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HomeMy WebLinkAbout11-14-1983 Council Minutes CITY OF ORONO REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 14, 1983. PAGE 1 ATTENDANCE 7:H0 P.M. The Orono Council met on the above date with the following members present : Mayor Butler , Council- members Adams , Frahm, Grabek and Hammerel . Zoning Administrator Mabusth , Public Works Coordinator Gerhardson, Police Chief Kilbo , City Engineer Cook , City Attorney Malkerson, and Recorder Sutton represented the City staff . City Administrator Benson arrived at 7 : 15 P.M. PUBLIC HEARING - PROPOSED ORDINANCE CODE CHANGES MISDEMEANORS 7:�H-7:H4 P.M. ORDINANCE NO_ 252 Mayor Butler announced that now was the time and place ,for the public hearing concerning the proposed ordinance code changes on misdemeanors. Recorder Suttonnoted theaffidavitof publication. There was no one present in the audience for this public hearing . Mayor Butler noted that this code change refers to the Minnesota Statute which mandates the level of fines and there are no other substantive changes . Mayor Butler closed the public hearing at 7 : 04 P.M. Councilmember Frahm moved , Mayor Butler seconded , to approve Ordinance No . 252, An Ordinance Amending Chapters 20 , 23 , 31 , 32, 50 , 53 , 54 , 55 , 69 , 59A, 69B, 69C , 73 , 80A, 110 , 113 Of The Orono Municipal Code Relating To Misdemeanors. Motion, Ayes (5) , Nays (�1) • APPROVE SUI�MARY Councilmember Frahm moved , Mayor Butler seconded , to approve the summary to be published in the paper . Motion, Ayes (5) , Nays (Q1) . PUBLIC HEARING - PARADES & SPECIAL EVENTS 7:10-7: 11 P.M. ORDINANCE NO. 253 Mayor Butler announced that now was the time and place for the public hearing concerning the proposed ordinance outlining permit requirements for parades and special events. Recorder Sutton noted the affidavit of publication. There was no one present from the audience for this public hearing . Mayor Butler closed the public hearing at 7 : 11 P.M. Councilmember Frahm moved , Councilmember Adams seconded , to approve Ordinance No . ?_53 , An Ordinance Outlining Permit Requirements For Parades And Special Events. Motion, Ayes (5) , Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 14, 1983. PAGE 2 CONSENT AGENDA* Councilmember Adams moved , Councilmember Hammerel seconded , to remove ite�s 4 , 3h, and 56 from the Consent Agenda* and to remove item 3F3 completely from the agenda. Motion, Ayes (5) , Nays (0) . Councilmember Adams moved , Councilmember Hammerel seconded , to approve the Consent Agenda* , subject to removing items 4 , 3h , and 56 from the Consent Agenda* and removing item 38 completely from the agenda . Motion, Ayes (5) , Nays (0) . APPROVAL OF MINUTES Mayor Butler moved , Councilmember Frahm seconded , to approve the October 24 , 1983 , Council minutes subject to the Transportation Report section being removed where it states "that Adams would prepare a report" . Motion, Ayes (5) , Nays (0) . APPROVAL OF MINUTES* Councilmember Adams moved , Councilmember Hammerel seconded , to approve the minutes of the Special Meeting of November 2, 1983 , o€ the Orono Council . Motion, Ayes (5) , Nays (QJ) . LAKE MINNETONRA CONSERVATION DISTRICT REPORT Mayor Butler called attention to the fact that the LMCD had submitted their schedule of ineetinqsfor November and December of 1983. PLANNING COMMISSION COMMENTS Planning Commission Representative Goetten had no comments. PUBLIC COMMENTS Councilmember Grabek stepped down from his Councilmember seat and asked if he could discuss another matter at this time. Mr . Grabek noted that as president of the Forest Arms Country Club Addition Homeowners Association he received the annual joint use dock license application. Grabek noted that the taxation for multiple docks on the lake seem to be redundant with that of the LMCD. Grabek stated that they are being double taxed by almost the same bodies by the City and the LMCD. Grabek asked that the taxation of multiple docks be rescinded . Councilmember Adams noted that those fees that are charged are for covering administrative fees. Mr . Grabek stated that they are literally being double taxed for the same kind of license. Councilmember Adams asked that the Marina Committee examine this issue. REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 14, 1983. PAGE 3 Councilmember Frahm stated that the two bodies (the City and the LMCD) have a checks and balance system whereby they can check each other . Frahm noted that he wouldn' t feel comfortable eliminating that. Frahm noted that the fees aren ' t that big and that they cover only the administrative fees. Norm Paurus noted that the LMCD deals with the lake issues and that the City deals with the land use issues of the licenses . �7RJ1 WILLIAM GREGORY/ DAVID DUFF 1410-142q SHORELINE DR FINAL SUBDIVISION RESOLUTION �1575 Larry Berg was present. Mabusth noted that she was just presented with the fees that were outstanding . Mabusth noted that a letter of credit for $3 ,Q0P1 . 00 would be required . Mayor Butler stated that the Council should address the fence issue . Mabusth stated that it would not be a privacy fence but a fence mainly to prevent trespassers . Norm Paurus stated that if the fence is to be placed in the water that they would need the LMCD' s approval . Mayor Butler stated that they would bring back the fence issue around April when it will be installed or if it will even be installed that the Council will address that issue at that time. RESOLUTION �1575 Councilmember Grabek moved , Councilmember Adams seconded , to approve Resolution �1575, A Resolution Approving The Plat Of DRAGONFLY HILL. Motion, Ayes (5) , Nays (0) . #726 WILLIAM GREGORY 1410 SHORELINE DRIVE VACATION RESOLUTION #1576 Larry Berg was present. Councilmember Grabek moved , Councilmember Frahm seconded , to approve Resolution #1576 , A Resolution Vacating All Of Bracketts Avenue In The Plat Of Orono , Hennepin County, Minnesota . Motion , Ayes ( 5) , Nays (0) . #759 LEONARD MACKINNON 340H WATERTOWN ROAD FINAL SUBDIVISION RESOLUTION �1577 Leonard MacKinnon was present. Mayor Butler moved , Councilmember Frahm seconded , to approve Resolution #1577 , A Resolution Approving The Plat Of KINTYRE. Motion, Ayes ( 5) , Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 14, 1983. PAGE 4 #751 DOUGLAS SMITH 3237 CASCO CIRCLE VARIANCE Douglas Smith and Mr . and Mrs . Tuthill were present . Councilmember Frahm noted that there is a common ownership problem and that he would not be able to act on the application until the City has finished their common ownership study and has set some standards. Douglas Smith stated that delaying would prevent construction. Smith noted thattheCity hashadample time to solve the common ownership issue . Mr . Tuthill noted that when he sold the lot to Mr . Smith that he was under the impression that it was buildable . Tuthill noted that there is nothing specific in the zoningcodewhichaddressesthecommonownershipissue or problem. Mayor Butler read the sections from the zoning code which the City bases its position on lots of common ownership. Mr . Tuthill stated that na where in that section does it mention anything about common ownership. Mayor Butler noted the zoning for the neighborhood which is half-acre and stated that the lot meets only 3/4 of the zoning requirements. Planning Commission Representative Goetten stated that in her opinion she felt that the Planning Commission was trying to help Mr . Smith by approvinq at this time because they had hoped that resolution of the common ownership issue would be forthcoming . Councilmember Frahm noted that other people are waiting for the Council ' s decision regarding common ownership and not just the Smiths. Mr . Smith stated that when he purchased the lot that he figured it was buildable and that he is paying taxes an a buildable lot. City Attorney Malkerson asked if this lot has been charged for a sewer unit and asked if there was a stub? Zoning Administrator Mabusth stated no that the lot � has not been charged for a sewer unit and that she wasn' t sure if there was a stub available or not? Councilmember Frahm asked about a lot line rearrangement? REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 14, 1983. PAGE 5 #751 DOUGLAS SMITH Mr . Tuthill stated that he has sold his house as it stands and that a lot line rearrangement wouldn' t be possible. Councilmember Hammerel noted that it was not unanimous approval by the Planning Commission and noted Callahan' s comments which essentially meant that the common ownership issue had to be dealt with first . Councilmember Grabek suggested setting the date earlier for resolution af the common ownership issue from January 1 to their December 12 meeting . Grabek noted that it is not fair to the citizens of Orono by delaying this common ownership issue . Councilmember Grabek moved , Councilmember Adams seconded , to table Douglas Smith' s application pending more information and that the Smith application be brought back to Council on December 12 for action based on the additional information. Grabek asked for the following information to be submitted : l . Additional information on the sewer and taxation of sewer units . 2. What percentile this lot falls into with the surrounding neighborhood . 3 . How mortgages are held in common ownership situations? 4 . If this lot has a sewer stub available and how it was treated in the past. 5. Whether or not there was any tax abatement proceedings. 6. Whether or not there was any correspondence from the present owner about the status of this lot , whether or not it was buildable . ? . In applicants letter , it states that similar varianceshavebeengrantedandthatthe applicant should identif_y which ones those were so that staff can investigate those to see if a pr. ecedent has been set . Motion, Ayes (5) , Nays (0) . Zoning Administrator Mabusth stated that all other work on zoning applications would have to cease until after the first of the year in order to allow adequate staff time an the common ownership issue . REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 14, 1983. PAGE 6 #761 DOUGLAS SMITH Councilmember Grabek moved that the common ownership issue be solved by the December 12 , 1983 meeting . Mayor Butler asked if it was fair to hold up the rest of the community. Councilmember Grabek moved , Councilmember Adams seconded , to withdraw his £ormer motion and moved to have the common ownership issue solved by January 9 , 1984 , Council meeting , and at that same meeting to act on the Smith application. Motion, Ayes (5) , Nays (Q) . City Attorney MalkersonstatedthattheCouncil should ask if Mr . Smith wishes to have the Council act on his application at the December 12 meeting or table it at that time until the January 9 , 198�3 , meeting after the common ownership issue has been resolved . Douglas Smith stated that he didn ' t wish to answer that at this time. Councilmember Adams asked for a memo from City Administrator Benson on how the Building & Zoning Department would set their priorities so that they can accomplish this goal . �765 RUDOLPH HOCH 875 PARTENWOOD LANE VARIANCE RESOLUTION �1578 Zoning Administrator Mabusth stated that the Hoch' s had signed off on the resolution. Mayor Butler moved , Councilmember Hammerel seconded , to approve Resolution #1578 , A Resolution Granting A Variance To Ordinance 173 , to permit construction of a ti0 ' length dock to be located 0' from the extended side property line. Motion, Ayes (5) , Nays (0) . �779 DONALD MAAS/ PARR GUN CLUB 3559 SIXTH AVE. NO. CONDITIONAL USE PERMIT RESOLUTION �1579 Donald Maas was present . 7oning Administrator Mabusth noted that staff had answered all the Council ' s questions from the last meeting concerning the gun club use . Councilmember Hammerel moved , Councilmember Frahm seconded , to approve Resolution #1579 , A Resalution Granting A Conditional Use Permit to Municipal Zoning Code Section 34 .821 and 32.40H . Motion, Ayes (5) , Nays (0) . Donald Maas asked about the quit claim deed and that if the road was vacated at sometime in the future, would it automatically come back to the gun club. REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 14, 1983. PAGE � �779 DONALD MAAS/ City Attorney Malkerson stated that it wouldn' t under PARK GUN CLUB a quit claim deed , because in a quit claim deed you would be giving up ownership. Malkerson suggested the applicant granting a road and utilities easement to the City. Donald Maas stated that board of directors would probably rather have an easement so that they could retain awnership of the road . Mayor Butler moved , Councilmember Adams seconded, to amend Resolution #1579 . Motion, Ayes (5) , Nays (P�) . #782 OLE OVERBOE 446H FOREST LAKE LANDING VARIANCE RESOLUTION �158P1 Zoning Administrator Mabusth noted that the Overboe ' s had signed off on the resalution and had no problems with it. Councilmember Frahm moved , Councilmember Grabek seconded , to approve Resolution #1580 , A Resolution Approving A Variance To Municipal Zoning Code Section 34 . 452, to permit construction of a detached garage l . 5feetfromthefront/streetlotline . Motion, Ayes (5) , Nays (0) . #789 RICHARD HOWELL 965 EDGEWOOD HILLS RD VARIANCE RESOLUTION #1581 Mrs. Howell was present . Zoning Administrator Mabusth noted the Howells were seeking a variance to construct a new residence . Mayor Butler moved , Councilmember Frahm seconded , to approve Resolution #1581 , A Resolution Granting A Variance to Municipal Zoning Code Section 34 . $42, to permitconstructionof a newresidence . Motion, Ayes (5) , Nays (�) . Mayor Butler noted that there is na street sign designating Edgewood Hills Road and stated that for emergency purposes there should be one . �790 GEORGE TORRELSON 57H TONKAWA ROAD VARIANCE RESOLUTION �1582 Mr . and Mrs. Torkelson were present . Zoning Administrator Mabusth stated that the applicants wisti to change the application to a 26 ' x 28 ' garage rather than a 26' x 24 ' garage. Mabusth noted that there wouldn' t be that much of an increase in hardcover . Councilmember Frahm asked if the applicants had considered porous pavement? REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 14, 1983. PAGE g �79H GEORGE TORKELSON Zoning Administrator Mabusth noted that porous pavement is very expensive and that the Torkelsons would be removing existing sheds to cut down on the h�rdcover . Councilmember Frahm moved , Councilmember Grabek seconded, to approve Resolution #1582, A Resolution Granting A Variance To Municipal Zoning Code Section 34 .452, to permit the construction of a 26 ' x 28 ' detached garage. Motion, Ayes (5) , Nays (0) . APPEARANCE 8:80 P.M. ROBERT BROWN, CHAZRMAN LAKE MINNETONRA CONSERVATION DIST. Robert Brown , Chairman of the Lake Minnetonka Conservation District, was present . Mayor Butler stated that one of the things that had concerned her in the relationship of the public of Orono and LMCD has been an apparent difficulty that the public perceives in attending some of the LMCD' s committee meetings. Butler noted the November and December meeting schedule which meetings are scheduled at places (James J. Hill and Lafayette Club) that the public wouldn' t feel comfortable in attending . Butler noted that these meetings may conform to the letter of the law but that she didn' t feel that they conform to the intent of the law. Mayor Butler asked Mr . Brown as chairman of the LMCD if he would ponder on the probability of having the LMCD meetings at a specific city hall so that the public knows when and where the meetings will be held . Robert Brown noted that the same procedures have been followed for 13 years. Mr . Brown stated that one of the LMCD' s biggest challenges was to get all their committee members to attend . Mr . Brown noted that all applications go through a formal public hearing and that those public hearings are held at various council chambersaround thecommunity. Mr . Brown stated that the committee meetings held are public meetings but that they aren' t public forum and that the LMCD' s main goal is to get the committee members to come to the meetings. Brown noted that they have their lake use meetings at the LMCD affices at 4 : 30 on Mondays and the dock structure meetings at 7 : 30 AM at J.J. Hill ' s Cafe . Brown noted not to offer breakfast at 7 : 30 AM would inappropriate. Brown noted that everytime they have tried to change their meeting places and/or times that the attendance of the committee members drops off . Brown noted that they did meet at the Lafayette Club one or twice but that even he felt that this was not the appropriate place to have a meetinq because the club is a private one. Mr . Brawn noted that he would take Mayor Butler ' s suggestions and comments back to the board . REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 14, 1983. PAGE 9 ROBERT BROWN, CHAIRMAN LARE MINNETONKA MayorButler stated thatshehadseveralcallsfrom the CONSERVATION DIST. public asking her if they could attend these LMCD meetings and asking her if they were in fact public meetings. Butler again noted that if in fact the LMCD is having a public meeting that it should be in a public place. Butler stated that if the LMCD members don' t want to have just coffee and rolls at a city hall then let them eat breakfast at home . Councilmember Grabek noted a personal experience with the LMCD when he was at the public hearing that the neighbors felt that their opportunity to express themselves was limited . Grabek noted that when he attended a 7 : 30 AM meeting at the Peppers Pub that he felt he was intruding and it didn' t seem like they belonged there. Grabek seemed like it was a closed meeting and that they weren' t very hospitable . Mr . Brown noted that the board meetings meet at the same place, the Tonka Bay City Hall , and that these are the meetingsin which majordecisionsaremade . Brown noted that recommendations come from the committee meetings but that the major decisions are made at the board meetings which are held in a public place. Councilmember Frahm asked for the LMCD' s position on the Gray' s Bay Dam? Mr . Brown stated that the LMCD' s position is trying to protect the generalized use of the lake and letting the Watershed to manage the dam. Brown noted that they have taken a relatively non—technical position. Councilmember Frahm asked if the LMCD agreed with what the Watershed was doing? Mr . Brown stated not totally. Councilmember Adams asked for the LMCD' s position on the task force report? Mr . Brown noted that the LMCD hadn' t taken a formal position on the report yet , but that he had written a summary of comments on the task force report which he would give to City Administrator Benson. Councilmember Grabek stated that his personal dealings with the Executive Director of the LMCD that the way they were treated was unsatisfactory and asked if somecorrective action had been taken. Grabekalso nated that he had heard a great deal of dissatisfaction in their dealings with Mr . Mixa. Mr . Brown stated that they are aware af the fact that the Executive Director , Frank Mixa , is not outstanding in public relations but that he does the rest of his job very well . REGULAR MEETING OF TAE ORONO COUNCIL, NOVEMBER 14, 1983. PAGE 10 FINAL PAYMENT — PIPE D City Engineer Cook stated that he recommended approval of the final payment to City of Medina for Pipe "D" in the amount of $18 ,327 . 15. Cook noted that Orono ' s share in the project is $4 � 285 . 00 under the original estimate . Mayor Butler moved , Councilmember Adams seconded , to approve the final payment to the City of Medina in the amount of $18 , 327 . 15. Motion, Ayes (5) , Nays (0) . TRAFFIC SIGNAL — COUNTY ROAD 6 & HWY. 12 City Engineer Cook noted this is a temparary traffic signal being placed hy the Minnesota Department of Transportation at County Road 6 and Highway 12. Mayor Butler asked why they are proposing just a temporary signal , considering the enormous expense? City Administrator Benson stated that the Minnesota Department of Transportation has expansion plans for that intersection and that' s why the temporary signal will be placed there . � City Engineer Cook stated that in addition to the $11 ,925 which the City will be using MSA funds for , the City will end up providing power to the site and also the maintenance . Mayor Butler moved , Councilmember Frahm seconded , to approve the expenditure of $11 ,925 from the MSA funds for a temporary traffic signal to be located at County Road 6 and Highway 1?_ to be installed by Minnesota Department of Transportation. Motion, Ayes (5) , Nays (0) . EDWARDS/LEHMAN — CARMAN BAY SEWER AGREEMENT City Engineer Cook noted the developers agreement an the Carman Street sewer project. Cook noted the City' s total cost of participation is $13 , 200 . Councilmember Frahm moved , Mayor Butler seconded , to approve the developers agreement for the Carman Bay Sewer project. Motion, Ayes (5) , Nays (0) . APPOINT COUNCIL MEMBER TO HENNEPIN COUNTY �15 COMMITTEE Mayor Butler stated that the City has been asked at a meeting held a couple of weeks ago to appoint a council member to the discussion committee. Mayor Butler stated that in view of Tim Adams being the transportation person that he be appointed to that body. Mayor Butler moved , Councilmember Hammerel seconded , to appoint Councilmember Tim Adams to the Hennepin County #15 Committee. REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 14, 1983. PAGE 11 Councilmember Grabek stated that he would like to offer his services to serve on this committee . Grabek stated that he felt he has a fresher look at the situation. Motion, Ayes (3) , Nays ( 1) . Adams abstained . OFFICIAL TRANSPORTATION REPRESENTATIVE — ADAMS Mayor Butler noted that Councilmember Adams is the official transportation representative . MAYOR'S ANNOUNCEMENT Mayor Butler noted that the Navarre community has planted a 20' tall evercreen tree on the strip of greenery between Kelly Avenue and Tyra ' s Super Value parking lot . Butler noted that it will be used as a focal point for Christmas . CABLE T.V. MEETING Mayor Butler noted the Cable T.V. Meeting to be held on IVovember ?.2, 1983 , at 5 : 30 p.m. in the Shorewood C.ouncil Chambers . Butler noted that they would be analyzing the proposals. P[JBLIC HEARING — CABLE T.V. COMPANIES Mayor Butler noted the Cable T.V. Companies Public Hearing to be held on November 22, 1983 at � : 30 p.m. PUBLIC HEARING — MAPLE PLAIN INTERCEPTOR — MWCC* Councilmember Adams moved , Cauncilmember Hammerel seconded , to recognize the notice of the public hearing on the Maple Plain Interceptor to be held at the Maple Plain City Hall on Thursday, November 17 , 1983 at 7 : 3H p.m. Motion, Ayes (5) , Nays (0) . SECOND QUARTER LIQUOR STORE REPORT* Councilmember Adams moved , Councilmember Hammerel seconded , to approve Finance Director Kuehn' s memo dated Navember 4 , 1983 , concerning the Liquor Stores Operating Results. Motion, Ayes (5) , Nay (0) . THIRD QUARTER LIQUOR STORE REPORT* Councilmember Adams moved , Councilmember Hammerel seconded , to approve Finance Director Kuehn' s memo dated November 8 , 1983 , concerning the Liquor Stores Operating Results. Motion, Ayes (5) , Nays (0) . THIRD .QUARTER INVESTMENTS* Councilmember Adams moved , Councilmember Hammerel seconded , to approve Finance Director Kuehn' s memo dated November 7, 1983, concerning Investments as of September 30, 1983. Motion, Ayes (5) , Nays (0) . SEPTEMBER MONTHLY SUI�MARY* Councilmember Adams moved , Councilmember Hammerel seconded , to approve the Summary of Receipts , DisbursementsandBalancesforthemonth ofSeptember , 1983. Motion, Ayes (5) , Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 14, 1983. PAGE 12 NINE MONTH YEAR-TO- DATE SUMMARY* Councilmember Adams moved , Councilmember Hammerel seconded , to approve the Nine month year-to-date Summary of Receipts , Disbursements and Balances . Motion, Ayes (5) , Nays (0) . FEDERAL REVENUE SHARING USE REPORT* Councilmember Adams moved , Councilmember Hammerel seconded , to approve Finance Director Kuehn' s memo dated October 27 , 1983 concerning the Federal Revenue Sharing Use Report. Motion, Ayes (5) , Nays (�) . TRANSFER OF FUNDS - REVENUE SHARING TO GENERAL FUND* Councilmember Adams seconded , Councilmember Hammerel seconded , to approve Finance Director Kuehn' s memo dated October 27 , 1983 concerning the tranfer of funds, Revenue Sharing to General Fund . Motion, Ayes (5) , Nays (0) . AGREEMENT/CONTRACT FOR BUILDING INSPECTION SERVICES* Councilmember Adams moved , Councilmember Hammerel seconded , to approve the Agreement & Contract for Building Inspection Services with Metro West . Motion, Ayes (5) , Nays (�) . FUTURE COUNCIL MEETINGS TO ACCOMMODATE HOLIDAYS* Councilmember Adams moved , Councilmember Hammerel seconded , to approve City Administrator Benson' smemo dated November 7 , 1983 , concerning future year-end Council meetings. Motion, Ayes (5) , Nays (0) . INSURANCE SPECS* Councilmember Adams moved , Councilmember Hammerel seconded , to approve Deputy Treasurer Lattin' s memo dated November 9 , 1983 , concerning Insurance Specification. Motion, Ayes (5) , Nays (0) . C.D.B.G. PROGRESS REPORT* Councilmember Adams moved , Councilmember Hammerel seconded , to approve Public Warks Coordinator Gerhardson' s memo dated November 8 , 1983 , concerning the Community Development Block Grant Program and a progress report. Motion, Ayes (5) , Nays (0) . PRIVATE ROADS VS. PUBLIC ROADS Councilmember Frahm noted that everybody pays the same taxeswhether or not they' re are plowed. Frahm noted that the City has to be careful under how the City is going to define a private road . REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 14 , 1983. PAGE 13 PRIVATE ROADS VS. PUBLIC ROADS ' City Administrator Benson noted that this is done at the time of the subdivision. Benson noted that if you look at the Community Management Plan that language is in there on the criteria for establishing private streets and why they are established . Benson noted that one would look at all the criteria such as: is it a through street , has it been blacktopped , what was the condition when the subdivision was approved by the City and how many homes does the street serve. Benson noted that the City has a levy limit and that any additional maintaining (plowing , etc . ) would have to be subcantracted out and becomes very expensive . Councilmember Adams stated that in some cases in which a developer has two cul de sacs that the City may be motivating him to connect the two cul de sacs in order to have the City recognize it as a public road . Councilmember Frahm noted that the City should be very clear on what they define as private road so that the City doesn ' t get hit with so many people with private roads wanting to have the City maintain them. Councilmember Frahm moved , Councilmember Adams seconded , toapprove City Administrator Benson' smemo dated November10 , 1983 , concerning Public vs . Private Roads. Motion, Ayes (5) , Nays (0) . RECODIFICATION* Councilmember Adams moved , Councilmember Hammerel seconded , to approve City Administrator Benson' smemo dated November 9 , 1983 , concerning Recodification. Motion, Ayes (5) , Nays (0) . CRIME PREVENTION PROGRAM Mayor Butler moved , Councilmember Frahm seconded , to table the Crime Prevention Program discussion. Motion, Ayes (5) , Nays (0) . MICHAEL GAFFRON — ASSISTANT BUILDING & ZONING ADMINISTRATOR* Councilmember Adams moved , Councilmember Hammerel seconded , to approve City Administrator Benson' smemo dated November 7 , 1983 , appointing Michael Gaffron to the Assistant Building and Zoning Administrator . Motion, Ayes (5) , Nays (0) . WINTERIZATION VESTIBULE — ADMINISTRATION BLDG* Councilmember Adams moved , Councilmember Hammerel seconded , to approve City Administrator Benson' smemo dated November 7 , 1983 , concerning the construction of a winterized vestibule at the Administration Building . Motion, Ayes (5) , Nays (0) . POLICE INTERN REQUEST* Councilmember Adams moved , Councilmember Hammerel seconded , to approve City Administrator Benson' s memo dated November 9 , 1983 , concerning a new request for a Police Intern. Motion, Ayes (5) , Nays (�) . REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 14, 1983. PAGE 14 STEP PAY RAISE - OFFICER MARK TOMCZYK* Councilmember Adams moved , Councilmember Hammerel seconded , to approve Chief of Police Kilbo' s memo dated November 8 , 1983 , requesting a step pay raise for Officer Mark Tomczyk to $2, 2p4 . 80 monthly. Motion , Ayes (5) , Nays (0) . FRANK MIXA'S RESPONSE - MARINA MATTERS* Councilmember Adams moved , Councilmember Hammerel seconded , to approve City Administrator Benson' smemo dated November 9 , 1983 , concerning Frank Mixa ' s response to marina matters. Motion, Ayes , (5) , Nays (�1) - MALRERSON/VAN NEST APPEARANCE AT MAPLE PLAIN PUBLIC HEARING* Councilmember Adams moved , Councilmember Hammerel seconded , to approve City Administrator Benson' s letter dated November 10, 1983 to Bruce Malkerson and Brad Van Nest , concerning their attendance at the Maple Plain Interceptor public heariny . Motion, Ayes (5) , Nays (0) . LETTER FROM ROGER LEMIEUX - CRYSTAL BAY POST OFFICE* Councilmember Adams moved , Councilmember Hammerel seconded , to accept Roger Lemieux' s letter dated October 24, 1983, concerning the Crystal Bay Post Office. Motion, Ayes (5) , Nays (0) . LETTER TO ROBERT BROWN* Councilmember Adams moved , Councilmember Hammerel seconded , to approve City Administrator Benson' s letter dated October 25, 1983 , concerning Mr . Brown ' s attendance at the November 14 , 1983, Council meeting . Mation, Ayes (5) , Nays (GJ) . LETTER TO MEL SINN* Councilmember Adams moved , Councilmember Hammerel seconded , to approve City Administrator Benson' s letter to Mel Sinn, Executive Director of Water Resources Board , dated October 26, 1983 , concerning the number of representatives on the MCWD. Motion, Ayes ( 5) , Nays (0) . APPOINTMENT INSURANCE AGENCY* Councilmember Adams moved , Councilmember Hammerel seconded , to approve City Administrator Benson' s letters to the David Agency, Reed Stenhouse Inc , and Transcontinental Builders , concerning the appoint- ment of the Murphy Insurance Agency. Motion, Ayes (5) , Nays (4J) . OFFICE PROCEDURES* Councilmember Adams moved , Councilmember Hammerel seconded , to approve City Administrator Benson' smemo dated October 28 , 1983 , concerning office procedures. Motion, Ayes (5) , Nays (0) . . . ' REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 14, 19R3. PAGE 15 FILE SEARCHES & RECORDS* Councilmember Adams moved , Councilmember Hammerel seconded , to approve City Administrator Benson' smemo dated October 28 , 1983 , concerning file searches and records. Motion, Ayes (5) , Nays (0) . MURPHY INSURANCE AGENCY - D. CARLSON* Councilmember Adams moved , Councilmember Hammerel seconded , ta approve City Administrator Benson' s letter dated October 28 , 1983 , to Dewey Carlson, concerning the appointment of the Murphy Insurance Agency. Motion , Ayes (5) , Nays (0) . JAMES GRABEK - FOREST AR�IS COUNTRY CLUB ADDITION HOMEOWNERS ASSOCIATION* Councilmember Adams maved , Councilmember Hammerel seconded , to approve City Administrator Benson' s letter to James Grabek, President of the Forest Arms Country Club Addition Homeowners Association, dated October 27 , 19f33 , concerning the conditions of the agreement. Motion, Ayes (5) , Nays (0) . TAEODORE BOER - COMPLAINT* Councilmember Adams moved , Councilmember Hammerel seconded , to approve City Administrator Benson' s letter to Theodore Boer dated October 31 , 1983 , concerning Mr . Boer ' s complaint. Motion, Ayes (5) , Nays (g) . LETTER TO MWCC* Councilmember Adams moved , Councilmember Hammerel seconded , to approve City Administrator Benson' s letter to Jean Bergal , Director of MWCC, dated November 7, 1983 , concerning the public hearing on the Maple Plain interceptor . Motion, Ayes (5) , Nays (0) . LETTER FROM MN PCA* Councilmember Adams moved , Councilmember Hammerel seconded , to accept Sandra Gardebring ' s letter dated November 4, 1983, concerning the Maple Plain interceptor . Motion, Ayes (5) , Nays (0) . SANDRA GARDEBRING Councilmember Frahm asked how the board meeting went. City Administrator Benson stated that we are scheduled to go before the board November 22, 1983 at 11: 00 a .m. LETTER TO BRUCE MALKERSON* Cauncilmember Adams moved , Councilmember Hammerel seconded , to approve City Administrator Benson' s letter dated November 8 , 1983 , to Bruce Malkerson cancerning future meeting dates. Motion, Ayes (5) , Na ys (0) . � . REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 14, 1983. PAGE 16 BEDERWOOD DRIVE - STIPULATION City Attorney Malkerson noted the stipulatian which allows the City in a torrence proceeding ta protect the interests of the City in a road that we picked up by adverse possession through the years . Mayor Butler moved , Councilmember Frahm seconded , to approve the stipulation as submitted. Motion, Ayes (5) , Nays (0) . CITY ATTORNEY REPORT City Attorney Malkerson gave an update on the Hommeyer/Williams matter in which they commenced a lawsuit against the City, the judge has dismissed it . Malkerson noted that the insurance company has agreed ta pay all costs that the City incurred . City Attorney Malkerson gave an update on the recodification and noted a staff ineeting that was held today. Malkerson stated that at this point the subdivision ordinance of the City is inadequate and many years ald and will be updated . Malkerson stated that the zoning code needs cleaning up procedurally and eliminating all the surplus language and redundancy. Malkerson stated that the Planning Commission believes that the subdivision regulations need more that just one meeting to talk about an 80 page ordinance. Malkerson noted that the deadline set cannot be met . City Attorney Malkerson noted that a second deadline was set for March 1 , 1984 . If Council chooses to have the March 1 , 1984 , deadline then the Planning Commission would have their meeting November 21 and give them 5f� days in order to make recommendations for the subdivision ordinance. Malkerson noted on January 21 , 1984 , the Planning Cammission should have a recommendation for Council . Malkerson suggested that Council adopt that schedule so that the City can meet the publication dead.line of March lst . Mayor Butler moved , Councilmember Adams seconded , to adjust the previous timetable set by Council for the subdivision regulations to March 1 , allowing the Planning Commission 60 days to make a recommendation to Council . Motion, Ayes (5) , Nays (�) . LICENSES* Councilmember Adams moved, Councilmember Hammerel seconded , to approve the following licenses: Art Center of MN - Temporary Setup Permit Art Center of MN - Temporary Setup Permit Motion, Ayes (5) , Nays (0) . � Y 1� REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 14, 1983. PAGE 17 BILLS* Councilmember Adams moved , Councilmember Hammerel seconded , that the All Funds Accounts and the Liquor Store Accounts be paid . Motion, Ayes (5) , Nays (0) . ADJOURNMENT Councilmember Grabek moved , Councilmember Frahm seconded , to adjourn at 9 : 55 p.m. Motion , Ayes ( 5) , Nays (0) . � � Mary C. But�l r , Mayor \ ATTEST: u--���1�r;r u� Alberta M. Strom, City Clerk