mayor Butler noted that in order to protect the City' s interest t'ney f.ett it necessary to i;iclu;�e in tile Resolution that indeed there was going to 'oe some nublic notice , B�itler noted that the City has no intention of nutting any improvements on that lakeshore , hut in case the DVR decides to out a `ishing pier in , the City would hold a puhlic hearing . Butler further noted that it is a �ommon occurrence Eor r_��e City to require utility easements . Butler stated that some o` tnat easement would be used Eor snow plowing too . REGULAR MEETING OF THE ORONO COU�CIL, JULY 25, 1983. page 3 GUTHRIE (CONT) Guthrie stated that their concerns ar2 basically not with the Council ' s present intentions but with the building of a pier with only holding a public hearing . Councilmember Frahm noted that if the City was to let that land remain in a private sector the DNR could come and take it any time they wanted , He noted that the DNR is less likely to do that i £ zt is under City contro]. . Guthrie noted iE it is in a private sector that tne D��R would have to pay for ir_ , Mayor Butler noted that the reason th� City initially got into this dialogue was because the titles weren' t clear and part oF tne City' s task was to ctear those titles up. She noted that Resolution No . 1482 has ��n executed by the City and is being held pending completionof thetorrencing procedurebythe Gregorys an�] ti�e �ufEs with t'n� �ounr_y an� ��ie �tate . As soon as t'nat is ^1:-��red , rhe �uFFs and Gre�orys G�i11 sign . Butl er noted L-'nac tile ones w�io st.�nd to �-air� c�r 7.os� t'n� �nost are in agreement with t'_ne C.ity and the Council �loesn' t want to get into restructuring that Resolution. Butler asked if Hamm could hold up this Resolution by not signing it? City Planner Olson stated that the Gregorys , the Duf f s , the Co unty and the Ci ty co uld go ahead wi tho ut Mr . Hamm if needed . Olson noted that Mr . Hamm was included in that plar_ because oF t��,� sur. v:�ying ��.�t �.vas required to dc�i ine thP �roperty lin�s a�z:� :�?.50 :>e;:-�us� oF til� c1�?5ir� to restrict the County Hi�7hway rig�lt= �f_ way. �-ie noted that Mr . Hamm an� "�Ir . Gregory �nt:�re�_l into quit claim deeds �ark a�d forth 'oased on possible title conflicts ber_ti��e�n t'nemselves over who owne:� w'�at portions of pronerty descri��ed on tize 'oasis original Bracketr_ Av�nue location. i-1? stated that if Mr . Hamm really di�n' t want to sign anything that t'ne plat could be redrawn to e_lir�inate Mr . Hamm' s property entirely and 'ne would then not get t{ze �eneFit oE any oF the ��acated land or tne 'oenefit oE determining where t'ne e::lqe o � �.'za rigi�t of way line was along his property and it woul� still be in lim'c�o as it is today. Olson repl ie�l to �Ir . Gur_hr ie ' s statements about i�r . Hamm "giving an e�se�ne�it. �or nothing" , the intention of. Resolution No . 14�2 is that i-ianm actually will receive a substantial triangle of vacated Brackett Avenue that he had not claimed before , he will receive uncontested title to 3 ' of highway right of way, and �_'ne ownership lines in Lize entire ar�a will 'oe cle�r��l up as nev;�� F��;�r;� , REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1983. Page 4 GUTHRIE (CONT) Councilmember Grabek stated that the City has gone over this many times . He stated that maybe we should hold another public hearing and open the whole matter up again . We could decide to retain the whole parking area , pave it , install crosswalks and a fishing pier to serve more people . Is th�t w'nat you want? Gutnrie noted that he didn' t think Mr . Hamm wo�lld like to be excluded . He asked the Council to direct staiE , upon receipt of the �letropolitan Waste Control Commission ' s r�commendr1G10f1S on tn? �as�.nent , to amend the resolution if necess�ry. ��l<3yor 3utler read the foJ_lowing from Resolution No . 1482: "Because of the complexity of atl t'ne transactions concem�Ia�.e�� 'nerein it is impossible for the City and the applicants to Foresee all of the additional details whi^h m�y nave to be included in Finat ac�ion and resolutions ap�rovi.ng these aoplications in order to eFfectuate tne i.lcencs an,� ��u;_,�oses as se�forth in this r�solution, Th��re `o_re :.?i:, ^ii.y res�rv�s the rig11� to reqiiire sucn modifications of detail in th� a�ov�� as ;utur� revi�w may s'now to 'o� necessary. " Butler noted this was included in the resolution precisely 'oecause of situations like you have raised �nd I don ' t believe we need to ac3d any further change or direction . RESOLUTION � 15H5 SUPPLEMENTARY RESOLUTI04d TO RESOLUTION �15�2 — FOREST AR�S 19g3 JOINT USE DO^.� L��"�I�E "�oi1'1"'i i._'1F'��li�+�L �:Jr��')"K 5��'�?3�_j �jowZ i r';�;t1 '1i.5 .,'l:l i C 1�� ;',p��r1C11_�121C1'nf�C ��E.'CdUS@ OE d C;�rl �i_ i. . _ � �' i.;ZI:,�..�_��: , ��I,�:��.1SC'`1 ra.�:j i_il<� �:1;�;1��_:1;'�1�. i_O t'C12 R�soluti.on ��y��p��i-�1J the 19g3 Joint Use �ock r i. - ,,z,,, , '�Ic , :�ra��F��:. �z i 1 :1,� pro'ol��m with the change . Mr . ��rabek requested �ecause of the complexit�y oE �.he situati_oii and because of t'n� involvement o� tne City, that City Attorney Malkerson be prese��t: `��r i.'ne Augusr_ 3 , 1983 publi_c he�ri�zg meeting of the L��tCD. He not�d that City Attorney Malkerson would not represent tne r^ores� Arms Association but represent the City. Mayor Butler no�ed Eo.� �.��e record tna� Cicy Attorney �]al'r,erson wout:� be t'ner� to repr�sent ��le Ci ty �nd not tze ror�st ACRiS Association . �ounci.l_me�nt��r A;�ams stated th�t the C:i. ty A.torney 5i10�1�_cj �i�:i:end theineetina to Cs'��'�.3�rli; I.il� �.1Gy ��l]1� C10L to �r�u� t'�� ::a5e . 1:3.��:�s ,�oted that Malkerson snould attend on.ly to answer �ny q.ie:��:i.ons the LMCD might have concerning the City' s postion not to present the City' s case. REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1983_ Page 5 FOREST ARMS (CONT) Councilmember Frahm noted that the City may be starting a confrontation sooner than they want to with the LMCD by sending the City Attorney to represent the City. Mr . Grabek stated that the August 3rd meeting is the only time for presenting the City' s case to the LMCD. He noted that there will not be another time to present the City' s case in front of the LMCD. Mayor Butler moved , Councilmember Hammerel seconded , to direct City Attorney Malkerson to attend the August 3rd , public hearing of the LMCD to represent the City' s . history and position in conjuction with the Forest �Arms Country Club Addition Homeowners Association agreements . Motion, Ayes (3) , Nays ( 1) . Council- member Frahm voted nay. Mayor Butler moved , Councilmember Adams seconded , to approve Resolution �15�5 approving a 1983 Joint Use Dock License for the Forest Arms Country Club Addition Homeowners Association . Motion , Ayes (4) , Nays (�J) . �743 WILLOW PROPERTIES 35H WILLO�1 DRIVE SOUTH PRELIMINARY SUBDIVISION Gary Peterson was present . Mabusth reviewed the application with the Council noting that the private road would be paved . Mayor Butler noted for the applicant that there would be no future variances granted and also a flowage and conservation easement to be taken over the wetlands . Councilmember Grabek moved , Councilmember Frahm seconded , to approve the preliminary subdivision of a 14� lot plat subdivision application of Willow Properties finding that al_l RR-1B zoning lot standards and the On-Site Septic Code are satisfied•. Approval is subject to the following conditions : l . Road to be private and paved . Applicant to submit engineered plans for road , lot grading plans , erosion plans and all plans to be approved by the City Engineer . 2. �rletlands to be desiqnated as drainage easements and described with angles and bearings. City to require flowage and conservation easement over all wetland areas . 3 . City will acquire underlying road and utility easements over road outlot . Applicant to enter into standard maintenance agreement to insure upkeep and maintenance of private road . REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1983. Page 6 WILLOW PROPERTIES (CONT) q . Applicant to pay $1 , 8�� . 8� in park fees . 5. Developer to keep all traffic , fill excavation, etc . away from the tested drainfield sites . In some cases where road construction will be near the tested sites , extra caution must be taken . 5 . Access to all lots shall be via the plat road - no direct access allowed onto Willow Drive. Motion, Ayes (5) , Nays (�) . #753 LARRY RARKELA 4149 flIGHSdOOD ROAD VARIANCE RESOLUTION Zoning Administrator Mabusth noted Mr . Karkela had contacted her requestinq that his application be tabled . Councilmember Frahm moved , Councilmember Adams seconded , to table Larry Karkela ' s application . Motion , Ayes (5) , Nays (a) . CITY ENGINEER'S REPORT The City Engineer was not present . PARR LANE ISSUE 8: 0�J PM The following neighbors were present : Richard Speeter , 659 Minnetonka Highlands Glen Neddermeyer , 709 Minnetonka Highlands Harold & Meg Vogt , 603 Park Lane Shirley Laue , 594 Park Lane Debra Frederick , 410DJ Elm Street Kathy Rudd , 5P17 Park Lane Tom Haulet Kathy Rudd of 507 Park Lane noted that the parking signs have not worked . She noted that a child was hit because of the f_isherman speeding to get up the icy narrowroadway. She asked if the Council could close it . Meg Vogt of 503 Park Lane stated that with all the snow and the steep hill combined that the fisherman have to speed to get up the hill . She stated that there is a terrible traffic problem which has caused several accidents along Park Lane . Shirley Laue of 594 Park Lane stated that the roadway is much too narrow for all the traffic that it ' s getting . Glen Neddermeyer of 709 Minnetonka Highlands asked what the Council ' s proposed so.lution was? Mayor Butler stated that the Park Lane access would be closed from December 1 to March 31 , signs would be posted and a gate installed . . . . REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1983. Page 7 PARK LANE (CONT . ) Neddermeyer stated that the fisherman would then park on Tonkawa Road which is just as bad in the winter . Councilmember Frahm suggested that towing signs be installed on Elm Street . Councilmember Frahm moved , Councilmember Grabek seconded , to direct staff to draft a resolution closing the Park Lane access December 1 through March 31 and to post not only parking signs but towing signs as well as staff sees fit. Motion, Ayes (5) , Nays (0) . CABLE TV REPORT Mayor Butler noted the future meeting dates of the Cable TV Board : August 9 , 1983 - 5: 34� PM Shorewood August 23, 1983 - 5: 30 PM Shorewood September 13 , 1983 - 5 : 3�d PM Shorewood COUNTY ROAD 15 MEMO* Councilmember Adams moved , Councilmember Frahm seconded , to approve City Administrator Benson' s memo concerning the County Road 15 traffic count. Motion , Ayes (5) , Nays (0) . CITY ASSESSOR* Councilmember Adams moved , Councilmember Frahm seconded , to approve City Administrator Benson' s memo concerning the City Assessor . Motion, Ayes (5) , Nays (�1) • MAPLE PLAIN WASTEWATER TREATMENT PLANT STATUS* Councilmember Adams moved , Councilmember Frahm seconded , to approve City Administrator Benson' s memo concerning the Maple Plain Wastewater Treatment Plant status on the upcoming public hearing . Motion, Ayes ( 5) , Nays (�) . RESOLUTION #15➢J5 N.S.F. CHECKS* Councilmember Adams moved , Councilmember Frahm seconded , to approve Resolution #1505 , A Resolution Declarinq Certain Checks And Credit Card Charges Uncollectible And Removing Them From The Various City Accounts . Motion, Ayes ( 5) , Nays (0) . INVESTMENTS AS OF JUNE 3�, 1983* Councilmember Adams moved , Councilmember Frahm seconded , to approve Finance Director Kuehn' s memo concerning the Investments as of June 30 , 1983 , dated July 14 , 1983 . Motion, Ayes (5) , Nay�s (�d) . SUMMIT PARK LETTER* Councilmember Adams moved , Councilmember Frahm seconded , to apprcve City Administrator Benson ' s letter concerning the Summit Park issue . Motion , Ayes (5) , Nays (0) . REGULAR MEETING OF TAE ORONO COUNCIL, JULY 25, 1983. Page 8 LIQUOR STORE OPERATING REPORT — JUNE, 1983* Councilmember Adams moved , Councilmember Frahm seconded , to approve Finance Director Kuehn ' s memo dated July 19 , 1983 , concerning the monthly liquor store operating report of June , 1983 . Motion, Ayes (5) , Nays (0) . HEADWATERS CONTROL STRUCTURE MANAGEMENT POLICY & OPERATING PROCEDURES* Councilmember Adams moved , Councilmember Frahm seconded , to approve the Headwaters Control Structure Management Policy and Operating Procedures of the Minnehaha Creek Watershed District dated June 24 , 1983 . Motion, Ayes (5) , Nays (0) . LMCD LETTER* Councilmember Adams moved , Councilmember Frahm seconded , to approve City Administrator Benscn' s letter to Frank Mixa at the LMCD dated July 12, 1983 . Motion, Ayes (5) , Nays (0) . LYNETTES LETTER — NAVARRE CRAZY DAYS* Councilmember Adams moved , Councilmember Frahm seconded , to approve City Administrator Benson ' s letter dated July 13 , 1983 to Lynettes concerning the Navarre Crazy Days sale. Motion, Ayes (5) , Nays (0) . LETTER TO COUNCIL* Councilmember Adams moved , Councilmember Frahm seconded , to approve City Admininstrator Benson' s letter dated July 1� , 1983 , to the Council concerning the LMCD and City of Orono relations. Motion, Ayes (5) , Nays (0) . LETTER TO MEG VOGT — PARR LANE ACCESS* Councilmember Adams moved , Councilmember Frahm seconded , to approve City Administrator Benson ' s letter dated July 18 , 1983 to Meg Vogt concerning the Park Lane Lake Access issue . Motion, Ayes (5) , Nays (0) . GOLF COURSE MEMO* Councilmember Adams moved , Councilmember Frahm seconded , to approve City Administrator Benson' smemo dated July 18 , 1983 concerning the golf course profit . Motion, Ayes (5) , Nays (PJ) . LETTER TO HENNEPIN COUNTY ASSESSOR — DONALD MONK* Councilmember Adams moved , Councilmember Frahm seconded , to approve City Administrator Benson' s letter dated July 18 , 1983 to Hennepin County Assessor Don Monk concerning the employment of City of Orono ' s own assessor . Motion, Ayes ( S) , Nays (0) . OPEN MEETING LAW MEMO* Councilmember Adams moved , Councilmember Frahm seconded , toapprove City Administrator Benson' smemo dated July 19, 1983 concerning the open meeting law passed on July 15, 1983. Motion, Ayes (5) , Nays (�) . REGULAR MEETING OF THE ORONO COiJ�dCIL, JULY 25, 1983. Page 9 AUDITOR REVIEW MEMO* Councilmember Adams moved , Councilmember Frahm seconded , to approveCity Administrator Benson' s memo dated July 20, 1983 , to the City Council concerning the auditor review. Motion, Ayes (5) , Nays (0) . LETTERS TO CITY EMPLOYEES* Councilmember Adams moved , Councilmember Frahm seconded , to approve City Administrator Benson' s letter dated July 13, 1983 to City Employees concerning their performance during the recent storms. Motion, Ayes (5) , Nays (0) . CITY ATTORNEY REPORT ,7ohn Childs , Malkerson' s assistant , had no comments . LICENSES* Councilmember Adams moved , Councilmember Frahm seconded , to approve the a Garbage Hauler license for Orlin Redepenning . Motion, Ayes (5) , Nays (0) . BILLS* Councilmember Adams moved , Councilmember Frahm seconded , that the All Funds Accounts and the Liquor Store Accounts , be paid . Motion, Ayes (5) , Nays (0) . ADJOURN�IKENT 9: 15 PM Councilmember Grabek moved , Councilmember Frahm seconded , that the meeting be adjourned at 9 : 15 PM. Motion, Ayes (5) , Nays (p) . Mary C. Bu ler , Mayor GU � 1 Pam Sutton, Recorder