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Home My WebLink About07-11-1978 Council Minutes r l CITY OF ORONO Regular Meeting of the Orono Council,. 7:02 P.�. July 11, 1978 The Orono Council met on the above date with the following members present: P�ayor Van Nest, Councilmembers Butler, r4assengale, Paurus, and - .� Pesek. Also present: City Administrator Benson, City Planner Olson, City Attorney r4alkerson, and City Engineer Olson.. :� Butler moved, Massengale seconded, to approve the MINUTES � P�inutes of the Reqular Pdeeting of June 15, 1978, =� with pages 6, 9, 53, & 54 amended. Motion, � Ayes (5) - Nays (0) . 2Jo comments from the Park Commission. PARK COr11MISSION � No comments from the Planning Comrnission_ PLANNYNG COMMISSION Councilraember Paurus, Orono' representative Lr•SCD RE�'0!RT � to the Lake Pdinnetonka Conservation District, � �` discussed the Li�ICD neeting held with the DidR ' � to discuss, their rules and regulations concern- �'' ing marinas. Pdr. Alan Olson, City Planner, entered into the VARIANCE - record the variance request of John Swanson, 2795 Casco Point Road 2795 Casco Point Road, dated June 29 , 1978, #377 which states: John Swanson P�r. Swanson was present with revised plans and a more detailed survey for consideration. Action was deferred because staff had not had time to review the changes and there had been no time to notify the concerned neighbors. The� work. as proposed now includes a basement extension which projects beyond the average lakeshore setback of the neighboring houses but which extension is essentially below ground level presenting no �iew barrier. Variance ,34.201 - Average setback, existing house _ extends 12 .ft. beyond, proposal extends to 32 ft. beyond �t Possible Hardship: Grade stabilization of exist- ing downslope for erosion and drainage control. - Variance 34.552 - Side setback, existing setback 9 ft. , �.setback at end of addition 8+ ft. , required setback 10 ft. , variance 2 ft. = 20$ (Gontinued) �P � � REGULAR P�IEETING OF THE ORONO COUNCIL, JULY 11, 1978 Page 2 Possible Hardship: Extends existing house line. VARIAi10E 2795 Casco Point Road The garage/sleeping area has been redesigned and (Continued) relocated. No variances required on this portion � of the work. . ;j Lot Specifications : ':� `� � Lot Area: 34 ,500 sq, ft. = 0. 79 acre � Lot Width: 84. 3 ft. road/100 ft, lake/92 ft. average � Hardcover: `;, ::� Within 75 ft. : 7,125 sq, ft. lot _� 400 sq, ft. hardcover = 5. 60 �� Variance: 34. 202 (existing) � � 75 ft. - 250 ft. : 16, 100 sq. ft. lot 1, 350 sq. ft. existing house = 8. 4� :$.. 500 sq, ft. basement addtn. = 3. 10 .�. �.�; 150 sq, ft. basement deck = 0 . 9� ;', 850 sq, ft. garage addtn. = 5. 3� °� 2, 850 sq, ft, total 17. 7$ Allowable = 250 - no variance required � 250 ft. - road: 11,275 sq, ft, lot �_ 480 sq, ft. existing garage = 4.2� '_= allowable = 350 - no variance required � �,:. Total lot: 3, 730 sq. ft. hardcover = 10. 8a :� � Summary: Variances required for basement addition: °� 34. 552 side setback and 34.201 average setback. :� Council Meeting - July 11, 1978 �� t2ayor Van Nest read into the record Mr. Ronald J. �� Grundeen' s, 2797 Casco Point Road, letter dated July 11, 1978, which states : '* °I, Ronald J_ Grundeen,reside at 2797 Casco Point �� Road. (South side of the John Swanson home_) � �. f' .. I have the following objections to his proposed building plans. Regretfully, I am unable to attend ��' the Council 2�4eeting this evening. My first concern �• �:;. is that the structures on the adjoining lots (lakeside) , " �: be as near in line as possible so as not to restrict �' the view or affect the future resale value. I feel ,{:.. that both of the adjoining structures are already �` behind the Swanson residence. I would also like to �w; be assured that this remains a single far.mily area, � and that this does not become a rental unit. This possibility could occur should the fariily members become deceased. Thank you. " Y� �: Ronald & Joy Grundeen (Continued) ��' -'� '� �: � y; � REGULAR MEETING OF THE ORONO COUNCIL, JULY 11, 1978 Page 3 Mayor Van Nest: The entire plat has been revised VARIANCE and resubmitted. The new proposal eliminates basic 2795 Casco Point Road concerns on the part of the neighbors. (Continued) Paurus moved, Butler seconded, to conceptually approve the request of John Swanson, 2795 Casco Point Road, for variances to lakeshore average � � setback and side setback directing staff to submit a resolution for review at the July 25, 1978 Council Meeting, expressing the following concerns: 1. P�ulti-uses 2. Vertical expansion of basement walkout 3. P1ot to disturb slope 4. Future expansion not to be allowed 5. All conditions to be included in the chain of title Motion, Ayes (5) - Nays (0) . Pesek rloved, Butler seconded, to adopt Resolution �tESOLUTION �917 #917, A Resolution Approving Volk Johnston Addition, Volk Johnston Addition 1340 North Arri Drive. Motion, Ayes (5) - Nays (0) . 1340 North Arm Drive Mr. Alan Olson, City Planner, entered into the SUBDIVISION record the request of Russell L. Wenkstern, 645 645 North Arm Drive North Arm Drive, dated t�lay 17, 1978 , which states: #383 Russell Wenkstern Applicant has an existing residence on a one-acre lot in the RR-1B two-acre zone. He proposes to add 0. 22 acre from the adjacent golf course property. This will better the existing situation but is still shy of the required two acres in this zone. There is a sewer stub from the 73-1 project provided for this house, but the property was not assessed and has not been connected. Planning Commission Meeting - May 22, 1978 Sketch Plan Review - Owner' s attorney, Roger Reed, was present. Planning Comriission was told that proposal is made to retain all of developed yard area with home when it is sold. Planning Commission discussed requiring either two acres minimum as required in RR-1B zone or requiring se�ver connection. The City is to inspect the existing on-site system. � Staff Note - May 23, 1978 Received a call fron Mr. Reed stating that the owner would prefer sewer hookup (including . assessment) over the two acre minimum lot alternate. Public information meeting scheduled for June 26, 1978 at 7: 40 P.DZ. (Continued) , , REGULAR MEETIPIG OF THE ORONO COUNCIL, JULY 11, 1978 Page 4 Planning Commission 2�eeting - June 26, 1978 SUBDIVISION 645 North Arm Drive Public Information meeting held. PRr. Reed was (Continued) present representing the owner. No public comments were heard. Planning Commission discussed proposal including -� minimum two acre requirement in this zone and � unusual situation of sewer stub physically avail- able. It was noted that technically additional land is available, but that proposal includes �,� only traditionally used yard area and that any -� increase betters an existing situation. This , is not the creation of a new lot, but only '� expansion of an existing lot. The sewer availability '� nullifies health, safety and welfare purpose of ;� two acre requirenent. Planning Commission recom- � mended approval of lot line rearrangement subject � to payment of sewer assessments and to sewer connection prior to final approval, or a developer' s agreement for connection within reasonable time � after approval. :� � �- Staff Note - July 5, 1978 � This property would be serviced by an existing � stub from the 73-1 project. Assessments based on the 73-1 rate as follows: :� Plant Charge $110. 00/acre X 1.22 = $ 134.20 Lateral Charge $18.30/ft. X 355 = 6, 496. 50 Unit Charge Each 3, 859. 05 10, 489. 75 Council rseeting - July 11, 1978 Psayor Van Nest moved, Paur�,�s seconded, to approve the preliminary subdivision request of Russell L. Wenkstern, 645 2lorth Arm Drive, per the Planning Commission recommendations of Jun� 26, 1978, subject to: 1. Connecting to City sewer 2. Payment of all sewer assessmerits 3. Signing off on resolution P-iotion, Ayes (5) - Nays (0) . �' �. .. . � . '�: � REGULAR MEETIPIG OF THE ORONO COUNCIL, JULY 11, 1978 Page 5 �4r. Alan Olson, City Planner, entered into the record SUBDIVISION the subdivision request of Paul Englund, 980 Pdorth 980 North Shore Dr. W Shore Drive West, dated May 17, 1978, which states: #385 Paul Englund The applicant wishes to divide his 8. 62 acre (excluding road) parcel into two pieces, one with house to be 3. 68 acres (excluding road) ; the other to be 4.98 acres (excluding road) . Both parcels meet all requirements of the RR-1B two-acre_: _� zone. The existing house meets all setback requirements. � Planning Commission Meeting - May 22, 1978 . � .� ;� .� Sketch plan reviewed and approved. Staff noted '� to Planning Commission and to P�r. Englund' s � attorney that the lot line should be relocated � slightly to provide at least four acres in each parcel. Septic testing will be required prior to final plat approval. Public information meeting q�� scheduled for June 26 , 1978 at 8 :00 P.Pd. � Staff Note: Received revised plan with dividing � line changed to provide 4 acre and 4. 6 acre � parcels. ;� � Planning Commission Meeting - June 26, 197F3 ;� �.� Public information meeting held. Applicant was � present. No public comments were heard. Planning Commission recorunended approval of revised request subject to septic system site evaluation on Lot 1 prior to final approval and payment of park dedication fees, noting that a County driveway permit is required for access to Lot 1. Council Meeting - July 11, 1978 Butler moved, Pesek seconded, to approve the preliminary subdivision request of Paul Englund, 980 North Shore Drive West, per the Planning Commission recommendations of June 26 , 1978. Motion, Ayes (5) - L7ays (0) . 2�r. Alan Olson, City Planner, entered into the STREET VACATION record the request of Hennepin County Park #386 � Reserve District to vacate a platted road, Morris T. Baker Park �; dated May 15, 1978, which states: �` The Park Reserve District, as per the attached � letter, has requested the City to vacate a ''' portion of a platted undeveloped road lying �� entirely within the boundaries of Baker Park �' Reserve. The Planning Commission should schedule � a public information meeting for June 26 , 1978. (Continued) � � � �' � =a, � REGULAR MEETING OF THE ORONO COUPdCIL, JULY 11, 1978 Page .6 Planning Commission P�eeting - June 26 , 1978 STREET VACATION Morris T. Baker Park Public information meeting held. Tim P4arr (Continued) represented the Hennepin County Park Reserve District and explained the request. Neighbor at 1195 Starkey Road, P�Ir. Laidlaw, was present to review the proposal. He had several comments concerning the proposed bike/hike trail location but said he had no objection to the subject vacation. The location of a gate into the Park was discussed with comment made that gate next to Laidlaw' s property would be less desirable than one further inside park property. Planning Commission recommended approval of vacation finding a public benefit in single ownership and maintenance responsibilities subject to Park Reserve providing private easement for existing utility lines. Vote: Ayes (4) - Nays (0) , Absention (1) McDonald. l�lcDonald did not see the public benefit of the road vacation and possible moving of gate to park boundary. Council Meeting - July 11, 1978 Butler moved, Pesek seconded, to adopt Resolution RESOLUTION #918 #918, A Resolution Vacating A Plat Road In The Road Vacation SW 1/4 Of Section 29, T. 118, R 23 Within The Morris T. Baker Park � City Of Orono, 24innesota, at Morris T. Baker � Park Reserve. Motion, Ayes (5) - Nays (0) . � ,� � P�Ir. Alan Olson, City Planner, entered into the REZONING :� record the request for rezoning from B-2 to 3445 Bayside Road � LR-lA, at Stubbs Bay Marina property, 3445 Bay- #390 � side Road, for James McCleary, dated Dsay 17, Stubbs Bay Marina 1978, which states: '� � This is a proposal to down-zone a certain portion *� of the marina property. The purpose is to � establish a reasonable boundary for the authorized � dock use area required by the LMCD and the City of Orono regulations. The proposal was suggested to 2�Ir. P�cCleary at the Orono Marina Committee meeting held on April 18, 1978. The revised dock use area will provide for � 66 slips as per previous years licenses without � the need for general harbor dredging. The only � dredging required under application #294 would be a 30 ft. wide channel to the launching ramp. � The result of this proposal is in concert with -,� the Council direction given on March 30, 1978, ' with no adverse precedent established by the � do�zn-zoning. (Continued) � � ,� � � ., REGULAR MEETING OF THE ORONO COUi1CIL, JULY 11, 1978 Page 7 The issues of note: REZONING 3445 Bayside Road 1. A specific determination of the number of water- (Continued) ward slips 2. A possible determination of the maximum boat units to be stored on land similar to the North Shore Drive Marina Agreement 3. A specific determination of the dredging required: location, width, length, depth and spoils removal method 4. A legal lot combination of the currently separate parcels (Lots 7, 21 & 22) should be considered Planning Commission Meeting - May 22, 1978 Work Session. Pdo applicant present_ Planning Commission discussed various options and intent of dock use area determinations. Public information rieeting is scheduled for June 26, 1978, at 7 : 50 P.M. Available options : 1. Permit naturally available slips only 2. Permit general harbor dredging for maximum 66 slips within D.U.A. 3. Permit channel dredging and combination wet/dry stack for 66 slips 4. Rezone residential to B-2 for ex�anded D.U.A. - 66 slips without dredging 5. Rezone B-2 to residential (this application) which under certain interpretations could expand the D.U.A. to permit 66 slips without dredging Planning Commission D'Ieeting - June 26, 1978 Public information meeting held. Mr. Stewart Perry was present representing the applicant. Mr. & Mrs. Sam Brown were present as neighbors along East Lake Street. The Brown' s complaint was the general "mess" on the marina property, � questioning building construction plans, weeds, and general cleanup. They seemed to have no � specific interest in the rezoning or in dockage �f questions. � Staff read into the record a letter from Dr. & Mrs. �, V. H. Larson, owners of adjacent Lots 24 & 25 on � Bayside Road. This letter objected to "any ,� further commercial expansion on Stubbs Bay" . � Planning Commission noted that the proposed dock � layout would extend in front of this property and would limit the riparian rights of this property to full use of a 100 ft. authorized dock. (Continued) _� :� � ,� ��, REGULAR MEETING OF THE ORONO COUPdCIL, JULY 11, 1978 Page 8 Mr. Perry_ noted that this letter was the only REZONING objection on file and that most of the other 3445 Bayside Road neighbors had signed a petition in favor of (Continued) the request. He noted that Mr, ricCleary had tried for many years to overcome obstacles in approval of his dockage and marina requests. Planning Commission had general discussion regarding this proposal as an attempt to circumvent the LhiCD requlations regarding dock use areas. This rezoning is not for purposes of creating a building site or for permitting any use authorized by the zoning code, but is solely to redraw an imaginary line. There were questions about the legal effects of rezoning only a small porti.on of a separate parcel and about possible vested rights to residential use of this small lot portion. The issue was defined as one of dock use area definition - not number of slips. Planning Commission recommended denial of the rezoning request finding that the dock configuration presented with the #390 application infringes on the riparian rights of the owners of Lots 24 & 25 and that therefore the rezoning is unacceptable. Vote 6-0 for denial. Council Meeting - July 11, 1978 PQr. Stewart Perry was present representing the applicant. Mr. Perry commented that it would seem that we could work out the problems. We question the concerns stated by Mr. Brown and Pdr. Larson. - Mayor Van Nest: Our concerns are, we are creating substandard uses of the Stubbs Bay Marina property. Mr. Perry: We are concerned with the zoning line. �, Mayor Van Nest: We stated earlier that we would � not be in favor of rezoning. '�` Councilmember Massengale: We need the correct facts in front of us. This we do not have. Rezoning will not solve property lake rights . Rezoning is not a tool to create artifical lines to grant riparian rights to the lake. Massengale moved, Butler seconded, to direct staff to prepare a resolution for the next Council meeting to deny the application. The application does not conform to philosophy of rezoning. (Continued) � REGULAR MEETING OF THE ORONO COUNCIL, JULY 11, 1978 Page 9 Discussion followed: REZOtJING 3445 Bayside Road Mr. Perry: We want to request guidelines that (Continued) would be favorable to the City Council. Mayor Van Nest: Our previous action outlines what the City Council has approved. Mr. Perry: I was not aware of what we should be doing. Motion, Ayes (5) - Pdays (0) . Mr. Alan Olson, City Planner, entered into the STREET VACATION record the request for the vacation of a portion ivy Place of Ivy Place on Casco Point, dated June 7, 1978 , #392 which states: Richard Putnam The applicant, 22r. Richard Putnam, and his neighbors are petitioning the City to vacate a small portion of Ivy Place as shown on Exhibit C. Ivy Place has been vacated in several sections over the years (see Exhibits D & E) , but this portion was apparently overlooked in past recordings. This reguest is to clear title to this property for Mr. Putnam. The "road" is an unused portion of his lawn. Mr. Putnam has produced evidence of access to all affected properties (easements of record across property other than that to be vacated) �: thereby eliminating problems with landlocking. A public information meeting has been scheduled for June 26 , 1978. Planning Commission Meeting - June 26, 1978 Public information meeting held - no public comments were heard. Planning Commission recor_unended approval finding that request is a housekeeping request to clear title to a vacation which,in fact, occurred many years �;� ago. There appears to be no adverse effect upon any public or private property. Council Meeting - July 11, 1978 Butler moved, P�Iassengale seconded, to adopt RESOLUTION #919 Resolution #919, A Resolution Vacating A Vacate Ivy Place Portion Of Ivy Place Within The City Of Orono, l�iinnesota, subject to the City Attorney' s review. Motion, Ayes (5) - Nays (0) . REGULAR MEETING OF TFiE ORONO COUNCIL, JULY 11, 1978 Page 10 Mr. Alan Olson, City Planner, entered into the VARIANCE record the request for a variance of Dave & Holly 1790 Shadywood Road Eiss, 1790 Shadywood Road, dated June 8, 1978, #396 which states : Dave & Holly Eiss The applicants propose to upgrade this property by replacement of the existing "cabin" with a new house, or alternately, remodeling of the existing building along with construction of a large new addition. The new work would meet all front, side and lakeshore setback rec�uire- ments. Careful consideration should be given to the sight lines of the adjoining house to the north. The lakeshore is running at an unusual angle to the lot lines and house locations. Variances required: 34 . 552 - 21, 780 sq. ft. lot required 13, 300 sq. ft. actual area 8, 480 sq, ft_ (39�) variance required 100 ft. lot width required 63 ft.± actual width 37 ft. (37�) variance required 10 ft. side setback required 2. 3 ft. actual existing setback 7. 7 ft. (77�) variance required (If existing house remains) Fiardships : No additional property available Existing house location (for side setback if required) Existing conditions will be improved Staff Note: �. The applicant has been advised to deterr.iine which route (new home or addition) he desires to follow and should so inform you during the work session. If a new house is to replace the old, he may desire to keep the existing house during construction. This must be addressed in view of the City policy of requiring demolition prior to issuance of new perriits. Planning Commission Meeting - June 12, 1978 ��ork Session - Applicant desires to proceed with variance for addition. (Continued) REGULAR P�lEETIPdG OF THE ORONO COUrICIL, JULY 11, 1978 Page 11 Staff 2Jote � - June 19, 1978 Note addit.ional variance VARIANCE required: 1790 Shadywood Road (Continued) 34. 202 Lakeshore F�ardcover (75-250 ft. ) 25% maxir,lum hardcover permitted 27% hardcover existing (2$ variance) 34� hardcover proposed (9$ variance) Planning Commission r�eeting - June 26, 1978 Applicants present. It was noted that the proposal is to add on to the existing building and to then rebuild the existing cabin into a garage, which rebuilding would include removal of parts of the existing building so that all of the corlpleted building would neet the minimum 10 ;ft. side setback requirement. A discussion ensued regarding the armount of hardcover proposed including the new driveway. Planning Commission recorunended approval of the proposal as presented, including variances for lot size, lot width, and hardcover finding hardships of no additional land available and noting that hardcover is mitigated because much of the lot drainage including all driveway drainage flows to the road and not directly to the lake. Vote 5 ayes, 0 nays, and one abstention (Frahm) on account of the excessive hardcover. Council P�eeting - July 11, 1978 P•iassengale moved, Butler seconded, to approve the variance request of Dave and Hol.ly Eiss , 1790 Shadywood Road, per the Planning Commission �. recomr.iendations of June 26 , 1978, subject to .� removal of house within 10 ft. of property line. � i�iotion, Ayes (5) - Nays (0) . :�, 2ir. Alan Olson, City Planner, entered into the VARIANCE record the request for a variance of Steven 485 Stubbs Bay Road North 6�aldron, 485 Stubbs Bay Road North, dated #397 June 8, 1978, which states: Steven Waldron The applicant wishes to construct a 25 ft. X 30 ft. addition to the rear of his home on a 1. 65 acre lot in the RR-lA, five-acre zone. There is a wet area to the rear of this lot but the proposed addition will greatly exceed the 26 ft. setback requirement. (Continued) � . ;�' REGULAR P�IEETING OF THE ORONO COUi7CIL, JULY 11, 1978 Page 12 Variance required 34. 742 - 100 ft. rear yard VARIANCE required; 77 ft. rear yard proposed; 23 ft. 485 Stubbs Bay Road Nortr '23�) variance (Continued) Hardships apparent: location of existing house. Planning Commission Meeting - June 26, 1978 Mr. & Mrs. Waldron were present. They noted addition is intended as family room. Planning Commission recomr.►ended approval as proposed finding hardships of existing house location and no additional land available. Council Meeting - July 11, 1978 Butler moved, PZassengale seconded, to approve the variance request of Steven Waldron, 485 Stubbs Bay Road North, per the Planning Commission recommendations of June 26, 1978. Motion, Ayes (5) - Pdays (0) . Mr. Alan Olson, City Planner, entered into the RIPRAP record the request for riprap of David Stanslaski, 3550 North Shore Drive 3550 Tlorth Shore Drive, dated June 21, 1978, #402 which states: David Stanslaski ihe applicant is requesting approval to place riprap upon his shoreline to prevent further erosion. Inspection does reveal damaging erosion and staff recommends approval. Note that the property east of this lot has 1" rock gravel along the shore and approval of this application should specifically include minimum 6"-12" rock riprap per the DNR standard specifications. Planning Commission Meeting - June 26, 1978 Reconmended approval of riprap per DNR standard specifications. Council Pdeeting - July 11, 1978 Butler moved, Massengale seconded, to approve the application for riprap of David Stanslaski, 3550 North Shore Drive, per the Planning Commission recommendations, subject to DNR and Minnehaha Creek Watershed District permits . Motion, Ayes (5) - tJays (0) . REGULAR MEETIPIG OF THE ORONO COUiJCIL, JULY 11, 1978 Page 13 Mr. Alan Olson, City Planner, entered into the VARIANCE record the request for a variance of Bill Allen, 3475 Livingston Avenue '475 Livingston Avenue, dated June 21, 1978, #403 ,ahich states: Bill Al1en The applicant is requesting a side yard variance for construction of a single stall garage. The narrow lot width makes access difficult if the required 10 ft. side yard is maintained although this would be possible if the garage were placed farther to the rear on the lot. The 10 ft. side yard also tends to reduce the usable rear yard and to break up the available open space. The 6 ft. proposed side yard does exceed State building code requirements. Variance 34.452 Side yard 10 ft. required 6 ft. proposed 4 ft. variance - 40� Hardship: Existing narrow platted lot with no additional land available. Planning Commission Meeting - June 26, 1978 Mr. Al1en was present. Planning Commission -iscussed lot size and large maple tree behind r,roposed garage location. Planning Commission recomi►iended approval as proposed finding hardships of lot size, house location and tree location with no additional land available. , Council Meeting - July 11, 1978 Butler moved, Paurus seconded, to approve the request for a variance of Bill Allen, 3475 Livingston Avenue, per the Planning Commission recommendations of June 26, 1978. Motion, Ayes (5) - Nays (0) . Mr. Alan Olson, City Planner, entered into the COPdriERCIAL BUILDING record the request for a commercial building and 2477 Shadywood Road site plan review of TonkaWest Development, 2477 #404 Shadywood Road, dated June 21, 1978, which states: TonkaWest Development This development has been reviewed twice before for different designs. Once again, a revised design has been submitted for approval. Building plans will be available for review at the meeting. The site consists of two separate lots (Tracts A & B �LS 88) totaling 63,000 sq. ft. (1. 45 acre) , zoning istrict B-4. All required yard setbacks for building and parking are met. All parking and loading requirements are met. The entire lot (Continued) REGULAR MEETIrIG OF THE OROP70 COUNCIL, JULY 11, 1978 Page 14 has approximately 35$ hardcover which is the COMI�'iERCIAL BUILDING maximum allowable within 1000 ft. of the shore 2477 Shadywood Road this lot 900-1150 ft. ) . The City Engineer is (Continued) �eviewing drainage requirements. Assessments rernain due per previous approval. Recommended conditions of approval: 1. Legal combination of Tracts A & B 2. Payment of one additional commercial water unit - $870. 3. Payment of three additional sewer connection units - $225 X 3 = $675. 4. Approval of Hennepin County Access Permit 5. Approval of drainage by City Engineer Planning Commission Meeting - June 26, 1978 Robert Olson, contractor, was present representing the owner. Staff reviewed previous approvals and changes as presented herein. The City Engineer has been requested to review the drainage but has not yet returned a report. Planning Commission recommended approval of the evised building and site plans subject to the ,ity Engineer' s approval of drainage and other four items noted above in the staff report. Council P4eeting - July 11, 1978 Pdr. Jim Olson, City Engineer, discussed the drainage commenting that the drainage is very difficult and shallow. We recor.mmend a 15" culvert and adequate ditching with Hennepin County approval. Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #920 Resolution #920 , A Resolution Approving A Revised TonkaWest Development Cor.unercial Building Addition For TonkaWest Develop- 2477 Shadywood Road ment, as modified. Motion, Ayes (5) - Nays (0) . Mr. Alan Olson, City Planner, entered into the RIPRAP record the request for riprap of George Wilharm, 2745 Shadywood Road 2745 Shadywood Road, dated June 30, 1978, which #406 states: George Wilharm The applicant wishes to place Class B riprap along his shoreline to prevent further erosion. Staff has inspected the property and recorunends approval. �te: Current ordinance requires Council approval of such applications but pursuant to a Planning Commission recommendation at the last meeting, we will soon propose an ordinance revision allowing staff to issue such permits without unnecessary (Continued) REGULAR MEETIPIG OF THE ORONO COUNCIL, JULY 11, 1978 Page 15 Commission and Council review. Consequently, RIPRAP this application is sent directly to Council without 2745 Shadywood Road �lanning Commission review. (Continued) Council i�ieeting - July 11, 1978 Butler moved, Mayor Van Nest seconded, to approve the request for riprap of George Wilharm, 2745 Shadywood Road, and to waive the Planning Comrnission review. Motion, Ayes (5) - Nays (0) . Mr. Alan Olson, City Planner, commented that the MARINA LICENSES marina licenses will be on the next Council agenda. Mr. Alan Olson, City Planner, commented that a S.M.S.�. ARCHITECTS & representative from Sovik, Mathre, Sethrum, and PLANNERS Quanbeck will appear at our next Council meeting. � Dick Benson, City Administrator, presented the RECONSIDER P�IOTION City Council with a letter received from the Minnetonka Center of Minnetonka Center �f Arts & Education dated Arts & Education July 5, 1978, which states: "With respect to the resolution passed June 29, �_978 er.ibracing the total plan for the expansion �f the Minnetonka Center of Arts and Education. we agree to the terms of that resolution, pointing out that all of the construction contemplated by that plan may be cormpleted at a later date and we would not expect to be prejudiced by any diminished square footage in the present construction and remodeling. " Council P4eeting - July 11, 1978 Dick Benson, City Administrator,commented that there seemed to be some confusion as to the conditions that were outlined at our previous �=; Council meeting granting the permit for the � addition to the l+sinnetonka Center of Arts & � Education. The Center would not want the traffic study and volumes as a condition to granting the building permit but would prefer the study as a condition to be submitted at a later date. Butler moved, Massengale seconded, to reconsider the previous motion of the June 29 , 1978 Council meeting. Motion, Ayes (5) - Nays (0) . (Continued) REGULAR i�2EETING OF THE ORONO COUNCIL, JULY 11, 1978 Page 16 Butler moved, Massengale seconded, that the permit RECONSIDER r70TION to be issued when the restrictive covenant is signed P7innetonka Rrt Center 3nd staff approval of construction plans and septic (Continued) de�ign; prior to certificate of occupancy, Minnetonka Cetner of Arts & Education must submit written report and study of traffic volume . projections and parking availability. P4otion, Ayes (5) - Nays (0) . P�Ir. Alan Olson informed the City Council that since EMERGENCY RIPR.APPING the record rains that have fallen in our area, we are experiencing sufficient damage to the lake and shorelines that justifies immediate action by City staff in approving Class B riprap. The extreme high water is causing some of our shoreline severe damage from wind and boat wakes. Mayor Van Nest moved, Massengale seconded, to waive Planning Commission approval of riprapping for emergency shoreline protection maintenance and to instruct City staff to issue permits on that basis with Council approval at their next regularly scheduled Council meeting, subject to Minnehaha Creek Watershed Distirct and DNR permits. Motion, Ayes (5) - Nays (0) . `4ayor Van Nest moved, Massengale seconded, to �nstruct staff to prepare an amendment to the City ordinance allowing issuance of riprapping permits for emergency shoreline protection maintenance. P�otion, Ayes (5) - Nays (0) . Mayor Van Nest moved, Butler seconded, to CONDITIONAL USE PERMIT approve a conditional use permit for riprapping Windward Marine for emergency shoreline protection maintenance 1444 Shoreline Drive subject to Minnehaha Creek Watershed District and Department of Natural Resources permits for Windward P�Iarina, 1444 Shoreline Drive. Nlotion, Ayes (5) - Nays (0) . Mayor Van Nest moved, Butler seconded, to CONDITIONAL USE PERMIT approve a conditional use permit for riprapping 2815 Casco Point Road for emergency shoreline propection maintenance P�Iichael T. Farrell subject to: 1) replacement of trees and bushes , 2) no additional tree removal, 3) Minnehaha Creek Watershed District and Department of Natural Resources permits , for Michael T. Farrell, 2815 Casco Point Road. Motion, Ayes (5) - Nays (0) . REGULAR P�iEETING OF THE OROPdO COUNCIL, JULY 11, 1978 Page 17 Butler moved, Massengale seconded, to approve a TEPZPORARY TRAILER PERMIT temporary permit for one self-contained trailer 3655 Togo Road "or July 23, 1978 through July 30, 1978 for �Cingdom Hall of Jehovah's Witnesses, 3655 Togo Road. Motion, Ayes (5) - Nays (0) . Massengale moved, Butler seconded, to approve a TEMPORARY TRAILER PERMIT tenporary permit for a 14 ' X 50 ' r:�obile home for 645 Tonkawa Road the Camp Teko, 645 Tonkawa Road, director and his wife; only sanitary sewer and water to be used in adjacent permanent building and not connected to the mobile home. Permit expires August 30, 1978. Motion, Ayes (5) - P1ays (0) . Mayor Van Nest and Councilmember C. Paul Pesek ASTERISK AGENDA ITEMS discussed the possibility of restructuring the Council agenda to asterisk items to be considered routine that could be enacted by one motion. This would eliminate separate discussion unless a Councilmember or citizen requests an item to be discussed. Peske moveci, Mayor Van Nest seconded, to instruct the City Administrator to restructure the Council agenda including asterisk items to be enacted by �ne notion. I�Zotion, Ayes (5) - Nays (0) . Dick Benson, City Administrator, informed the REFUND - CETA City Council that on January 23, 1978 , we received a check from Fiennepin County made payable to the City of Orono in the amount of $893. 48. One month later we received a phone call notifying us of the error. tide informed the County that they would have to carite a letter requesting a refund. Please find a copy of the letter attached. � Letter from Hennepin County CETA Services dated June 9, 1978, states: "Hennepin County CETA Services has a contract for Public Service Employment Program with Orono School District #278. Sometime last January 23, 1978, a check Warrant Request #53640 for $893. 48 , was erroneously mailed to your office - City of Orono instead of Orono School District #278. As a result of this error, may we request that you send us a refund check for $893. 48 equal to the ar:tount previously mailed to you. " (Continued) � _ REGULAR MEETING OF iHE OROPdO COUt7CIL, JULY 11, 1978 Page 18 Pesek moved, Mayor Van Nest seconded, to approve REFUND - CETA a refund of $893. 48 to Hennepin County CETA (Continued) Services per the above memo. Motion, Ayes (5) - �1ays (0) . Dick Benson, City Administrator, informed the FRUEN PROPERTY - City Council that we are in receipt of a letter Willow Drive & #12 from Victor S. Rotering, David C. Bell Company, dated June 15, 1978, which states: "In discussing the 26 acre Fruen property at Willow and Highway 12 with you during the past many months, we have been trying to zero in on just what the City might be interested in buying and at what price. At the same time I have been attempting to pin down whether the owner, Todd Fruen, would sell less than the entire 26 acre parcel and buildings that are presently for sale for $140,000. Todd Fruen has asked me to pass on to you the following information: He will sell you a rectangular piece extending north from Highway 12 along the east side of Willow approximately 1320 ' (to present north ��° `�oundary of property) and east from Willow a `� .iistance of 600 to 650 feet to comprise 19 acres. x` The east line of this parcel will be determined by survey and will be at least 150 feet west of all buildings. Mr. Fruen is agreeable to selling `` this 19 acre parcel for $85,500. The seller will pay all taxes due and payable in 1978. Terms to be cash at date of closing. Additional conditions necessary for agreement to sell: 1. The farm crop planted in 1978 to remain undisturbed, and all farm income payable in 1978 to remain with seller. 2. The City of Orono will expedite replatting of the 26 acre parcel #4400, and #4600 (abutting on the east) if necessary, pursuant to survey_ 3. The City of Orono will agree to rezone for non- � residential use the easterly 150'-200 ' of parcel � #4400 (not included in the sale) , abutting Highway 12, to a depth of 350 to 375 feet and also the 356 feet of parcel #4600 along Highway 12 to the east, also to a depth of 350 to 375 feet. (Continued) ,� :� i REGULAR P�iEETING OF THE OROP10 COUNCIL, JULY 11, 1978 Page 19 4. The City of Orono agrees to develop a 6 ' high FRUEN PROPERTY berm (earth mound) along the east border of (Continued) purchased property and to plant evergreens on it to protect adjacent property owners to the east when the City begins construction on the purchased parcel. If the above price and conditions are acceptable to the City of Orono, I would appreciate your obtaining an authorized signature on this letter and returning one copy to me. Then, we will type up a formal Purchase Agreement to include the desired closing date, earnest money amount and agreed upon specifications. At that time seller will arrange for a survey of the property being purchased. " Council Meeting - July 11, 1978 After Council discussion, the following motion was introduced: Mayor Van Nest moved, Butler seconded, to: 1. Submit an offer of $70, 000 for the 19-acre parcel, terms to be payable over a two-year period. Payments to be determined at a later date_ 2. Condition #1 necessary for agreement to sell, approved. 3. Condition #2, approved 4. Condition #3, rejected 5. Condition #4, rejected Motion, Ayes (5) - Nays (0) . 4 Dick Benson, City Administrator, presented the LMCD BUDGET City Council with the 1979 Lake Minnetonka Conservation District Budget dated June 29, 1978. The City Council received a letter from Louis B. MECHANICAL AMUSEMENT Oberhauser concerning mechanical amusement devices DIVICES dated June 26, 1978. Mr. Bruce Malkersan, City Attorney, commented that JOINT POWERS AGR�EMENT he is in the process of forwarding to the City the Joint Powers Agreement for City signatures as approved at the last Council PZeeting. The Metro Sewer Us�r_Strength Charge Ordinance No. 212 has been �ublished as approved at the last Council meeting. � � REGULAR MEETING OF THE ORONO COUNCIL, JULY 11, 1978 Page 20 Pesek moved, Massengale seconded, to adopt Resolution RESOLUTION #921 #921, A Resolution Accepting The Donation Of Property Dayton Property �t 455 East Long Lake Road From Bruce Dayton, t�otion, Ayes (4) - Nays (1) . Butler Nay. Butler moved, Massengal� seconded, to approve the LICENSES following ]_icenses: Psotion, Ayes (5) - Nays (0) . AAA Scavenger Company - Sewa�e Pumpout Hayes Exc�vating - Sewage Disposal Installation Eutler n;oved, Massengale seconded, that the Al1 BILLS Funds Acccunts 667'? through 6722, 10844 through 10846, 2470 througn 2508, 19762 through 19765 and Liq�or Store Accounts 12594 through 12.516 , be paid. Motion, �yes (5) - Nays (0) . Mayor �1an Nest mo�-ed, Pesek seconde3, to appoint APPOINTMENT C�uncilmember Ma:�sengale t.c review and define roles of the Plann�_ng Comir�ission and the City Council. Motion, Ayes (5) - Nays (0) . Butler mov�d; Mayor Van Nest seconded, that the ADJ�UR2dMENT meeting be adjourne3 at .1� .00 P.M. P4otion, A.yes (5) - Nays (0) . /,�, �� '�, � i 'C-�%l William B. Van Nest, ria �or / r'��t�:'t � � i �, � ,��_; �9alter . enson, Clerk-A -ninistrator