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Home My WebLink About10-24-1983 Council Minutes � CITY OF ORONO REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 24, 1983. PAGE 1 ��:`T�'Et�DZ�,�F 7:0� P.t�. The Oron� C�uncil met on the above date with the follawing members present : Mayor Butler , Council- members Adams , Frahm , Grabek and Hammerel . City Administratar B�nson, Zaning Administrator Mabusth , City Attarney Radio , Palice Chief Kilbc� and Recorder Sutton represented the City staff . �� Sr?�'F:`AY A6dARD Diane neMarckc� presented the 1982 AAA Safety Award ta Palice Chief Kilbo f�r going five years without any pedestrian fatalities within the City �f Oronp . DeMarcka n�ted that this was the 18th award that the City af Oran� has earned . C:)N�I::,X`a AGENDA* C�uncilmember Frahm maved , Cauncilmember Adams secanded , to approve the Consent Agenda* , with all staff reparts concerning items reviewed at this meeting to be attached to the ariginal capy af these minutes on file in the City Clerk' s affice. Moti�n, Ayes (5) , Nays (�3) . �,ii�U'l'�;5- Cauncilmember Frahm maved , Councilmember Adams secanded , to approve the minutes of the Cauncil meeting af Octaber 11 , 1983 , as submitted . Mation, Ayes (5) , Nays (�) . L�KE i%MINNETONRA CONSERVATION DISTRICT REPORT Jo Ellen Hurr was present and noted that the first item an the agenda for the L.M. C . D. is the task farce repart. Hurr nated at the last meeting there was spme questipns about the safety on the lake why were they pramoting mare access , Hurr noted that at the next meeting she wauld bring up the subject af the timing and lacati�n af their future meetings . P[JBLIC COMMENTS There were np c�mments from the public . #77� CART PARTEN 1H25 TONRAWA ROAD PRELI[�SZYdARY SUBDIVISIdN Mr . and Mrs . Carl Parten were present. ;iabusth stated that the applicants had reviewed the res�lutions and had na problems with it. Mabusth noted that staffs pnly cancern was that the applicants still haven' t came to resalutian af the sewer issue . Mabusth asked if Cauncil could give cpnceptual appraval ta direct staff ta either accept a direct res�lutipn af the reconnection af the Gerald Parten line pr ta acce�t a revised engineering plan shpwing na change in connection far existing user pn line , revised plan tp be reviewed by the City Engineer . REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 24, 1983. PAGE 2 �775 CARL PARTEN City Attorney Radio noted that he had contact with the applicant' s attarney and they are trying ta work it aut. `��';��:1Lt3TI:�td #157� Mayar Butler moved , Cauncilmember Adams seconded , t� adapt Resalution #157�, A Resolution Granting Preliminary Appraval Far The Plat Of Carlwppd . Matian, Ayes (5) , Nays (0) . Cauncilmember Adams suggested that stranger "hald harmless" language be used to clarify in the resalutian that the City will n�t be responsible far financial l�sses incurred . �Ar.��stigt)'�`rC�r� #1571 May�r Butler moved , Cauncilmember Hammerel secpnded , ta adapt Resolution #1571 , A Resplution Appraving The Request Of Carl D. Parten To Apply For A Building PermitPri�rTo Final Subdivision Approval , subject ta stranger "hald harmless" language being included , that this approval is conceptual only and all final agreed up�n improvements of municipal sewer lines must meet with City Engineers appraval . Motic�n, Ayes (S) , Nays (Q) . #`�'�"� FtiCTi�FiI� ZUCKMAN �99`; NORT�S �HORE DRIVE �'�N�.LTTON7�L., USE PERMIT Zoning Administratar Mabusth stated that at the last meeting the Cpuncil canceptually apprpved his applicatian giving the applicant two alternatives . Mabusth stated that the applicant chase ta abide by the strict interpretatian af the nan-cpnf�rming use sectians of the zaning code. Mabusth stated that Richard Zuckman has signed aff on the resolution and he had np prablems with the resolutipn . Mayar Butler noted that even with the dallar limitatian placed on each cabin that each year he cauld aver a periad af time have practically a new building . Councilmember Frahm nated that this is impassible ta p�lice and who is tp say that the applicant will even come in for a building permit . RE�OL[�TI�h �1572 Councilmember Grabek mpved , Mayar Butler seconded , tp ad�pt Resalution #1572, A Resolution Granting A Canditianal Use Permit Per Municipal Zaning Cpde Sectian 31 . 100 And Per Section 31 . 110 , Granting A Variance Ta Municipal Zaning Cpde Section 31 . 101 , allawing the seven cabins ta cantinue at a nan- canfarming use . Matian, Ayes (4) , Nays ( 1) . Councilmember Frahm vated nay because this non- confarming use is impossible to palice and that there is no guarantee that the applicant will ever came in fpr a building permit and that if they are gaing t� continue this non-confarming use that they may as well rezone it. REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 24, 1983. PAGE 3 #752 MICHAEL NOEL 3125 CASCO CIRCLE FINAL SUBDIVISION I�ESOLUTION #1573 Mayar Butler maved , Councilmember Frahm seconded , tp adopt Resolution �1573, A Resolution Appraving The Plat Of C�larado Springs . Mc�tion , Ayes (5) , Nays (B) . �-735 DONALD MOGEN �.17H LYMAN AVENUE A'INAL SUBDZVISION ��ESOLUTION �1574 Maypr Butler moved , Cauncilmember Adams sec�nded , to ad�pt Resalutic�n #1574 , A Res�luti�n Approving The Plat Of W�od End Acres . Motian, Ayes (5) , Nays (0) . WILLIAM GREGORY �41H SHORELINE DRIVE �:EQUEST FOR GRADING �=�RMIT Larry Berg , William Gregary' s attorney, was present . Berg nated that Mr . Hamm is in Moracc� and that he wpn' t be back until January so therefare it is impassible for him ta sign until then. Berg presented a raugh draft af the grading plan prap�sed by the Gregorys . Berg npted that they are asking for approval for the grading anly and that they will came back ta staff with the propased landscape plan later . Mabusth presented a letter fram the M.W.C. C. Councilmember Adams nated that the City would need a mare detailed plan and that a letter of credit should be required . Mayor Butler moved , Cpuncilmember Adams seconded , to apprave a grading and filling permit for William Gregpry and approval far the landscape plan is conceptual anly and subject tp review and validation by the City staff . Mptian, Ayes (5) , Nays ( �) . MINNEHAHA CREEK WATERSHED DISTRICT MEETING — TO BE HELn 11�3-83 Mayar Butler stated that a meeting wauld be held pr. Navember 3 , 1983 at 1 : 30 P.M, in C�nference R�om A at the Capital Square Building in Saint Paul . City AdministratorBensanstatedthatthemeeting will be abaut the amount of representation of the board . COUNTY ROAD #15 MEETING TO BE HELD 11-2-83 Maypr Butler stated that a meeting would be held �n Npvember 2, 1983 at 7 : �10 P.M. at the Oran� Cauncil Chambers cancerning Caunty Road #15 . CABLE TV REPORT May�r Butler called attentian ta the meeting to be held November l , 1983 . REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 24, 1983. PAGE 4 TRANSPORTATION REPORT Councilmember Adams n�ted thathehadreceived arep�rt from the Minnespta Department af Transpartation . STE� INCREASE — OFFICER ST�VEN PEARSON* Cauncilmember Frahm maved , Councilmember Adams secanded , to approve a salary increase to $11 . 45 an hour ta begin October 5, 1983 , for Steven Pearsan . Motion, Ayes ( 5) , Nays (0) . SALARY INCREASE — JEANNE MABUSTH* Cauncilmember Frahm m�ved , Cpuncilmember Adams secanded , to approve a salary increase to $12.82 an h�ur ar a yearly salary pf $26 , 674 . 49 fpr Jeanne Mabusth to begin on October 24 , 1983 . Mpti�n, Ayes (5) , Nays (0) . APPOINTMENT — AGENT OF RECORDS — INSURANCE* Councilmember Frahm moved , Cauncilmember Adams seconded , ta appoint Murphy Insurance Agency ta be Agent pf Recard as per Deputy Treasurer Lattin ' s mema dated Octaber 21 , 1983 . Motion, Ayes ( 5) , Nays (�) . P�It1PLE PLAIN WASTEWATER TREATMENT PLANT — PiTBLIC k�EAIt�ING NOTICE* C�uncilmember Frahm maved , Cauncilmember Adams seconded , ta recagnize that a public hearing will be held an Navmber 17, 1983 , at 7 : 30 P.M, cancerning the Maple Plain Wastewater Treatment Plant. Motion, Ayes (5) , Nays (�) . BUFFALO BITUMINOUS — PAYMENT �1 — 1983 SEALCOATING* Cauncilmember Frahm maved , Cauncilmember Adams seconded , ta apprave Payment #1 in the amaunt af $49 , 799. 24 ta Buffala Bituminaus , as per Public Works Caordinatpr Gerhardsan' smemadated Octaber 19 , 1983 . MOt102'l, Ayes (5) , Nays (0) . .7'ERRY WHEELER—SANDRA GEORGE COMPLAINT Jerry Wheeler , Sandra George , Karl Jahns�n , Sherri Johnsan, Dpnna Carl and Pam Cherba were present . Mayar Butler stated that the City is involved in a zpning questic�n which is shall the boat trailer be claser than 1P1' from the lat line . Butler nated that outside af that issue the City daes nat wish to become involved and daes nat wish ta discuss other legal issues befare the caurts . Jerry Wheeler stated the City is spending City maney ta prasecute us for a law that they uphald but by the same t�ken the Ci ty stated that they dan' t have the maney ta enfprce an ardinance �f his neighbar . REGCILAI�. MEETING OF THE ORONO COUNCIL, OCTOBER 24, 1983. PAGE 5 Mayor Butler stated that the City cannot get inta discussian as ta the particulars of any civil action between Mr . Wheeler and anyane else therefore it is nat the City Councils ta discuss . Mayar Butler stated that that is something the caurts will have to decide . City Administrator Benson stated that this involves a neighborhaad dispute and that the complaint that has been filed shauld be left up to the courts . Jerry Wheeler stated that he has tried different campramises with his neighbar but rrothing has worked . Wheeler stated that they were tald hy the City that they haveta enfarce theordinancesthemselvesbecause the City doesn' t have the maney but yet the City has the maney t� prasecute him. Mayor Butler stated that they have an unique neighborhoad with very small lats and access ta the backyards is almost impassible. Mayar Butler nated that every hause along there has the same prablem as the Johnsons and that if it cames dawn ta the wire that the City can require Jahnson ta come in for a variar.ce but that the City would have to require all the neighbars ta come in f�r variances ta park their boats . Jerry Wheeler stated that every house alpng there doesn ' t have as big as boat as Mr . Jahnsan . WheelEr stated that if they had not been lead on by the City that the baat would be remaved , they wouldn ' t have baught the hause . Wheeler stated that the City is taking sides on their awn ardinances and that Wheeler was told by the City to enforce the City' s ardinances themselves . Mayar Butler stated that if the boat was there when they baught the hause that Mr . Wheeler shauld have nated the prablem af the small lots in this area . After Wheeler and neighbors had left discussion cantinued . Councilmember Grabekasked thatstaff neverschedulea complaint an the agenda when nobady but the Mayar knew what was gaing on . Grabek stated that they weren ' t even able ta answer Wheelers questions because the Cauncilmembers weren ' t infarmed af the situatian . CO�IT�'.�1C'P5/RESOLUTIONS MEAiG TO CITY PERSONNEL* Cauncilmember Frahm moved , Cauncilmember Adams secanded , ta apprave City Administratar Benson' s mema dated Octaber 11 , 1983 cancerning cammunication between staff on cantracts and resalutions . Mation , Ayes (5) , Nays ((�) . REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 24 , 1983. PAGE 6 LETTER TO KATHY BAILEY - FEDERAL FUNDING SENIOR CITIZEN BUS* Cauncilmember Frahm mpved , Cauncilmember Adams seconded , to apprave City Administratar Bensan' s letter dated October 12, 1983 t� Kathy Bailey of Westonka Community Services cpncerning federal funding for seni�r citizen bus service . Mptlpl'1 , Ayes (5) , Nays (0) . LETTER TO McCQMBS-KtdUTSON - ORONO-LONG LAKE-MEDINA SEWER SERVICE* C�uncilmember Frahm moved , Cauncilmember Adams secpnded , ta approve City Administrator Bens�n ' s letter dated Octc�ber 13 , 1983 , ta Paul Piersan of McCc�mbs-Knutsan & Associates cancerning apprpval af Pipe "D" af the Orona-Long Lake-Medina Sewer Service . Motian, Ayes (5) , Nays (0) . WEST HENNEPIN HUMAN SERVICES PLANNING BOARD BUDGE".+' REQUEST* Cauncilmember Frahm moved , Cauncilmember Adams seconded , to approve City Administratar Benson ' smem� dated Octaberl3 , 1983 , concerning WestHennepin Human Services Planning Board Budget Request of the City af Orano totaling $854 . GJP1 . Mptipn, Ayes (5) , Nays (0) . BUILDING & ZONING FUNCTIONS* Cpuncilmember Frahm maved , Cpuncilmember Adams secanded , tp approve City Administratpr Benson ' smem� dated October 17 , 1983 , concerning the Building & Zoning functi�ns . Motion, Ayes (5) , Nays (�) . LETTER TO R08ERT BROWN CHAIRliAN OF L.M.C.D.* Cauncilmember Frahm moved , Councilmember Adams seconded , tp approve City Administratpr Bensan' s letter dated October 17 , 1983 , ta Robert Brawn Chairman of Lake Minnetonka Conservati�n District c�ncerning the L. M.C.D, ' s timing and placing of their public meetings . Matian, P.yes (5) , Nays (0) . LETTER TO JAMES SEITER SUPERINTENDENT OF ORONO SCHOOL DISTRICT #7_78* Cauncilmember Frahm moved , C�uncilmember Adams seconded , ta appr�ve City Administratar Benson ' s letter dated actober 18 , 1983 , ta James Seiter Superintendent �f Orona Schaol District #278 cancerning false fire alarms . Motian, Ayes (5) , Nays (�) - LETTER TO WILLIAM FENHOLT ORONO SCHOOL DIST #278* Cauncilmember Frahm moved , Cauncilmember Adams seconded , tp approve City Administratar Benson ' s letter dated October 18 , 1983 , ta William Fenhplt concerning the enf�rcement of the Orona High Schaal ' s parking lot. Mation, Ayes ( 5) , Nays (p) . REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 24 , 1983. PAGE 7 LETTER TO DAVID ROSEKRANS — NOERENBERG GARDENS BOAT HOUSE* Councilmember Frahm maved , Cauncilmember Adams seconded , to apprave City Administratar Benson' s letter dated October 19 , 1983 , to David Rosekrans concerning the Noerenberg Gardens boath�use . Mation, Ayes (5) , Nays (0) . i,-1ETTER TO LONG LAKE �AYOR AR�HUR KUNZE — ��DONALDS APPLICATIO�� Councilmember Franm moved , C�uncilmember Adams seconded , to approve City Administrator Benson' s letter dated October 19 , 1983 , ta Long Lake Mayor Kunze c�ncerning the McDanalds propasal . Motion, Ayes (5) , Nays (8) . PROPOSED ORDINANCE CODE CHANGES City Att�rney Radio n�ted the need far additional language ta be added in charges relating t� misdemeanors . Radia stated that the current charge fpr a misdemeanpr is $500 under Orona ' s cade but the State af Minnesota changed it tp $?410 . Radia suggested amending the cade ta read wherever the wprd misdemeanar ta insert as fpllaws : "with such penalties as stated in Minnespta Statute Sectian 609 . 634" Mayor Butler maved , C�uncilmember Adams seconded , ta call fpr a public hearing ta be schedu�ed f�r Navember 14, 1983, at 7 : �Q PM. Mation, Ayes (5) , Nays (0) . STIPULAT'ION — BEDERWOOD DRIVE City Attarney Radio stated that the Jandr�s are seeking tp register a parcel af land invalving Bederwoad Drive . Radi� stated that by appraving this stipulatian that it would put them an natice that Bederwoad Drive is a public raad . Radio nated that � additional language wauld have tp be added . Mayar Butler maved , Councilmember Franm seconded , ta appraveBederwapd Drivebeingapenedfarpublic travel for 17 years . Motion , Ayes (5) , Nays (0) . PROPOSED ORDINANCE — PARADES & SPECIAL EVENTS City Attorney Radio stated that a few changes wauld have to be made bef�re the public hearing . C�uncilmember Adams moved , Councilmember Frahm secpnded , ta schedule a public hearing fpr November 14, 1983 , at 7 : 10 PM. Moti�n, Ayes (5) , Nays (0) . LICENSES* Councilmember Frahm maved , Councilmember Adams seconded , ta approve a plumbing license for Richfield Plumbing . Mation, Ayes (5) , Nays (0) . REGULAR MEETING OF THE ORONO COUN�IL, OCTOBER 24, 1983. PAGE 8 ��LT;S�§- Cauncilmember Frahm moved , Cpuncilmember Adams secanded , that the All Funds Acc.ounts and Liquar Stare Accounts be paid . Mation , Ayes ( 5) , Nays (P�) . ?'•,i�JOUn��:��:`: � : 4� P.'�S, Councilmember Grabek moved , Cauncilmember Frah�� secanded , tp adjourn the Council meeting at P : 4(3 P.I�;� Mation , Ayes (5) , Nays (P1) . � Mary C. Bu r , Mayor ATTEST: �2�/�°�� /��•_��L" Alberta M, Stram, City Cler�