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Home My WebLink About11-26-1984 Council Minutes MINUTES OF THE REGUI�R ORONO COUNCIL MEETING HELD NOVEMBER 26 , 1984 PAGE 1 ATTENDANCE 7 :00 PM The Orono Council met on the above date with the following memberspresent : Mayor Butler, Councilmembers Frahm, Adams, and Hammerel. Councilmember Grabek was absent. City Attorney Radio, Public Works CoordinatorGerhardson, Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and City Recorder Sutton represented the City staff . 7 :00 PM APPEARANCE MARTY JESSEN - HENNEPIN COUNTY PARR RESERVE DISTRICT Marty Jessen was present. Jessen gave the Council a stat.us report on the Hennepin County Noerenberg Park Project. Jessen stated that a committee has been established and will meet at the FWBI on Thursday, November 29 , 1984 , at 4 : 00 p.m. Jessen noted that the two Orono representatives have been very helpful in giving background on the park. Jessen stated that the County will be accepting bids on the restoration of the gazebo. Jessen noted that the restoration work will done the summer of 1985 . Jessen noted that the County has made available to the City, copies of the will regarding the Noerenberg Park. CONSENT AGENDA* Councilmember Frahm moved, Councilmember Adams seconded, to approve the Consent Agenda* , with all staff reports concerning these items to be attached to an original copy of these minutes on file in the City Clerk ' s office. Motion, Ayes ( 4 ) , Nays ( 0 ) . APPROVAL OF MINUTES* Councilmember Frahm moved, Councilmember Adams seconded , to approve the minutes of the regular Orono Council meeting held November 13 , 1984 . Motion, Ayes ( 4 ) , Nays ( 0 ) . LAKE MINNETONKA CONSERVATION DISTRICT REPORT Jo Ellen Hurr was not present . Zoning Administrator Nabusth explained that Hurr had contacted her and noted that no board meeting was held by the Lake Minnetonka Conservation District in November, therefore there was nothing to report. Mabusth noted that the next board meeting will be held December 5 , 1984 . PLANNING COMMISSION COMMENTS There were no Planning Commission comments . PUBLIC COMMENTS There were no comments from the public present. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 26 , 1984 PAGE 2 #816 LAKE MINNETONKA HOMES 155 WILLOW DRIVE SOUTH (COUNTRYSIDE DRIVE) APPROVAL OF STREET NAME & FINAL PLAT APPROVAL — RESOLUTION Richard Conry was present to represent Lake Minnetonka Homes. Zoning Administrator Mabusth noted that the new street name has been changed to Manor Circle so that it will not confliet with other street names . Mayor Butler moved , Councilmember Adams seconded , to approve the street name of MANOR CIRCLE of f Countryside Drive. Motion, Ayes ( 4 ) , Nays ( 0 ) . CouncilmemberAdams stated that the resolution doesn ' t note that Manor Circle will be a private drive and that Countryside Drive will be a public street after all lots have been developed. Adams suggested that Manor Circle being a private road should be noted in the covenants. Zoning Administrator I�labusth noted that it is clear in the covenants that are f i led that any other streets are to be private. Mabusth added that in the City resolution it notes that Nanor Circle is a private road. Councilmember Adams stated that in paragraph four of the resolution that it should note "a separate maintenance agreement to cover the maintenance of the private road, Manor Circle" . Richard Conryexpressed hisconcern over theresolution which states that no building permits will be issued until the road bed is completed and also a certificate of occupancy will not be issued until all seeding and soddingiscompleted. Conry explained thatif the road bed is installed prior to any building permits , new construction would tear up the road. Conry also noted that not allowing certificate of occupancies until seeding and sodding is finished, makes it impossible for anyone to move into a completed home during the months of November thru Marcll. Conry asked that these conditions be removed or changed. Councilmember Adams informed Conry that the road bed must be in prior to building permits so that emergency vehicles such as ambulances, fire trucks , and police vehicles can get access to the homes . Adams stated that this condition is for the safety of the residents and/or contractors in that area . Zoning Administrator Mabusth stated that she would do a survey of other Cities to see how they handle the timing of the building permitsandcertificate of occupancies . Councilmember Adams moved , Councilmember Frahm seconded , to table action on the final plat approval resolution until the December 10 , 1984 , Council ,..,.,.,- , .,�. ,,R,.� , �... T.,„.- � n � �i-,.,� r n � MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 26 , 1984 PAGE 3 �838 DOUG KLINT/TOM BERNIER PARTIAL VACATION OF MAPLE AVENOE - RESOLUTION �1699* Doug Klint arrived after the Council had acted on this resolution. Councilmember Frahm moved, Councilmember Adams seconded, to approve Resolution #1699 , A Resoluti_on Vacating a Portion of rlaple Avenue. Moti on, Ayes ( 4 ) , Nays ( 0 ) . #861 STEVEN PAULY 3980 DAHL ROAD VARIANCE RESOLUTION #1700* Councilmember Frahm moved, Councilmember Adams seconded, to approve Resolution #1700 , A Resolution Granting A Variance to Steven Pauly to allow the construction of a deck. Motion, Ayes ( 4 ) , Nays ( 0 ) . #869 JAMES PHEI,AN 1231 WILDHURST TRAIL FINAL SUBDIVISION RESOLUTION #1701 James Phelan was not present. Zoning Administrator Mabusth reviewed with the Council the final plat. Mayor Butler moved, Councilmember. Frahm seconded, to approve Resolution #1701 , A Resolution Approving the Plat of HEATHERCROFT. Motion, Ayes ( 4 ) , Nays ( 0 ) . WATER RATE REVIEW ORONO RESIDENTS WAYZATA SERVICE AREA Mayor Butler noted that City Engineer Cook was not present and that this would be reviewed at the December 10 , 1984 meeting. SAI,ARY ADJUSTMENT THERESA NAAB* Councilmember Frahm moved, Councilmember Adams seconded, to approve a salary adjustment for Theresa Naab from $7 . 00/hr to $7 . 28/hr effective December 3 , 1984 . Motion, Ayes ( 4 ) , Nays ( 0 ) . ASSOCIATION OF METROPOLITAN MUNICIPALITIES PROPOSED LEGISLATIVE BIENNIUM* Councilmember Frahm moved, Councilmember Adams seconded, to approve the Association of Metropolitan Municipalities Proposed 1985-86 Biennium. Motion, Ayes (4 ) , Nays (0 ) . LIQUOR STORE OPERATING RESULTS* Councilmember Frahm moved, Councilmember Adams seconded, to approve theliquorstore operating results three months ended June 30 , 1984 , report prepared by Finance Director Kuehn. Motion, Ayes ( 4 ) , Nays ( 0 ) . . MINOTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 26 , 1984 PAGE 4 1985 APPROVED BUDGET* The 1985 Budget, as amended by the Council at the special meeting held October l , 1985 , was included in the agenda for information only. REVENUE SHARING REIMBURSEMENT FOR BUDGETED EXPENDITURES* Councilmember Frahm moved, Councilmember Adams seconded , toapprove the revenuesharing reimbursement for budgeted expenditures report prepared by Finance Director Kuehn. Motion, Ayes ( 4 ) , Nays ( 0 ) . SEPTEMBER, 1984 MONTHLY YEAR-TO-DATE SUMMARIES OF RECEIPTS, DISBURSEMENTS � BALANCES* Councilmember Frahm moved, Councilmember Adams seconded, toapprove theSeptember, 1984 , Monthly Year- to-Date Summaries of Receipts, Disbursements and Balances . Motion, Ayes ( 4 ) , Nays ( 0 ) . RECENT COURT ACTION INFORMATION ONLY Tom Radio stated that this item was for information only. PUBLIC EASEMENT FROM BURLINGTON NORTHERN Tom Judd and Art Johnsen were present. Bill Wolfe of 3255 Crystal Bay Road was present from the Crystal Bay area. Tom Radio stated that the houses do have access from Crystal Bay Road . Radio stated that if the Council decides to acquire this public easement, that the City must decide how to assess the public that benefits from this. Radio stated thatitwould be approximately $315 per property owner ( 8 property owners ) . Tom Judd asked the Council to provide a public easement from Burlington Northern Railroad for the residents of the Crystal Bay area that don ' t have access to the rear of their properties . Judd stated that Burlington Northern RR has stated that they will not grant a private easement but would be willing to consider a public easement to the City of Orono and Minnetonka Beach. Judd explained that the railroad has already done the surveying and easement work, so that the costs to the City would be minimal. Judd stated that the easement is needed for the public health, safety and welfare of the area, so that emergency vehicles can reach the properties legally. Judd stated that the City does receive a benef it and should bear some of the cost. Bill Wolfe of 3255 Crystal Bay Road stated that the easements are needed and that all the residents in the area are in favor of the public easement. Wolfe stated that he would be willing to pay the $315 assessment. , . � MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 26 , 1984 PAGE 5 Council had no problems with acquiring the public easement as long as there was no expense to the general tax payer, and the benefitting residents pay for the easement. Mayor Butler moved, Councilmember Hammerel seconded, that the City acquire the public easement and for the City to absorb the legal fees to-date and any fees after this will be assessed against the project cost. Residents to pay for easement to the City and City in turn will send a check to Burlington Northern Railroad . City willnot maintain easement, buttheresponsibility of the property owners to maintain easement, with maintenance to be consistent with past practices . Motion, Ayes ( 4 ) , Nays ( 0 ) . POLICY REVIEW - COLLECTION OF FEES City Attorney Radio recommended that this item be discussed in executive session. SIGN ORDINANCE REVIEW Assistant Zoning Administrator Gaffron reviewed with the Council the temporary sign ordinance . BILLS* Councilmember Frahm moved, Councilmember Adams seconded, that the All Funds Accounts and Liquor Store Accounts be paid. Motion, Ayes ( 4 ) , Nays ( 0 ) . ADJOURNMENT9 :15 PM The Orono Council adjourned the regular Council meeting at 9 :15 p.m. and entered into executive session. Motion, Ayes ( 4 ) , Nays ( 0 ) . ATTrEST: G'v/• �I'�;� �� ,�� ._�� .� �, � �% rothy . Hallin, City Clerk Mary C. Bu�: er, Mayor