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Home My WebLink About04-09-1984 Council Minutes i r MINUTES OF THE ORONO COUNCIL MEETING HELD APRIL 9, 1984. PAGE 1 ATTENDANCE7 :00 P.M. The Orono Councilmet on theabove date. Thefollowing members were present : Mayor Butler, Councilmembers Adams, Frahm, Hammerel, and Grabek. City Adminis- trator Benson arrived at 8 : 10 p.m. Zoning Administrator Mabusth, Building Official Jacobs , City Engineer Cook, and Recorder Sutton were present. City Attorney Malkerson arrived at 7 : 05 p.m. Public Works Coordinator Gerhardson arrived at 7 : 36 p.m. CONSENT AGENDA* Councilmember Hammerel moved, Councilmember Adams seconded , to approve the Consent Agenda* , subject to removing item #3 from the consent agenda for discussion, 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 ( 5 ) , Nays ( 0 ) . MINUTES* Councilmember Hammerel moved, Councilmember Adams seconded, to approve the minutes of the regular Council meeting of March 26 , 1984 . Motion, Ayes (5 ) , Nays (0 ) . MINUTES Mayor Butler asked that the line " . 05 pounds per year" in the minutes of the special meeting of March 28 , 1984 , be deleted. Mayor Butler moved, Councilmember Frahm seconded, to approve the minutes of the special meeting of March 28 , 1984 . Motion, Ayes (5 ) , Nays (0 ) . LARE MINNETONRA CONSERVATION DISTRICT REPORT Mayor Butler noted for the record that in the meeting schedule for April, 1984 , that the LMCD is still holding their meetings in restaurants . PLANNING COMMISSION COMMENTS Planning Commission Representative McDonald was present but had no comments. PUBLIC COMMENTS There were no comments from the public present. #797 NEW THOUGHT CENTER 525 LEAF STREET CONDITIONAL USE PERMIT R.ESOLUTION #1617 Frank Dailey was present. Zoning Administrator Mabusth stated that indeed there was a conditional use permit approved backin1969 . Mabusthstated that the applicant had to apply for a new permit because the 69 ° perrnit was violated by not applying for it. Mayor Butler moved, Councilmember Frahm seconded, to approve Resolution #1617 , A Resolution Granting A Conditional Use Permit To Municipal Zoning Code Section 34 . 330 to the New Thought Center permitting the continued church use subject to staff revisions . Motion, Ayes (5 ) , Nays ( 0 ) . MINUTES OF THE ORONO COUNCIL MEETING HELD APRIL 9 , 1984_ PAGE 2 #807 HENNEPIN COUNTY 2600 WAYZATA BLVD. CONDITIONAL USE PERMI� RESOLUTION #1618 Zoning Administrator Mabusth stated that Hennepin County had reviewed the resolution and had no problems . Councilmember Hammerel moved, Councilmember Frahm seconded, to approve Resolution #1618 , A Resolution Granting A Conditional Use Permit To Municipal Zoning Section 34 . 824 , to permit construction of a community library. Motion, Ayes ( 5 ) , Nays ( 0 ) . #820 LONIE FISR 493 PARR AVENUE VARIANCE LonieFisk was present. Thefollowing neighbors were present: Donald and Catherine Meyer of 485 Park Avenue; David Fritz of 473 Tonkawa Road ; David and Sherokee Ilse of 4105 Oak Street; David Siegel of 4111 Oak Street; Mr. and Mrs . Paul Larson of 458 Linden Lane; Mike and Rowanne Dombeck of 499 Tonkawa Road; and Phil Bradley of 4075 Oak Street. Mayor Butler noted that this is a unique neighborhood and that this lot is very small. Butler stated that the lots that are being built on now seem to be getting bigger. Butler noted that this lot is less than one- quarter of the required size. Butler stated that she felt that the lot is too small. Butler stated that the Planning Commission used as one of their findings for approval, that there is an existing foundation. Butler stated that the existing foundation is just blocks set on the ground. Butler stated that while the City recognizes the need to renew the building permit that was once issued, that if the City was to do that in this particular case that there could be a problem. City Attorney Malkerson stated that if the material presented by the audience has not been copied for Mr. Fisk and the staf f , then the applicant has the right to ask that the application be tabled. Malkerson stated that the state statute notes that all copies made available to the Councilmembers must be made available to the applicant, the public, and staff . Malkerson stated that unless the applicant wants to waive any rights to review this material and rebutt it, the Council should table this application until the applicant has had time to review. Malkerson also noted that in a recent court case that neighborhood opposition is irrelevant if it is just neighborhood opposition unless it is a health, safety, and welfare reason that would be relevant. Malkerson stated that in the past, when the City put up tax forfeit lots for sale, there was a standard resolution putting people on notice that they may not be buildable lots . Malkerson stated that at the next Council meeting this resolution should be copied for the Council . MINUTES OF THE ORONO COUNCIL MEETING HELD APRIL 9, 1984. PAGE 3 �820 LONIE FISR Phil Bradley of 4075 Oak Street stated that the material presented to the Council is nothing new. Bradley stated that the neighbors are only rebutting the Planning Commission ' s action. Bradley stated that the question as to whether the applicant was advised when he bought the property tax forfeit, that he signed a statement as to that affect. Councilmember Grabek asked the applicant if he knew the zoning in that area when he purchased the tax forfeit lot. Lonie Fisk stated no. Fisk stated that he tried to have a lawyer come out and check into the matter and the lawyer stated that if the City was selling it for tax forfeit that it was all clear and clean. City Attorney Malkerson stated that if in fact the applicant had a lawyer state that in writing to the City Council and that in the event that you did talk to the City staff that you should also get that in writing also. Malkerson stated that if you have any notes on the discussion with the City and also if you would care to make an affidavit and have it notarized that would be beneficial to the record. David Isles of 4105 Oak Street stated that on attachment B it states that the property is sold as is and does not necessarily conform to the local building codes. Mayor Butler stated that in the Hennepin County form it states "All property is sold as is and may not conform to local building and zoning ordinances . The County makes no warranty that the land is buildable. All sales are final and no refunds or exchanges are permitted" . City Attorney Malkerson stated that the City should get a copy of the purchase agreement between the applicant and Hennepin County. Phil Bradley of 4075 Oak Street stated that the property sold for $7 , 000 . Mayor Butler moved, Councilmember Hammerel seconded, to table Lonie Fisk' svariance application untilApril 23 , 1984 , pending receipt of additional information, and for the information presented by the neighborhood to be submitted to the applicant and staff . Motion, Ayes (5 ) , Nays ( 0 ) . MINUTES OF THE ORONO COUNCIL MEETING HELD APRIL 9, 1984_ PAGE 4 #821 SCOTT MCLAIN BROOK STREET/TONRA AVENUE VACATION RESOLUTION #1619 Scott McLain was present . Mr. Bailey, attorney, was also present. Zoning Administrator Mabusth reviewed the vacation request with the Council . Councilmember Frahm moved, Mayor Butler seconded, to approve Resolution #1619 , A Resolution Vacating An Unused Portion of Brook Street Within the Plat of Bayside Addition To Lake Minnetonka. Motion, Ayes {5 ) , Nays ( 0 ) . BID AWARD - LAKEVIEW GOLF HANDICAP ACCESS PRECINCT #3 City Engineer Cook noted that two bids were received and that the lowest bidder was Dave Halverson. Cook noted that Halverson has done work for Boonestroo in the past and that his work has been satisfactory. Cook noted that May 15 , 1984 , completion date has been set. Councilmember Grabek moved, Councilmember Frahm seconded, to award the bid to Dave Halverson in the amount of $9 , 848 . 00 . Motion, Ayes ( 5 ) , Nays ( 0 ) . FWBI SEWER STUDY - SEWER UNIT CHARGE INCREASE John Shardlow, Howard Dahlgren & Associates, represented theFWBI . City Engineer Cook stated that the numbers discussed at the last meeting stay the same for the FWBI plus 2 , 000 per acre 500 per unit. Cook stated that the sewer unit charge for other property owners wotrld be increased. Councilmember Frahm moved, Councilmember Adams seconded, to approve the sewer unit charge increase to $1, 345 . 00 for the areas served by lift stations #6 , 7 , 8 , 13 and 22 . Motion, Ayes (5 ) , Nays ( 0 ) . FWBI SEWER STUDY - RESOLIITION #1620 SEWER CHARGES City Attorney Malkerson stated that the word "or" should be added to the resolution. Mayor Butler moved, Councilmember Adams seconded, to approve Resolution #1620 , A Resolution Concerning Charges For the Use of Sewer Systems in Areas Sewered by Lift Stations #6 , 7 , 8 , 13 and 22 . Motion, Ayes (S ) , Nays (0 ) . LIFT STATION 7 FORCE MAIN BYPASS CONSTRUCTION Mayor Butler moved , Councilmember Frahm seconded, to order preliminary report for Lift Station #7 for forcemain by-pass construction. Motion, Ayes ( 5 ) , Nays (0 ) . MINUTES OF THE ORONO COUNCIL MEETING HELD APRIL 9, 1984. PAGE 5 HENNEPIN COUNTY �15 DOT MEETING Mayor Butler announced the Hennepin County Road #15 meeting to be held on April 12 , 1984 at 7 : 00 p.m. HENNEPIN COUNTY #15 TOUR Mayor Butler announced the Hennepin County Road #15 tour to be held on April 11 , 1984 , at 10 : 00 a.m. MAPLE PLAIN WASTEWATER TREATMENT PLANT SUMMARY REPORT - VAN NEST & SHARDLOW William B. Van Nest and John Shardlow were present. The following members of the public were present: Mr. and Mrs. Henry of 4725 North Shore Drive; Marilyn Crawford of 4745 North Shore Drive; Chip and Sandy Fisher of 1991 Fagerness Point Road; John Purdy of 1975 Fagerness Point Road; Henry Rigelhof of 4515 North Shore Drive; Tom N,ortenson of 1971 Fagerness Point Road; Bill Wear of 2160 Wayzata Blvd; Colleen Notvik of 1405 Rest Point Road; Mr. and Mrs . Langhans of 1366 Rest Point Road• Mr. and Mrs. Larson of 4285 Sixth Avenue North; and John Ehlert of 1785 Concordia Street. Van Nest stated that in January or February an environmental worksheet was prepared by the Waste Control Commission. Van Nest stated that the worksheet made a finding that there was no significant environmental harm to the installation of the interceptor. Van Nest stated that they are primarily talking about environmental concerns as to the affect of actually physically building the pipe. Van Nest stated that Orono raised the issue of forced urbanization and those concerns were dismissed by simply saying Orono has adequate controls to prevent urbanization. Van Nest stated that he and John Shardlow had attended the public hearing on the 27th of March, and the ultimate finding was that the EAW draft was approved finding that there was no environmental harm with the interceptor going in. Van Nest stated that the next hearing will be in May or June. Mayor Butler responded to John Purdy' s written comments concerning his comments which stated that Orono has delayed this interceptor which has cost the project $400, 000 in federal funds. Butler stated that the MWCC is on schedule and that they have not been delayed by Orono. Butler noted that there have not been any federal funds allocated to this project until 1986. Councilmember Grabek stated that he has had a lot of comments from the citizens of Orono. Grabek stated that the major concern of the citizens is that there is greenscum on Lake Minnetonka on Jennings Bay. Grabek stated that the citizens are eager to support the most immediate solution to the problem. Grabek stated that they are concerned with the discharging into the _ _ i- . � . L�.-....L....�...-. 1.�._1 L��_ l �..,L i...�. �. � MINUTES OF THE ORONO COUNCIL MEETING HELD APRIL 9, 1984. PAGE 6 John Purdy of 1975 Fagerness Point Road stated that he disagrees with Van Nest with the point that no one else supports this solution. Purdy noted that the citizens are anxious to see a solution to the problem. Purdy stated that be heard with the PCA, MWCC, and Orono have enough restrictions to prevent urbanization. Purdystated that if the pipe could be built this year the federal government would have funded 75 percent of the project, whereas , if they build the pipe next year the federal government will only fund 55 percent. Purdy stated that this interceptor seems like the most saleable solution. Purdy stated that the citizens of Orono would rather see Orono spending its money to grow in a way that is consistent rather than to use those monies in delaying this solution to the sewer plant problem. Councilmember Grabek asked who Mr. Purdy had talked to that gave the percentages on the federal funding. John Purdy of 1975. Fagerness Point Road stated that Bill Moore of the MWCC gave him the information. John Shardlow stated that he has been hired by the City to look into this topic and give direction as to whether the controls which have been suggested by the Metropolitan Council, Pollution Control Agency, and the Minnesota Waste Control Commission, will adequately address Orono' s concerns of induced development. Shardlow stated that the current Maple Plain Plant contributes 1, 852 pounds/year of phosphorus to Lake Minnetonka. Shardlow stated that if the plant was upgraded, they courld eliminate the point source altogether. Shardlow stated that the Met Council agrees that if development is induced in Orono that it could have a negative affect on Lake Minnetonka. Shardlow stated that there was a study conducted by Dr. Hanson of the FWBI which concluded how much land could be developed if this interceptor was to go in. Shardlow stated that his estimate was 3 , 500 to 4 ,700 acre of land that could be developed in the future. Shardlow pointed out the Metropolitan Urban Service Area (MUSA) line on the map. Shardlow explained that this line came out of the Metropolitan Council ' s Regional Plan which in essence was to restrict the premature extension of sewer so that development would comein a orderly manner. Shardlow stated that the MUSA line was the target for the extent of urbanization for the year 1990 . Shardlow stated that the controls which the PCA and Met Council say are in place which will keep development from Orono are the following: l. Orono' s Zoning Codes and Ordinances 2. Orono' s Comprehensive Plan 3 . Metropolitan Council ' s Regional Plan 4 . MPDES permit restrictions MINUTES OF THE ORONO COUNCIL MEETING HELD APRIL 9 , 1984_ PAGE � MAPLE PLAIN WASTEWATER TREATMENT PLANT REPORT Shardlow stated that Orono ' s Zoning Code and Comprehensive Plan are obviously subject to a future Council ' s changes. Shardlow stated that the Met Council ' s plan shows this entire area as being urbanized. Shardlow stated that the MPDES permit restrictions , which the PCA was going to put on the pipe, said that "there shall be no future hookups to this line, unless it is consistent with the Met Council ' s plan, and that any amendment to the plan would have to include an assessment of the impact of that amendment on Lake Minnetonka" . Shardlow noted that in approximately two years the construction of I-394 will be underway, and given the fact the development pattern of the metropolitan area is moving to the west, given the desirability of Lake Minnetonka, that the forces and pressures to develop and urbanize Orono will in fact result in urbanization which will cause an even greater impact upon Lake Minnetonka. Councilmember Grabek asked if the timing, as far as upgrading the plant and the interceptor being installed, is about the same. Shardlow stated that if you asked the PCA about upgrading the plant that they would say that they have to study it. Shardlow stated that if you could get a coalition of support it could be done just as fast as installing the interceptor. Councilmember Grabek stated that the problem is getting the coalition of support. Grabek stated that if the City doesn' t have the support of its own citizens, then the fight won' t work. Van Nest stated that the costs are about the same. Bill Wear of 36 Hackberry Hill presented a list of concerned citizens to the City Council. Henry Rigelhof of 4515 North Shore Drive stated that the lake stinks and that the interceptor should be put in to solve the problem. Mayor Butler stated that the induced development will have a negative effect on Lake Minnetonka. Karen Richman of 1398 Rest Point Road stated that runoff is the main contributor of phosphorus to Lake Minnetonka. Shardlow stated "yes" that whatever is done in Maple Plain may not help the lake. REGULAR MEETING OF THE ORONO COUNCIL HELD APRIL 9, 1984. PAGE 8 Councilmember Frahm asked how many pounds of phosphorus are going into the bay and how much of that is from the plant. Van Nest stated that at Painter Creek and West Branch Road there is 6 , 560 pounds per year. Van Nest stated that there are no studies that will tell you how much phosphorus is coming from that plant down to Lake Minnetonka because of the filtering process as it makes its way to Lake Minnetonka. John Hellerd of 1785 Concordia Street asked when do the citizens get some action and how much more money must be spent to get some action. Councilmember Grabek asked what the City can do to get this going and how much will it cost. City Attorney Malkerson stated that the City can ask the Met Council, the PCA, and the MWCC to consider the construction of the plant. Malkerson stated that assuming that they do not want to do that, staff would continue to produce arguments . Councilmember Grabek asked what kind of ef f ect would there be if the City had the support of the citizens . Albrecht of 4545 North Shore Drive stated that it seems like the Council is still advocating Maple Plain building a plant when most of the citizens want the interceptor to go in. Van Nest stated that Maple Plain does not own the plant, the Met Waste Control Commission does own the plant. Van Nest stated if this pilot plan was used that you would eliminate the phosphorusdischarge into the lake. Gary Eklof of 1965 Fagerness Point Road stated that Orono is worried about the runoff and polluting Lake Minnetonka. Eklof noted that in 1964 on Harrison' s Bay it was bad and then they were hooked up to sewer. Eklof stated that the bay cleaned up after being hooked up to sewer. Eklof stated that the Council wants to put in a sewer plant, something that has been tested in San Diego once, and what if it doesn ' t work. Eklof stated that most of the Orono citizens want the interceptor to go in and the Council is suppose to represent the citizens of Orono. Charles Timberg (Minneapolis Avenue, Jennings Bay) stated that the problem with putting in the plant in Maple Plain is that it could take years before it would be constructed. Timberg stated that when you compare the costs you have to take into consideration the operating costs of the plant too, which could make it more expensive than the interceptor. Timberg stated that you can't stop growth; you can only hope to REGULAR MEETING OF THE ORONO COUNCIL HELD APRIL 9, 1984. PAGE 9 CouncilmemberGrabek asked if the interceptor goes in will it clean up the lake. Shardlow stated no that it would not clean up the lake, but eliminate only one point source and create others . Bob Churchill of 1517 Minneapolis Avenue stated that one and a half tons of phosphorus/year come from Maple Plain plant. Churchill stated that that represents roughly 40 percent of the total loading into Jennings Bay. (1980 report by the MWCC) Orville Fisher of 1991 Fagerness Point Road stated that there is a solution to solve the problem available right now. Fisher noted that they will study it to death if they try to put in the new plant. Fisher stated he doesn' t think that the present City Council should try to tie the hands of a future City Council so that theland cannot be developed. Fisherstated that the citizens may want that area to be developed in the future. Fisher stated that the City should look at what is best for Orono right now, and not try to judge what might be best for that area 20 years down the line, but to leave that to the flexibility of a future Council. Fisher stated that the City needs to stop the pollutants from going into Lake Minnetonka. Mayor Butler stated that the present Council is listening to the reports of experts and trying to weight both sides of the story and to try to come up with a solution. Fisher stated that the solution must be a saleable one. Councilmember Hammerel stated that the if northern Orono was urbanized the runoff (phosphorus ) would be ten times as bad. Hammerel stated that the present Council has to look into the future to see what the effect of the solution will be. Councilmember Grabekstated that the Councilwillneed the support of the citizens in this matter. Bob Zit stated that Maple Plain has announced that they will not allow any more room for the expansion of the plant. Zit stated that this interceptor can only go forward if everyone agrees with the plan. Zit stated that if Orono disagrees with it, then a legal battle will start and the sewer line will be delayed indefinitely. REGULAR MEETING OF THE ORONO COUNCIL HELD APRIL 9, 1984. PAGE 10 COST ALLOCATION FOR FUTURE WORR ON INTERCEPTOR Councilmember Frahm moved, Councilmember Adams seconded, to approve additional funding of $5 , 000 for future work to be done on the interceptor for Shardlow and City Attorney Malkerson with totalexpenditures to date $15 , 559 . 63 . Motion, Ayes (5 ) , Nays (0 ) . PCA LETTER* Councilmember Hammerel moved, Councilmember Adams seconded, to note the PCA letter to the MWCC dated April 2 , 1984 . Motion, Ayes (5 ) , Nays ( 0 ) . MET COUNCIL LETTER TO MWCC* Councilmember Hammerel moved, Councilmember Adams seconded, to note the Met Council ' s letter dated March 29 , 1984 to the MWCC. Motion, Ayes ( 5 ) , Nays ( 0 ) . � MET COUNCIL LETTER TO MWCC* Councilmember Hammerel moved, Councilmember Adams seconded, to note the Met Council' s letter to the MWCC concerning theMaple Plain Treatment Plant dated March 29 , 1984 . Motion, Ayes (5 ) , Nays {0 ) . LETTER FROM EXCELSIOR MAYOR KNAPP TO PCA* Councilmember Hammerel moved, Councilmember Adams seconded, to approve the letter dated March 23 , 1984 , from Excelsior Mayor Knapp concerning the Maple Plain Sewer Interceptor. Motion, Ayes (5 ) , Nays ( 0 ) . PUNCH CARD VOTING SPECS* Councilmember Hammerel moved, Councilmember Adams seconded, to approve the punch card voting system specifications and to call for a bid opening on April 27 , 1984, at 10 : 00 a.m. Motion, Ayes ( 5 ) , Nays ( 0 ) . TRAFFIC SIGNAL INSTALLATION HWY 12 � CO. RD. 6* Councilmember Hammerel moved, Councilmember Adams seconded, to approve Public Works Coordinator Gerhardson' s memo concerning the traffic signal installation. Motion, Ayes (5 ) , Nays ( 0 ) . CLEAN SWEEP* Councilmember Hammerel moved, Councilmember Adams seconded, to approve operation cleanup for County Road 15 to be held April 14 , 1984 . Motion, Ayes ( 5 ) , Nays (0 ) . 1984 SEAL COATING PROGRAM* Councilmember Hammerel moved, Councilmember Adams seconded, to approve the 1984 seal coating program in the amount of $65, 000 and to direct the City Engineer to prepare specifications for the sealcoating 140, 000 square yards of City streets. Motion, Ayes (5 ) , Nays (0 ) . REGUI.AR MEETING OF THE ORONO COUNCIL HELD APRIL 9, 1984. PAGE 11 LETTERS TO MAYORS - FINAL COST ALLOCATION POLICE SERVICE AGREEMENT* Councilmember Hammerel moved, Councilmember Adams seconded, to approve the three letters dated April 2 , 1984 , to Long Lake, Minnetonka Beach and Spring Park concerning the final cost allocation police service agreement. Motion, Ayes (5 ) , Nays ( 0 ) . LETTER TO COUNCIL - REAL ESTATE SIGNS* Councilmember Hammerel moved, Councilmember Adams seconded, to approve City Administrator Benson' s letter dated April 3 , 1984 , concerning real estate signs. Motion, Ayes ( 5 ) , Nays ( 0 ) . LETTER TO ROSSILLON FWBI* Councilmember Hammerel moved, Cauncilmember Adams seconded, to approve City Administrator Benson' s letter dated April 4 , 1984 , concerning the FWBI ' s sewer study. Motion, Ayes (5 ) , Nays ( 0 ) . LETTER TO UNIVERSITY OF MN - CITY SERVICES FOR FWBI* Councilmember Hammerel moved, Councilmember Adams seconded, to approve City Administrator Benson' s letter dated April 4 , 1984 , concerning the sharing of costs for police and fire protection for the FWBI . Motion, Ayes (5 ) , Nays ( 0 ) . LETTER TO DAVE WINTER DEPT OF ENVIRONMENT & ENERGY* Councilmember Hammerel moved, Councilmember Adams seconded, to appoint Thomas J. Jacobs to the Waste Disposal Advisory Committee. Motion, Ayes (5 ) , Nays (0 ) . CRIME PREVENTION MEETING*Councilmember Hammerel moved, Councilmember Adams seconded, to note the Crime Prevention Meeting to be held on April 26 , 1984 at 7 : 30 p.m. Motion, Ayes (5 ) , Nays (0 ) . LICENSES* Councilmember Hammerel moved, Councilmember Adams seconded, to approve the following licenses : Elmer Peterson Company - Septic System Installer Jerry Johnson Excavating - Septic System Installer Motion, Ayes (5 ) , Nays (0 ) . BILLS* Councilmember Hammerel moved, Councilmember Adams seconded, that the All Funds Accounts and the Liquor Store Accounts be paid. Motion, Ayes ( 5 ) , Nays ( 0 ) . ADJOURNMENT 9 :51 P.M. Councilmember Hammerel moved, Councilmember Adams seconded, to adjourn the meeting at9 : 51 p.m. Motion, ATTEST: Ayes (5 ) , Nays ( 0 ) . � � ��f� �J�. �� Mary C. utle Alhc�rta M_ Strnm �itv C'larl� , PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE �� PLEASE FILL OUT THE INFORI�IATION REQUESTED BELOW FOR OUR CITY RECORDS. 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