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HomeMy WebLinkAbout02-13-1984 Council Minutes REGULAR MEETING OF THE ORONO COUNCIL HELD FEBRUARY 13, 1984 . PAGE 1 ATTENDANCE 6 :00 P.M. The Orono Council met on the above date with the following members present : Mayor Butler, Council- members Adams, Frahm, Grabek and Hammerel. City Administrator Benson was present but left the meeting at 7 : 26 p.m. City Attorney Malkerson, City Engineer Cook, Zoning Administrator Mabusth, Public Works Coordinator Gerhardson, and Recorder Sutton represented the City Staff . MILLER DAVIS COMPANY VOTING MACHINE DEMONSTRATION Otto Johannes , Jace Beckstrand, and Mike Hoversten represented the Miller Davis Company and presented their punch card voting machine. City Administrator Benson asked how many other communities this type of machine was currently serving. Mr. Johannes stated that approximately 75 other communitiesuse thistype of system. Johannes stated that this type of system also has an absentee voting feature. Jace Beckstrand presented the card feeder and stated that this equipment was designed and is fully serviced by the Miller Davis Company. Beckstrand stated that the reader can read 300 cards per minute or 300 ballots . Beckstrand stated that this system has an error detection device and also reads damaged cards . Beckstrand stated that you would have a printout for each precinct. Beckstrand stated that if there were to be any equipment problems that he would service them. Beckstrand stated that if there were problems on election night that he could have another machine within one hour or less. Beckstrand stated that the equipment price does include the training of the City personnel. Councilmember Frahm asked what happens if someone votes twice under the same office. Mr. Johannes stated that the reader would disregard that particular office. City Administrator Benson asked if this equipment had been certified by the State of Minnesota . Jace Beckstrand stated that this equipment at this moment is not certified, but that Miller Davis Company has initiated certification�proceedings and that they will be certified after April . Beckstrand stated that he is confident that they will be certified after April because this equipment is very similar to their other machines that are certified . REGULAR MEETING OF THE ORONO COUNCIL HELD FEBRUARY 13, 1984. PAGE 2 EL MARRETING COMPANY VOTING MACHINE DEMONSTRATION Ed Lellbachand Herb Reissnerrepresented E1Marketing Company and they presented their punch card voting machine equipment. Herb Reissner stated that El Marketing serves most the surrounding communities around Orono. Reissner stated that E1 Marketing offers a hand feed machine option and also a very advanced automatic system. Councilmember Frahm moved, Mayor Butler seconded, to direct staff to develop specifications for bidding the punch card system that would outline costs for new machines , trade-in allowances , service contracts on equipment and supplies , and all other costs related to the purchasing of voting machines compared to the machines we have now. Motion, Ayes ( 5 ) , Nays ( 0 ) . CONSENT AGENDA* Mayor Butler moved, Councilmember Hammerel seconded, to remove item #2 from the Consent Agenda. Motion, Ayes ( 5 ) , Nays ( 0 ) . Mayor Butler moved, Councilmember Hammerel seconded, to approve the Consent Agenda* , subject to removing item #2 from the Consent Agenda, with all staff reports concerning items reviewed at this meeting to be attached to the original copy of these minutes on filed in the City Clerk' s office. Motion, Ayes ( 5 ) , Nays ( 0 ) . MINUTES Mayor Butler noted a change on page 5 of the minutes that the Council did not call for a public hearing concerning the North Shore Drive Marina, and to reword that paragraph. Mayor Butler moved, Councilmember Frahm seconded, to approve the minutes of the regular meeting of January 23 , 1984 . Motion, Ayes ( 5 ) , Nays ( 0 ) . PARK COMMISSION COMMENTS Tnere were no Park Commission comments . LARL MINNETONKA � CONSERVATION DIST. There were no Lake Minnetonka Conservation District comments . PLANNING COMMISSION COMMENTS Planning Commission Representative Kelley had no comments. PUBLIC COMMENTS There were no comments from the public present. REGULAR MEETING OF THE ORONO COUNCIL HELD FEBRUARY 13, 1984 . PAGE 3 #758 JAMES BIGHAM � 1545 LONG LAKE BLVD. CONDITIONAL USE PERMIT RESOLUTION #1600 James Bigham was present. Zoning Administrator Mabusth stated this was an after-the-fact application and that Mr. Bigham wished to expand the application. James Bigham stated that he would be stabilizing the banks and that there would be no fill . Councilmember Frahm moved, Councilmember Adams seconded, to approve Resolution #1600 , A Resolution Granting a Conditional Use Permit to Niunicipal Zoning Code Section 31 . 700 and a Variance to Municipal Zoning Code Section 31 . 831 to James Bigham, amending condition #3 (b) in the resolution to read "Long Lake" instead of Lake Minnetonka, and amend.ing conditions 1 and 2 to read as follows : l . The upper, separated box section of the existing retaining wall encroaching upon ivy Lane will be reconstructed subject to the City' s approval . 2 . Foundation and roof drainagemust be directed away from Ivy Lane. Motion, Ayes (5 ) , Nays ( 0 ) . �775 CARL PARTEN 1025 TONRAWA ROAD FINAL SUBDIVISION RESOLUTION #1601 Carl Parten was not present. Zoning Administrator Mabusth stated that the sewer realignment issue had been resolved and is sati sf actory to the city staf f, and the City has the necessary easements . Councilmember Frahm moved, Mayor Butler seconded, to approve Resolution #1601, A Resolution Approving the Plat of CARLWOOD. Motion, Ayes ( 5 ) , Nays ( 0 ) . #803 TIM ADAMS 1810 WEST FARM ROAD CONDITIONAL USE PERMIT Councilmember Adams stepped downfrom his Councilseat and addressed the Council as an applicant. Councilmember Frahm asked where the fill would be put that they would be removing. Frahm noted that this was not a wetlands. Tim Adams stated that less than 10 , 000 cubic yards of fill would be removed and s�read around the perimeter so that all fill will be used on the property. Adams noted the pond would be 6 ' in depth which was recommended for mosquito control. REGULAR MEETING OF THE ORONO COUNCIL HELD FEBRUARY 13, 1984 . PAGE 4 #803 TIM ADAMS Councilmember Frahm asked how they would keep the pond from filling in. Tim Adams stated that it would be a clay base and that with the soil types it wouldn ' t fill in. Zoning Administrator Mabusth noted this is why the City must have plans for the pond to assure that pond ' s banks would not erode. Planning Commission Representative Kelley asked if this would be a designated wetlands after the pond is constructed. Kelley asked if Adams would be able to dredge 15 years from now. Zoning Administrator Mabusth stated yes that it would be classified as wetlands after constructed and that it would be impossible to predict whether a future Council would approve maintenance dredging. Councilmember Frahm stated that the City should note that this is not a designated wetlands , this area does not have the soil types found in a wetlands , this area will not drain into a wetlands , and this will not overflow into a wetlands . Zoning Administrator Mabusth noted that the applicant would not be allowed to construct the pond until the building permit for the house was issued, because of the attractive nuisance and to create a pond without a house. Tim Adams asked Council if he could have the land alteration permit for the pond before the building permit, because the permit for the house won' t be until late April . Councilmember Hammerel moved, Mayor Butler seconded, to approve based on the above f indings the conditional use permit and to direct staff to draft a resolution of approval for action at their next meeting for construction of pond subject to applicant submitting detailed plans of the pond and subject to staff approval . Motion, Ayes ( 4 ) , Nays (0 ) . Tim Adams returned to his Council seat. #805 JOHN HALLSON 2540 WATERTOWN ROAD PRELIMINARY SUBDIVISION Mrs. Hallson was present. Zoning Administrator Mabusth stated this was a two lot plat . Mayor Butler moved, Councilmember Hammerel seconded, to approve the two lot plat for John Hallson, finding that all lot standards of the RR-1B zoning district and the Orono On-Site Septic System Code have been met, subject to the fol]_owing conditions : REGULAR MEETING OF THE ORONO COUNCIL HELD FEBRUARY 13, 1984. PAGE 5 #805 JOHN HALLSON l . Approval of Lot 2 access location by Public Works Coordinator. 2 . Dedication of 33 ' of right of way for Watertown Road . 3 . Payment of Park Fee of $100 for residential Lot 2 . 4 . Dedication of drainage and utility easements on the plat. Motion, Ayes ( 5 ) , Nays ( 0 ) . �808 GARY NONNALLY 3844 CHERRY AVENUE VARIANCE RESOLUTION #1602 Gary Nunnally was present. Zoning Administrator Mabusth noted that this is a renewal variance for construction of a new residence . Councilmember Frahm stated that something should be added in the resolution which warns the applicant of the hardcover limitations . Councilmember Frahm moved, Councilmember Adams seconded, to approve Resolution #1602 , A Resolution Granting A Variance Renewal To Municipal Zoning Code Sections 34 . 552 and 34 . 402 , to permit construction of a new residence subject to the hardcover warning being added to the resolution. Motion, Ayes ( 5 ) , Nays ( 0 ) . F.W_B.I. SEWER STUDY City Engineer Cook pre5ented the F.W.B. I . sewer study. Cook stated that the study revealed that there is a capacity problem with Lift Station #6 . Cook stated that Lift Station #6 has been upgraded to handle the flow right now, but if additional units are added it will have to be upgraded some more. Cook stated that there are two options : one to upgrade Lif t Station #6 , and the other is to bypass Lift Station #7 . Cook stated the bypass line is estimated to cost $104 , 200 and the upc�rading of Lift Station #6 would cost $121 , 800 . Cook stated that it is more economical to go with the bypass option. Mayor Butler stated that the people who were just assessed for the improvements made last spring will not want an additional assessment. Butler stated that many of those people will ask why the City did not inform them of this second assessment. REGULAR MEETING OF THE ORONO COUNCIL HELD FEBRUARY 13, 1984 . PAGE 6 F.W.B.I. SEWER STUDY � Councilmember Frahmstated that the F.W.B. I . should be assessed for a major portion of that total and that the taxpayers shouldn ' t have to pay the major portion� Frahm stated that the City should use the same ratio as was used in the Schlee Development project. Frahm stated that the City should go with the bypass option. Councilmember Adams agreed that the F.W.B. I . should pay a good part of the cost of the improvement just like the Schlee Developers had to do, and that he felt the bypass option was the best. City Attorney Malkerson stated that since this concerns the F.W. B. I . that they should be notified of this sewer study, since the City wishes them to pay a major portion of the improvement. Mayor Butler stated that $16 , 000 is not a major part of $104 , 200 and that staff should look at the ratio used in the Schlee project. City Attorney Malkerson suggested looking at the assessment history also. Councilmember Adams moved, Mayor Butler seconded , to direct staff to refigure the amount that the F.W.B. I . will pay based on the ratio used in the Schlee Development project, and for staff to look back at the assessment history. Motion, Ayes ( 5 ) , Nays ( 0 ) . COUNTY ROAD #15 MEETING REPRESENTATIVE ADAMS Councilmember Adams stated at the last meeting, Mound and Spring Park had adopted resolutions regarding the CSAH 15 . Adams stated that his only problem with Mound' s resolution was that their right and left turn lanes were continuous up to the Seton bridge. Adams stated that he saw the plan and that it did make sense to have continuous right and left turn lanes. Adams stated that Mound agreed to stripe the lanes as right and left turn lanes. Councilmember Frahm stated that they still have the four lanes . Frahm stated that Spring Park could have four lanes from Seton bridge on. Councilmember Adams stated that that is not their intent and that the resolution states that it is their concept to have two lanes with right and left turn lanes. Adams stated that all three cities need resolutions to go to Hennepi'n County with all the three cities agreeing on two lanes. Adams stated that it was left up to each city where they were to put left and right turn lanes . REGULAR MEETING OF THE ORONO COUNCIL HELD FEBRUARY 13, 1984. PAGE 7 COUNTY ROAD #15 MEETING . Mayor Butler stated that the City should adopt a resolution in line with Spring Parks so that it can be submitted to Hennepin County. I2ESOLUTION #1605 Mayor Butler moved, Councilmember Adams seconded, to approve Resolution #1605 , A Resolution Setting Minimum Needs For Improvement of CSAH 15 . Motion, Ayes (5 ) , Nays ( 0 ) . L:���.;OR STORE OPERATING RESULTS - FOURTH QUARTER 1983* Mayor Butler moved, Councilmember Hammerel seconded, to approve the Fourth Quarter Liquor Store Operating Report. Motion, Ayes ( 5 ) , Nays ( 0 ) . ST�1.TE OF MN PUBLISHING REQUIREMENTS* Niayor Butler moved, Councilmember Hammerel seconded, to approve the State of Minnesota Publishing Requirements for Liquor Store Operations . Motion, Ayes ( 5 ) , Nays ( 0 ) . INVESTEMENTS AS OF DECEMBER 31, 1983* Mayor Butler moved, Councilmember Hammerel seconded, to approve the investement as of December 31 , 1983 . Motion, Ayes ( 5 ) , Nays ( 0 ) . 3�IONTHLY & YEAR-TO-DATE ��71�ItdARIES OF RECEIPTS DISBURSEMENTS & BALANCES*Mayor Butler moved, Councilmember Hammerel seconded, to approve the monthly and year-to-date summaries of receipts, disbursements and balances dated December, 1983 . Motion, Ayes ( 5 ) , Nays ( 0 ) . RESOLUTION #1603 SEASONAL WEIGHT REST.* Mayor Butler moved, Councilmember Hammerel seconded, to approve Resolution #1603 , A Resolution Designating Weight Limits for 1984 . Motion, Ayes ( 5 ) , Nays ( 0 ) . MWCC MEETING* Mayor Butler moved, Councilmember Hammerel seconded, to approve the MWCC notice of ineeting. Motion, Ayes (5 ) , Nays ( 0 ) . ���RY ADJUSTMENT - JOAN LATTIN* Mayor Butler moved, Councilmember Hammerel seconded, to approve a salary adjustment for Joan Lattin from $18 , 531 . 50 to $19 , 828 . 70 effective February 13 , 1984 . Motion, Ayes ( 5 ) , Nays ( 0 ) . SALARY ADJDSTMENT - CHARLOTTE RNUTSON* Mayor Butler moved, Councilmember Hammerel seconded, to approve a salary adjustment for Charlotte Knutson from $7 . 50 per hour to $8 . 00 per hour effective February 13 , 1984 . Motion, Ayes ( 5 ) , Nays ( 0 ) . REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 13, 1984. PAGE g 1984GOLF COURSE RATES* Mayor Butlermoved, Councilmember Hammerel seconded, to approve the 1984 Orono Golf Course rates . Motion, Ayes (4 ) , Nays ( 0 ) . 1984 POLICE DEPARTMENT �TJI3�ETED CAPITAL OUTLAY " � . .�'::�.SEMENT* Mayor Butler moved, Councilmember Hammerel seconded, to approve the1984Police Department Budgeted Capital Outlay Disbursement prepared by Finance Director Kuehn. Motion, Ayes ( 5 ) , Nays ( 0 ) . 1984 BID AWARD - EQUIPMENT & MATERIALS* Mayor Butler moved, Councilmember Hammerel seconded, to approve the 1984 Bid Award for Equipment and Naterials as presented. Motion, Ayes ( 5 ) , Nays ( 0 ) . RESOLUTION #1604 HUD REHABILITATION* Mayor Butler moved, Councilmember Hammerel seconded, to approve Resolution #1604 , A Resolution To Participate With Hennepin County In the HUD Rental Rehabilitation Demonstration Program. Motion, Ayes ( 5 ) , Nays ( 0 ) . NAVARRE BUSINESS DIST* Mayor Butler moved, Councilmember Hammerel seconded , to approve City Administrator Benson ' s memo dated February 8 , 1984 , concerning the Navarre Business District . Nlotion, Ayes (5 ) , Nays ( 0 ) . MPCA EN�IIRONMENTAL ASSESSMENT WORKSHEET* Mayor Butler moved, Councilmember Hammerel seconded, to retain the services of John Shardlow, Prineipal Planner with Dahlgren & Associates to gather information concerning the MPCA. Motion, Ayes ( 5 ) , Nays (0 ) . WAXZATA TO EXCELSIOR HALF MARATHON* Mayor Butler moved, Councilmember Hammerel seconded, to approve City Administrator Benson ' s memo dated February 7 , 1984 concerning the Wayzata-to-Excelsior Half Marathon. Motion, Ayes ( 5 ) , Nays ( 0 ) . NEWS RELEASE - , MAPLE PLAIN WASTEWATER TREATMENT PLANT* Mayor Butler moved, Councilmember Hammerel seconded , to approve the news release about the Maple Plain Wastewater Treatment Plant. Motion, Ayes ( 5 ) , Nays ( 0 ) . APPOINTMENT OF NORM PAURUS TO MCWD* Mayor Butler moved, Councilmember Hammerel seconded , to approve City Administrator Benson ' s letter dated January 30 , 1984 to Kay Mitchel, Clerk of Hennepin County Board of Commissioners , concerning the appoint of Norman Paurus to the MCWD board. Motion, Ayes ( 5 ) , Nays ( 0 ) . REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 13, 1984 _ PAGE 9 LETTER TO CRYSTAL BAY/ STUBBS BAY RESIDENTS* Mayor Butler moved, Councilmember Hammerel seconded, to approve City Administrator Benson ' s letter to the Crystal Bay/Stubbs Bay sewer project residents . Motion, Ayes ( 5 ) , Nays ( 0 ) . - _ "::�.?��ES* Mayor Butler moved, Councilmember Hammerel seconded, to approve the following licenses : Maxwell Alvord - Residential Kennel License John Traul - Residential Kennel License Robert Waag - Residential Kennel License Orono Golf Course - 3 . 2 On-Sale Beer License Minnetonka Fishing Center - Cigarette License Wayzata Country Club - Cigarette License Art Center of MN - One Day Setup Permit for February 16 and July 13 , 1984 . Motion, Ayes ( 5 ) , Nays ( 0 ) . BILLS* Mayor Butler moved, Councilmember Hammerel seconded, that the All Funds Accounts and the Liquor Store Accounts be paid. Motion, Ayes ( 5 ) , Nays ( Q ) . ADJOURNMENT 8 :40 P.M. Mayor Butler moved, Councilmember Frahm seconded, to adjourn at 8 : 40 p.m. Motion, Ayes ( 5 ) , Nays ( 0 ) . .�- Mary C. ` utler, Mayor Tom Frahm, Acting Mayor ATTEST: , ��/�.�,�� :��. �.1��� Alberta M. Strom, City Clerk