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Home My WebLink About05-14-1984 Council Minutes ,MINUTES OF THE REGULAR COUNCIL MEETING HELD MAY 14, 1984. PAGE 1 ATTENDANCE 7 :00 The Orono Council met on the above date with the following members present: Mayor Butler, Council- members Frahm, Hammerel, and Grabek. Councilmember Adamsarrived at 7 : 14 p.m. City Administrator Benson was absent. Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, Public Works Coordinator Gerhardson, City Engineer Cook, City Attorney Malkerson, and Ci � " �Kd X�� .,S�i �n represented the City staff . ��`�� ` =� ��``._�.. �� PIIBLIC HEARING �.ir�� Q ��i��; 7 :05-7 :20 P.M. FWBI SEWER STUDY- NAVARRE FORCE MAIN h,9_o.,�,, .�� ..� , �, � SEWER PROJECT Mayor Butler announced that now ��s�t�ie��im�'�i��p��e for the public hearing concerning the FWBI sewer study. City Engineer Cook noted the affidavit of publication. Mr. Joe Rossillon from the FWBI was present. City Engineer Cook reviewed with the Council the reason for the relocation of the forcemain is that Lift Station 6 is being overloaded during peak periods. Cookstated the estimated project construction cost is $104 ,200 . Cook stated that the project is going to be assessed in two manners. Cook stated that a trunk charge would be $2 , 000 per acre for the FWBI that is being developed. Cook stated that in addition to the trunk charge the remainder of the cost will be assessed on a unit charge of $970 per unit. Cook stated that this is based on 50 percent of the total remainder of developable units . Cook stated that 116 units are remaining to be developed. City Attorney Malkerson stated that the feasibility repo�t contains language about the City obtaining � � temporary construction easements. Malkerson stated that the staff should have direction from the Council so that staff can begin obtaining the easements from the neighbors. Councilmember Frahm stated that he still wants to see the development history for this area of undeveloped lots. Mayor Butler closed the public hearing at 7 :20 p.m. Councilmember Adams moved, Councilmember Frahm seconded, to direct staff to prepare plans and specifications for the June 11, 1984 Council Meeting and for staff to begin preparing for a bid opening and then an assessment hearing. Motion, Ayes (5 ) , Nays (0 ) . MINUTES OF THE REGULAR COt7NCIL MEETING HELD MAY 14, 1984. PAGE 2 Mayor Butler moved, Councilmember Frahm seconded, to direct staff to begin negotiations with the property owners for temporary construction easements at a no fee basis and to get an appraiser ' s opinion on the price per square foot for the City to buy temporary easements if needed. Motion, Ayes (5 ) , Nays ( 0 ) . CONSENT AGENDA* Councilmember Frahm moved, Councilmember Adams seconded, to approve the Consent Agenda* , with all staff reports concerning these 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 ) . APPROVAL OF MINIJTES* Councilmember Frahm moved, Councilmember Adams seconded, to approve the minutes of April 23 , 1984 . Motion, Ayes ( 5 ) , Nays ( 0 ) . PLANNING COMMISSION COMMENTS Planning Commission Representative Goetten had no comments. PDBLIC COMMENTS There were no comments from the public present. #692 DOUGLAS AABEL 1580 LONG LARE BLVD FINAL SUBDIVISION RESOLUTION #1635 Zoning Administrator Mabusth stated that this was a renewal preliminary approvalof the Aabel subdivision which was approved in 1982 . Councilmember Frahm moved, Councilmember Grabek seconded, to approve Resolution #1635 , A Resolution Approving a Metes and Bounds Subdivision of a Lot Line Rearrangement of Lots 11 and Lot 12, Albee ' s Long Lake Additionfor Merriam S. Anderson and Ardis Severtson. Motion, Ayes (5 ) , Nays (0 ) . #794 MICHAEL PLUHM, FRANRLYN DAILEY � WILLIAM MERNIR VACATION OF PENCE LANE RESOLUTION #1636 Michael Pluhm, William Crist and Mr. Reese were present. Zoning Administrator Mabusth reviewed with the Council the proposal. Councilmember Hammerel moved, Councilmember Adams seconded, to approve Resolution #1636 , A Resolution Approving the Vacation of Pence Lane. Motion, Ayes (5) , Nays (0 ) . MI�NDTES OF THE REGULAR COUNCIL MEETING HELD MAY 14, 1984. PAGE 3 #816 LARE MINNETONRA HOMES 155 WILLOW DRIVE SOUTH PRELIMINARY SUBDIVISION Richard Conry was present. Zoning Administrator Mabusth noted that this proposal meets all the septic and RR-1B zoning district standards. Mabusth stated that the three plans that Council received were access concept plans showing that these lots could be served by interior roads. Councilmember Adams noted that any other roads in this subdivision will be private. Adams stated that the only road to be public is Countryside Drive. Councilmember Adams moved, Councilmember Hammerel seconded, to direct staff to draft a resolution approving phase II of Countryside Manor for action at their May 30 , 1984 , meeting. Motion, Ayes ( 5 ) , Nays ( 0 ) . #823 NORTH SHORE DRIVE MARINA 3222 NORTH SHORE DRIVE REZONING ORDINANCE SETBACR VARIANCE RESOLUTION Larry Hork was not present. City Attorney Malkerson suggested tabling this until the applicant or an agent can be present. Councilmember Adams moved, Councilmember Hammerel seconded, to table the North Shore Drive Marina variance application until the owner/agent can be present. Motion, Ayes (5 ) , Nays ( 0 ) . #824 EOGENE ROSENTHAL 640 TONRAWA ROAD PRELIMINARY SUBDIVISION Zoning Administrator Mabusth stated that the applicants will not be present and that they want the Council to act on their application. Mayor Butler moved, Councilmember Frahm seconded, to approve the preliminary subdivision and directed staff to draft a resolution. Motion, Ayes ( 5 ) , Nays ( 0 ) . #826 NELLIST/SCHAPER 3800 WAYZATA BOULEVARD CONDITIONAL USE PERMIT Glenn Nellist and William Schaper were present. Councilmember Grabek noted that Mr. Nellist' s wife is his secretary but that he does not feel that he has a conflict of interest. Glenn Nellist asked that the Council approve the elmination of the residential unit because no one has lived there for years. Nellist stated that it would be almost impossible to find someone who would want to live there. MINUTES OF THE REGULAR COUNCIL MEETING HELD MAY 14, 1984. PAGE 4 #826 NELLIST/SCHAPER Mayor Butler stated that those provisions were placed on the building because in the past additions were made to the building without permits and authorization from the City. City Attorney Malkerson stated that if the Council can show that by eliminating the residential unit you are not expanding the non-conforming use, then there should be no problem. Glenn Nellist stated that they do not wish to expand the commercial area but just to eliminate the residential unit. Councilmember Frahm moved, Councilmember Adams seconded, to direct staff to draft a resolution approving the conditional use permit and eliminating the residential unit but not to expand the commercial use. Motion, Ayes ( 5 ) , Nays (0 ) . RESOLUTION #1637 VICTORIA ESTATES 1984 JOINT USE DOCR LICENSE Mayor Butler stated that the resolution should st� ��- that each boat must be licensed to the owner of the property. Councilmember Frahm moved, Councilmember Grabek seconded, to approve Resolution #1637 , A Resolution Gran�ing A 1984 Joint Use Dock License for Victoria Estates. Motion, Ayes (5 ) , Nays ( 0 ) . RESOLUTION #1638 WALTER'S PORT 1984 JOINT USE DOCK LICENSE Michael Pluhm, Dick and Margaret Crist, and William Reese were present. Michael Pluhm presented a resolution signed by the Walters Port Homeowners Association approving of the dock layout plan. Zoning Administrator Mabusth stated that the applicant will be limited to three boats instead of the f our. Mr. Reese stated that his property abutts Pluhm' s and that he feels that there will be excessive traffic. Reese stated that when he bought the property only one person was entitled to use that outlot. Reese stated that the covenants run until 1991. Reese asked if this was legal to buy lots on lakeshore and sell for riparian rights to others. MINUTES OF THE REGULAR COUNCIL MEETING HELD MAY 14, 1984. PAGE 5 RESOLUTION #1638 WALTER'S PORT Councilmember Frahm stated that it was the Marina Committee' s understanding that all of these lots that now have an access on lagoon had an access before but were in different places. Councilmember Grabek moved , Councilmember Frahm seconded, to approve Resolution #1638 , A Resolution approving a 1984 Joint Use Dock License for Walter ' s Port. Motion, Ayes (5 ) , Nays (0 ) . RESOLUTION #1639 SAILORS WORLD 1984 COMMERCIAL DOCR LICENSE Mayor Butler moved, Councilmember Frahm seconded, to approve Resolution #1639 , A Resolution approving a 1984 Commercial Dock License for Sailors World. Motion, Ayes (5 ) , Nays ( 0 ) . REPORT ON RIPARIAN TRACTS WITHIN NARROWS LAGOON Zoning Administrator Mabusth stated that this started when Mr. Lindbloom requested a building permit for a dock when he does not live on the property. Mabusth stated that tracts of lakeshore property are being sold to people who do not live on the lake for riparian rights. Mabusth stated that staff wanted to get the neighbors together and have a joint use dock license but that it doesn' t seem that the neighbors will cooperate. City Attorney Malkerson stated that the neighbors should be notified. MayorButlermoved, Councilmember Grabek seconded, to table this matter until this issue can go the Marina Committee and Planning Commission and also for staff to notif y the neighbors. Motion, Ayes (5 ) , Nays ( 0 ) . PAYMENT #1 - HANDICAPPED ACCESS - PRECINCT #3 LAREVIEW GOLF COURSE Councilmember Adams moved, Councilmember Grabek seconded, to approve Payment #1 in the amount of $5,145. 58 to Halverson Construction Company for the handicapped access at the Lakeview Golf Course, Precinct #3 . Motion, Ayes (5 ) , Nays ( 0 ) . FIiZAL PAYMENT - HIGHWOOD SEWER PROJECT Mayor Butler moved, Councilmember Frahm seconded, to approve the Final Payment to Midwest Surety Services and Ideal Enterprizes in the amount of $174 . Motion, Ayes (5 ) , Nays ( 0 ) . RESPONSE TO GORDON PETERSON LETTER Councilmember Grabek stated for the record that the response written by Mayor Butler was not the opinion of the City Council but only the opinion of the Mayor. MINUfiES OF THE REGULAR COUNCIL MEETING HELD MAY 14, 1984. PAGE 6 SANDIE LARSEN LETTER Mayor Butler moved, Councilmember Grabek seconded, to recognizeSandie Larsen' sletter dated Aprill2 , 1984 . Motion, Ayes (5 ) , Nays (0 ) . CABLE TV REPORT Mayor Butler stated that a f ranchise was approved by the State Cable Board on May 11, 1984 . Butler stated that they are out in the field wiring. T�SPORTATION REPORT Councilmember Adams stated that he will be attending a chamber luncheon concerning County Road 15 and asked for any comments from the Council. BID AWARD PUNCH CARD VOTING SYSTEM Geoffrey Ryan and Otto Johannes of Miller-Davis was present. Herb Reissner of ElMarketing were present. Public Works Coordinator Gerhardson noted that at the time of the bid, Miller-Davis ' equipment was not certified by the State of Minnesota . City Attorney Malkerson stated that the absence of the certification of Miller-Davis at the time of the bid opening is a substantial omission. Malkerson stated that the City probably could not award the bid to Miller-Davis legally. Malkerson stated that the City can take the next bid which would be from E1 Marketing or discard all bids and hold another bid. Geoffrey Ryan stated that the State of Minnesota certif ied the same equipment three years ago but that they just wanted to check the minor changes in the equipment. Ryan stated that the State of Minnesota did not get the certification to Miller-Davis until today. City Attorney Malkerson stated that the certificate was not with the bid and that the law states if there is a substantial deviation from the bid specs you cannot award it to them even if you want to. Malkerson stated that you have to go with what was submitted at the time of the bid, and the certification was not submitted. Councilmember Grabek stated that it would be in the best interest of the City to reject all bids and to readvertise to rebid a punch card voting system as the $1, 296 . 00 difference between the low bid and second low bid would not exceed the cost of rebidding. Councilmember Grabek moved, Councilmember Adams seconded, to reject all bids and to direct staff to rebid the punch card votingsystem. Motion, Ayes (4 ) , Nays (1 ) . Councilmember Frahm felt the bid should go to the second bidder. ' �IINUTES OF THE REGUI,AR COUNCIL MEETING HELD MAY 14, 1984. PAGE 7 MAPLE PLAIN-ORONO- LONG LARE INTERCEPTOR* Councilmember Frahm moved, Councilmember Adams seconded, to approve the items concerning the Maple Plain-Orono-Long Lake Interceptor. Motion, Ayes (5 ) , Nays (0 ) . EQUIPMENT PURCHASE CITY PARRS* Councilmember Frahm moved, Councilmember Adams seconded, to approve the equipment purchase of 6 picnic tables and a backstop totalling $3 , 082 to come from the Park Dedication Fund. Motion, Ayes (5 ) , Nays (0 ) . BOARD OF REVIEW COUNCIL MEETING* Councilmember Frahm moved, Councilmember Adams seconded, to approve the Board of Review meeting set for May 30, 1984 , at 7 : 30 p.m. and to cancel the Council meeting of May 29 , 1984 and combine the Board of Review meeting with Consent Agenda Items of the Council meeting of May 29 , 1984 . Motion, Ayes (5 ) , Nays ( 0 ) . SOLID WASTE TRANSFER STATION* Councilmember Frahm moved, Councilmember Adams seconded, to approve City Administrator Benson' s memo dated May 3, 1984 concerning the Solid Waste Transfer Station. Motion, Ayes (5 ) , Nays (0 ) . SALARY ADJUSTMENT - PAM SDTTON* Councilmember Frahm moved, Councilmember Adams seconded, to approve a salary adjustment for Pam Sutton from $6 . 30 to $7 . 00 effective May 21, 1984 . Motion, Ayes (5 ) , Nays (0 ) . SPRING CLEANUP* Councilmember Frahm moved, Councilmember Adams seconded, to approve the Spring Clean-up Days for May 19 and May 26 . Motion, Ayes (5 ) , Nays ( 0 ) . RESOLIITION #1640 APPOINT ADDITIONAL CITY DEPOSITORY* Councilmember Frahm moved, Councilmember Adams seconded, to approve Resolution #1640 , A Resolution appointing Dain Bosworth, Inc. to the list of official City Depositories. Motion, Ayes (5 ) , Nays (0 ) . MARCH 1984 - SUMMARY OF RECEIPTS* Councilmember Frahm moved, Councilmember Adams seconded, to approve the March 1984 summary of receipts, disbursements and balances prepared by Finance Director Kuehn. Motion, Ayes ( 5 ) , Nays (0 ) . YEAR-TO-DATE REPORT* Councilmember Frahm moved, Councilmember Adams seconded, to approve the Year-To-Date Budget Appropriation Compared with Actual Expendituresas of March 31, 1984 prepared by Finance Director Kuehn. Motion, Ayes (5 ) , Nays (0 ) . . MINU�ES OF THE REGULAR COUNCIL MEETING HELD MAY 14, 1984. PAGE 8 YEAR-TO-DATE EST REVENUES* Councilmember Frahm moved, Councilmember Adams seconded, to approve the Year-To-Date Estimated Revenues Compared to Actual Revenues as of March 31 , 1984 report prepared by Finance Director Kuehn. Motion, Ayes (5 ) , Nays (0 ) . CONTRACT - WHITE BEAR LARE ANIMAL CONTROL* Councilmember Frahm moved, Councilmember Adams seconded, to approve the contract with White Bear Lake Animal Control effective May 19 , 1984 . Motion, Ayes (5 ) , Nays (0 ) . GAYLES MARINA SEWER IINIT CHARGES FOR MARINAS* Councilmember Frahm moved, Councilmember Adams seconded, to approve City Administrator Benson' s letter dated April 19 , 1984 to Gayles Marina concerning the sewer unit charges. Motion, Ayes ( 5 ) , Nays (0 ) . GLEN iJPTON - PRIVATE STREET IMPROVEMENT* Councilmember Frahm moved, Councilmember Adams seconded, to approve City Administrator Benson' s letter dated Apri 1 26 , 19 8 4 to Glen Upton concerning the private street improvement. Motion, Ayes ( 5 ) , Nays (0 ) . SHARON STEPHENSON NAVARRE RETAIL ASSOC* Councilmember Frahm moved, Councilmember Adams seconded, to approve City Administrator Benson' s letter dated April 26 , 1984 to Sharon Stephenson, Navarre Retail Association, concerning the designing of a sign. Motion, Ayes (5 ) , Nays (0 ) . MYRNA GOLDBERG* Councilmember Frahm moved, Councilmember Adams seconded, to approve City Administrator Benson' s letter dated May 3, 1984 to Myrna Goldberg concerning the summer concerts at the Spring Hi 11 Conf erence center. Motion, Ayes (5 ) , Nays (0 ) . MN PCA* Councilmember Frahm moved, Councilmember Adams seconded, to approve City Administrator Benson' s letter dated May 1, 1984 concerning project funding. Motion, Ayes (5 ) , Nays ( 0 ) . WATER SERVICE AGREEMENT* Councilmember Frahm moved, Councilmember Adams seconded, to approve the Water Service Agreement ' between Long Lake and Orono. Motion, Ayes (5 ) , Nays (0 ) . ' REGULAR MEETING OF THE ORONO COUNCIL HELD MAY 14, 1984. PAGE 9 NORTH SHORE DRIVE MARINA - REZONING AGREEMENT City Attorney Malkerson stated that he had received the rezoning agreement from Bruce Douglas, Larry Hork' s attorney, and that he has some changes to make in the agreement. Malkerson suggested tabling this until Mr. Hork or his attorney can be present. Mayor Butler moved, Councilmember Frahm moved, to table the rezoning agreement until the June 11 , 1984 Council meeting until the applicant/agent can be present. Motion, Ayes (5 ) , Nays (0 ) . LICENSES* Councilmember Frahm moved, Councilmember Adams seconded, to approve the following licenses: Halstad Contracting - Septic Installer License Sullivans Services - Septic Installer License Volkenant & Sons - Septic Installer License Widmer Bros - Septic In�taller License Jimmies Lounge - Liquor license Motion, Ayes (5 ) , Nays (0 ) . BZLLS* Councilmember Frahm moved, Councilmember Adams seconded, that the All Funds Accounts and Liquor Store Accounts be paid. Motion, Ayes (5 ) , Nays (0 ) . ADJOURNMENT 10:10 P.M. Councilmember Grabek moved, Mayor Butler seconded, to adjourn the regular meeting at 10 :10 and go into executive session to discuss matters of litigation. Motion, Ayes (5 ) , Nays ( 0 ) . ATT ST: �� C., �..�. erta Stro , City Clerk Mary C. Bu ler, Mayor Dorothy . Hallin, Deputy Clerk ��:� C' .�.�c.� �� PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE �� PLEASE FILL OUT THE INFORI�IATION REQUESTED BELOW FOR OUR CITY RECORDS. APPLICATION NUMBER/NAME NAME (please print) ADDRESS PRESENT FOR 1 . - !� Pl 5 5 �'��- �- ��'�� 5 . �--. � 2 . � v � �6 S�S�� v"2� i� � ;�� u� r 7-� �. t.x�� ' �< /-k-i.-�� i.r'_ 3 . � � 1 S �l.,v 1-�h �(;►.x-�� .I� r � 4 `� -, ^ ' S � „ S �� n "� �� ,� > 13 S �XCP 5/d� ��uC'� , � / /� < 6 . C ��Ai`� �O i'(� 1 0l N SS 3 ��,� �,, � - �� . 7 - �� '�iGG P� ' Grs v�-,v%1 �� . 8 ,Li..� . � ` �� %�� io . il . 12 . 13 . 14 . 15. 16 . 17 . 18 . 19 . 20 .