HomeMy WebLinkAbout05-30-1984 Council Minutes Special Meeting MINUTES OF A SPECIAL COUNCIL MEETING HELD MAY 3H, 1984. PAGE 1
ATTENDANCE 7:00 P.M. The Orono Council met on the above date with the
following members present : Mayor Butler , Council-
members Frahm, Hammerel , Adams and Grabek. City
Administrator Benson and Deputy Clerk Hallin
respresented City staff . Brad Van Nest was also
present.
CONSENT AGENDA* Mayor Butler moved , Councilmember Hammerel 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
(�1) -
APPROVAL OF MINUTES* Mayor Butler moved , Councilmember Hammerel seconded ,
to approve the minutes of May 14 , 1984 . Motion, Ayes
(5) , Nays (0) .
�815 LARE MINNETONRA HOMES
PRELIMINARY SUBDIVISION
RESOLUTION �i.541* Mayor Butler moved , Councilmember Hammerel seconded ,
to approve Resolution �1641 , A Resolution Approving
the Preliminary Subdivision of Lake Minnetonka Homes .
Motion, Ayes (5) , Nays (0) .
CONVEYANCE OF TAX FORFEIT
LAND FOR PUBLIC USE BY
THE CITY OF ORONO
RESOLUTION #1642* Mayor Butler moved , Councilmember Hammerel seconded ,
to approve Resolution #1542, A Resolution Requesting
Conveyance Of Tax Forfeit Land For Public Use By The
City Of Orono. Motion, Ayes (5) , Nays (0) .
TAX FORFEIT LANDS RELEASED
FOR PRIVATE SALE TO ADJACENT
OWNERS
RESOLUTION �1643* Mayor Butler moved , Councilmember Hammerel seconded ,
to approve Resolution �1643, Tax Forfeit Lands
Reieased For Private Sale To Adjacent Owners.
Motion, Ayes (5) , Nays (0) .
MAPLE PLAIN WASTEWATER
TREATMENT PLANT* Mayor Butler moved , Councilmember Hammerel seconded ,
to approve the items concerning the Maple Plain
Wastewater Treatment Plant. Motion, Ayes (5) , Nays
(�) -
STIPULATION LAND REGISTRATION
HARRISON JOHNSTON, JR* Mayor Butler moved , Councilmember Hammerel seconded ,
to approve the land registration stipulation for
Harrison R. Johnston, Jr . Motion, Ayes (5) , Nays (01) .
MINUTES OF A SPECIAL COUNCIL MEETING HELD MAY 3H, 1984. PAGE 2
PART TIME EMPLOYMENT
ORONO LIQUOR STORE* Mayor Butler moved , Councilmember Hammerel seconded ,
to approve Liquor Store Manager McGowan' s memo
concerning part time employment . Motion, Ayes (5) ,
Nays (0) .
CASH AND INVESTMENTS AS
OF MARCH 31 , 1984* Mayor Butler moved , Councilmember Hammerel seconded , to
approve Finance DirectorKuehn' smemo concerning cash
and investmer,ts as of March 3i , 1984 . Motion , Ayes
(5) , Nays (0) .
TRANSFER OF F[JNDS* Mayor Butler moved , Councilmember Hammerel seconded ,
to approve Finance Director Kuehn' s memo concerr�ing
transfer of funds - Revenue Sharir,g Fund to Generai
Fund - 1983 expenditures. Motion, Ayes (5) , Nays (Q1) .
BREATH TEST EQUIPMENT
ACQUISITION
RESOLUTION �1644* Mayor Butler moved , Councilmember Hammerel seconded ,
to approve Resolution �1644 , Agreement With The State
Of Minnesota , Department Of Public Safety To Receive
An Intoxilyzer 5000 Breath Test Instrument And Breath
Alcohol Simulator On A Loan Basis. Motion, Ayes (5) ,
Nays (0) .
LAW ENFORCEMENT INTERN* Mayor Butler moved , Councilmember Hammerel seconded ,
to approve Police Chief Kilbo' s memo concerning a iaw
enforcement intern, Scott Matson. Motion, Ayes (5) ,
Nays {0) .
TERRY SCHLEE* Mayor Butler moved , Councilmember Hammerei seconded ,
to approve City Administrator Benson' s letter dated
May 9, 1984 to Terry Schlee concerning water and sewer
billings. Motion, Ayes (5) , Nays (0) .
WILLIAM NICHOLLS* Mayor Butler moved , Councilmember Hammerel seconded ,
to approve City Administrator Benson' s letter dated
May 22, 1984 to William Nicholls concerning ditch
across from his home. Motion, Ayes (5) , Nays (g) .
LICENSES* Mayor Butler moved , Councilmember Hammerel seconded ,
to approve the foliowing license :
Hayes Excavation - Septic Installer License
BILLS* Mayor Butler moved, Councilmember Hammer seconded ,
that the All Funds Accounts and Liquor Store Accounts �
be paid . Motion, Ayes (5) , Nays (0) .
MAPLE PLAIN INTERCEPTOR ,
DISCUSSION City Administrator Benson stated that he had asked
Brad Van Nest , the Council Representative on the
interceptor , to inform the Council in regard to the
status of the Maple Plain interceptor .
MINUTES OF A SPECIAL COUNCIL MEETING HELD MAY 3H, 1984. PAGE 3
Mr . Van Nest stated that last Tuesday morning he was at
the PCA Board meeting and they have ordered a public
hearing on the interceptor . This will be held before
a hearing examiner from the Attorney General ' s office
sometime within the next few months . This hearing
requires a 30 day notice, therefore the earliest would
be early July. A decision as a result of the hearing
will probably not be made until September or October .
The pubiic hearing is what we have been after , where
someone will �ay out all the facts in front of an
impartial examiner . The Lake Minnetonka Watershed
� � District is interested in our position they have sent a
letter to the P.C.A. stating that they are supportive
of our contested case hearinq being held on this
subject. I also have been before the Executive
Committee of the Lake Minnetonka Conservation
District and they voted to send a letter , by the
Chairman Bob Brown, to the Metropolitan Council also
supporting a public hearing on this matter . We also
appeared before the Systems Committee of the
Metropolitan Council , which is like the old Physical
Development Committee. We have been before them
three times, the first time they supported the idea of
a public hearing and they passed a resolution
requesting the Metropolitan Council to join the City
of Orono in requesting a contested case hearir�g . That
resolution wasadopted bythe Metropolitan Council and
was the reason that we got our hearing . At the last
committee meeting which washeldTuesdayafternoonthe
same day that in the morning the PCA called a publ ic
hearing an incredible thing happened , the Systems
Committee decided to withdraw their request for a
public hearing and to support the installation of an
interceptor . They did that withoutany discussion as
to the issues or the concerns and position. It was a
typical case of this Metropolitan Council out of tune
of what they are suppose to be involved with. Their
whoie concern was that they were a co-petitioner for
this interceptor with the Waste Cor�trol Commission and
their whole concern was how could they have a different
position than the Waste Control Commission. We tried
to explain to them that the Waste Control Commission
was forced into this position by the terms of the draft
permit issued by the PCA, which said that you have to
phase the plant out. At the preser�t time we are in the
. process of prepar ing a contested case hear ing before a .
state hearing exaiminer .
Adams asked Van Nest who would be presenting the
arguments for the upgrading? Van Nest stated that it
would be Orono' s responsibility to present the
information.
MINUTES OF A SPECIAL COUNCIL MEETING HELD MAY 3H, 1984. PAGE 4
Grabek asked that since the over all effect of
urbanization of the northern part of Orono is of such
great concern to the welfare for the lake that we , the
City of Orono, are the only organization funding and
fighting this project without the support of the LMCD
ortheWatershed . We' refunding theentireeffort and
if we` re so right why don' t we have support from other
organizations. Van Nest stated he did not have the
answer , he had been to ail of them, I 've made that same
statement , we stand alone on this issue. All of them
say we agree with you, we think you' r right but there is
.. " no fundability.
Benson stated the PCA is not bound by this decision.
The PCA has been ignoring everthing so far , it is quite
possible that when we go to the contested case hear ing
they will ignor the ruling of the referee which puts us
in a position to sue the PCA.
Grabek asked what are the alternatives that they
mention - some controls can be put on the permit to the
interceptor? Van Nest stated there are four
controls: 1) The City of Orono has a Comprehensive
Plan 2) There is a state water quality iaw that
requires communities, when they are going to urbanize ,
to answer to the concerns of water quality of its
watershed 3) They will prohibit connections to this
pipe 4) Metropolitan Regional Planning is covering
this area .
Grabek stated that he has not seen the support from
citizens and other agencies therefore he felt that
additional funding should not be given.
RECESS 7:35 P.M. Councilmember Adams moved, Mayor Butler seconded , to
recess the Council meeting and to reconvene after the
Board of Review Meeting. Motion, Ayes (5) , Nays (0) .
COUNCIL MEETING
RECONVENED 1A:45 P.M. Adams stated that this is not the time for Orono to go
alone. We really believe in what we have done and we
have to go back ta these organizations and tell them it
i s go ing to take thi s much to go on to the next step and
we want your financiai support.
Butler read a note from Administrator Benson which
read "The conditions tied to the permit allows Orono to
regulate connections to the pipe. I recommend the `
City Council take action to cease funding further �
oposition to the construction of interceptor as of
12: 01 A.M. 5/3i/84 . ° Butler stated that in addition
to the $17,000 already spent another $2,00� bill was
received todaymaking to total roughly $19 ,0H01 todate . �
MINUTES OF A SPECZAL COUNCIL MEETING HELD MAY 3B, 1984. PAGE 5
Benson has estimated another $8,PJ00 to get through the
cor�tested case hearing . If we go to district court
Malkerson has indicated that it would be $50 ,000 -
$�0 ,0H0 - $7� , 000 - $80 ,000 in addition. So we are
talking of an expenditure of the tax payers money of
something close to $100 , 00Q with no guarantee that we
will prevail . Do we want to continue or do we quit?
Grabek stated that an attorney wouid cost more than the
estimated $10 , 000 and no matter what we do with the PCA
it doesn' t look like we can turn them around . I
�� �� haven' t changed my opinion unless we get the support
from other agencies and other cities I can' t see
spending any more .
'riammerel asked Van Nest what if the referee agreed that
we were on the right track , where would we go from
there. Van Nest stated he would make a recommendation
to the PCA Board and then they act. They do not have to
take that recommendation. They can qo against the
referee .
Van Nest stated that the contested case hearing wiil
take as long as it takes to review all the material
presented . The PCA staff said that normally
contested hearings take any where from six to nine
months to go through depending on how much testimony
goes into it . Hopefully the answer to this case will
be in September or October .
Frahm suggested putting a cap of $25, fdOQ on this enti re
project �nd if we can' t do it for that , that' s it .
Unless someone else is going to put some money into it .
Grabek stated that $$,0�10 would be money down the
drain. You either have a commitment to this
phiiosophy and this concept that it is going to harm
the lake as a total City Council and you say we are
either going to win or we will go down the tubes, but to
say that we are going to spend tax payers money,
another $10 , 000 to take us to the next step to see if
they are going to say yes or no and then give up. I
think that is spending money the wrong way.
Hammerel stated we have gone this far we have spent .
$19,000 you want to spend $8 , �00 more, spending
another $8,000 I don' t think this is a great amount for �
the taxpayers. I think that the whole population of
Orono would be in agreement in our pursuit of this.
Frahm stated that he felt Orono had no chance to win
without the help of other organizations and other
cities.
.
MINUTES OF A SPECIAL COUNCIL MEETING HELD MAY 30, 1984. PAGE 6
Butler stated that the result of the hearing could be a
compromise , if the pipe was downsized the physical
capacity would not be there for Orono hookups .
There' s got to be another way to attack the situation.
Councilmember Grabek moved , Mayor Butler seconded , to
cease all expenditures on the Maple Plain Sewer
Interceptor project , mear,ing specifically any
expenditures with our engineerir�g department , or
lawyers and John Shardlow and hopefully the
presentation before the PCA can be presented by City
�. �� Administrator Benson and Mr . Van Nest , if not we should
� makeapublic statementthatdueto high expenditures
and consu�ting and legai fees that we can no longer
f ight what we bel ieve to be the proper approach to stop
urbanization and the potential of endangering Lake
Minnetonka in the future .
Councilmembers Hammerel , Adams and Frahm stated they
felt that the presentation before the examiner should
be done by professionais.
Motion, Ayes (1) , Nays (4) . Motion failed .
Councilmember Grabek voted aye .
Councilmember Adams moved , Councilmember Hammerel
seconded , to authorize City Administrator Benson to
negotiate consulting contracts to allowcompletion of
hearing presentation for an amount not to exceed
$5 , �00 total above what we have already spent . If not
feasibie or can' t be accompolished no more money
shouid be spent and directs staff to make the
presentation without the consultants. Motion, Ayes
{4) , Nays (1) . Councilmember Grabek voted nay.
Councilmember Grabek stated he voted nay because your
limits are set with no justificatior�, no so und
business reasoning at all , what is $5,P100, no one here
knows , and I think you are missing the point as far as
reaching your objective. Your objective is to
present it to the hearing eximiner , if that is what you �
believe in you should authorize whatever it costs to
take it to the hearing and not limit it and limit the
professional presentationtothePCA. Ithinkyou are
defeating your purpose.
ADJOURNMENT 12:15 A.M. Councilmember Grabek moved, Mayor Butler seconded to
adjourn at 12: 15 A.M. Motion, Ayes (5) , Nays (0) .
ATTEST: �
�_���.-����i. ��-?�� C,- .
Alberta M. Strom, City Clerk Mary C. B� ler , Mayor r~