HomeMy WebLinkAbout02-11-1981 Council Minutes -� .
CITY OF ORONO
Regular Meeting of the Orono Council, 7 :00 P.M.
February 11, 1981
The Orono Council met on the above date with the
following members present: Councilmembers Butler ,
Hannah, Hurr, and Paurus. Mayor Van Nest arrived
at 7 : 10 P.M. Also present: City Administrator
Benson, City Attorney Malkerson, City Engineer
Cook, Zoning Administrator Mabusth, City Planner
Olson, Planning Commission member Jabbour.
Butler moved, Hurr seconded, to remove items CONSENT AGENDA*
#4 and #20 from the consent agenda*. Motion,
Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, to approve the
Consent Agenda*, subject to removing items #4 .
and #20 , with all staff reports concerning
iter:ls reviewed at this meeting to be attached to
the original copy of these minutes on file in the
City Clerk ' s office . Motion, Ayes (4 ) - Nays (0) .
Councilmember Butler reviewed the comments made at SPORTS ARENA
the last Council meeting stating that it was decided
since the public turned down an ice arena at the
polls, it would be in our best interest to support
that decision.
Mayor Van Nest commented that the City should consider
approving some funding for the Lake Area Sports
Center since we have been supportive of recreation
programs for our youth and students.
Dick Benson, City Administrator, introduced Mary PARK COMMISSION
Stinson to the City Council commenting that Mary had
attended the Februrary 3� 1981 Park Commission meeting
and is being recommended to fill the current vacancy
created when Deborah Massengale moved her place of
residence .
The City Council thanked her for her interest in
serving on the Park Commission and requested the
City Administrator to inform the Park Commission
Chairman of Mary Stinson ' s appointment to the
Commission.
Butler moved, Hurr seconded, to approve the APPOINTMENT*
appointment of Mary Stinson to fill the vacancy Mary Stinson
on the Park Commission. Motion, Ayes (4) -
Nays (0) . .
REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 11, 1981 Page 2
Butler moved, Hannah seconded, not to accept the TAX FORFEIT LAND*
tax forfeit land and to allow the public sale of
it by Hennepin County. Motion, Ayes (4) - Nays (0) .
Dick Benson, City Administrator, informed the City BIKE SAFETY PROGRAM*
Council that the grant for the Bike Safety Program
was approved.
Councilman Paurus reported on activities currently LMCD REPORT
being reviewed by the Lake Minnetonka Conservation
District.
No comments from the Planning Commission. PLANNING COMMISSION
The City Council reviewed a letter from the COMPREHENSIVE PLAN
Minnesota Department of Transportation to MN/DOT LETTER
Charles Weaver, concerning the Comprehensive
Plan for the City of Orono, dated January 21,
1981.
Alan Olson, City Planner, reviewed the February 9 , COMPREHENSIVE PLAN
1981 letter received from Mr . William Fenholt, William Fenholt Lette�
Orono School District Assistant to the Superintendent,
concerning Orono 's Comprehensive Plan. The City
Council requested the City Administrator to reply to
Mr. Fenholt and enter that information on the next '
City Council agenda.
Mayor Van Nest moved, Butler seconded, to approve Area #4 & #5
Area #4 & #5 to be included in the urban area and
within the MUSA and MSSR line and to approve the
City Administrator ' s report dated February 6 , 1981.
Motion, Ayes (5) - Nays (0) .
Alan Olson, City Planner, reviewed with the City SUBDIVISION
Council the request for a preliminary subdivision 2605 W. Lafayette Rd.
of Bruce Hepp, 2605 West Lafayette Road. Mr . Hepp ' s #545
attorney, Franz Jevne , was present. Bruce Hepp
Alan Olson informed the City Council that staff, in
researching documented facts and previous Council
action, have not completed a final resolution draft,
as requested, since it appears that in our review,
that variances would be required. Since they have
not been applied for and since recent Council action
has noted variances would not be allowed, staff would
like further direction on this matter .
Mayor Van Nest: You do not have a resolution for
final action?
Alan Olson: Not at this time until it is clear if
the applicant is applying for variances. (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 11, 1981 Page 3
Mayor Van Nest: The City ' s concerns are the creation SUBDIVISION
af a lot for a structure that has only 39$ or less 2605 W. Lafayette Rd.
of the standard building envelope depending on the (Continued)
width �f easements and the setbacks . The total amount
of land left for a structure is not sufficient.
Standards tar str�ets are not being met. This type of
configuration is too restrictive. How can a City approve
a privat� easement which cuts directly through the
middle of a lot? If this is one of th� City' s standards,
then we are not consistent and we had better review our
performanc� standards again for buildable lots.
Mayor Van Nest read letters from Russell Baumgardner,
E. S. Dygert, and William Nicholls. Letters attached.
Councilmember Hurr : We were very clear in denying
any riparian rights for the rear lot. Mr. Jevne is ,
the applicant in the pracess of negotiating a sale of
the land with riparian rights available to the lake.
Mr. Jevne : Not to my knowledge .
Mayor Van Nest: The City has, at previous meetings,
stated this land would not be riparian to the lake .
This application must meet the intent of the building
code . If variances a.re required, where is the hardship
documentation? This application does not meet standards
for public streets and easements. Section 30 . 040 defines
a private street or road. Variance approval has to be .
met to satisfy our code . Noteably . from Section 39. 140 .
The City ' s cancerns are streets and setbacks. Allowing
a street to cut through the middle of a lot is not a
proper subdivision.
Mr . Jeven, Attorney: There is adequate lot size and
building site . This request is a reasonable one and
has been approved by your Planning Commission and City
staff. My impression was, there was to be a resolution
ready for Council approval tonight. I thought at the
last Council meeting, the Council decision and direction
was clear.
Mayor Van Nes�t: Mr. Jevne, there are variances needed
because setback requirements are not being met.
Tom Lowe , 2630 West Lafayette Road: If some of the
previous subdivisions created years ago were before
you now, you would turn them down. Past policies or
standards should not bind the present Council.
Councilmember Hurr : Has the applicant attempted to
reach an agreement with a potential buyer creating
riparian rights to the lake?
Mr. Jevne : No. Merrill Lynch has initiated a
purchase agreement for lots in their subdividable
state .
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 11 , 1981 Page 4
Mayor Van Nest read into the record Section 32 . 340 SUBDIVISION
of the Orono Zoning Code . 2605 W. Lafayette Rd.
(Continued)
Mayor Van Nest moved, Hurr seconded, to direct
staff to prepare a resolution to deny the application
for Bruce Hepp ' s subdivision, 2605 West Lafayette
Road, since the applicant does not conform to
performance stanclards of Sections 39 . 140 , 39 .010 ,
30 .040 , 39 . 100 , 31. 220 , 32 . 340 , 31. 700 , 31.800 ,
34 .452, and 31 . 204 of the City of Orono Building
Code . Requested resolution to b� on the February 23 ,
1981 Council agenda. Motion, Ayes (4) - Nays (1) .
Councilmember Hannan Nay.
� Page 5
� ' ,«�..w�:�
' isu� e�e�s��
RUSSELL H. BAUMGARDNER
ATTORNEV AT LAW
NQqTHWfi9T FINANCIAL CENTER, HUIT6 1pe4
7C00 XQRXE6 AVENUE 60UTM
BLOOMINCiTON, MINNESOTA 55431
February 6, 1981
.ia�>-or �•7illia� B. Van Nest
3295 Caraen Road
Excelsior, Minnesota 55331
I� R�: Bruce Hepp Proposed Subdivision
Dear Brad:
I understand the above natter will again be considered by the Village
Counc�l on Wednesday, February 11. I have appeared at four or five
hearings previously on this �atter to e.Ypress ny opposition.
Unfortszately, I iiave a conflict next Wednesday and will not be able
to attend. Therefore, I want to take this tneans to express ny
opposition to you and the meabers of the Village Council.
I have sat through several presentations where :ir. Hepp attenpted to
preser.t a reasonable division of his lot. With the existing easement
on his property together with the position of the road from the public
street to his present house, there is no way he can erect the house
without additional concession from the Village Council.
It appears that very tortuous reasoning is necessary to consider the
lagoon part of the lake for one purpose and not part of the lake for
another purpose. Mr. Hepp' s plans call for an easement over his
existing property to give him access to the lake. Granting this
concession would establish a dangerous precedent.
In event this sut�division is authorized it will be necessary for
*ir. Hepp to request variances from existing ordinances because one
resulting lot will not front on a public street and there will be a
traffic burden at the cul de sac serving his property and �four or
five others.
It is my understanding the purpose of public riearing� on ma[ters
wh.•rr the Council is ca11E�d upon to �•xercise a discretiun is to
ascrrtain the d�sir�s of the nrighbor affc•c[ed. ilf thE• tcn neighburs
. . Page 6
Mayor William B. Van Nes[
February 6, 1981
Page Two
directly involved none are in favor and I believe all are opposed.
In addition other owners on Lafayette Bay also oppose the idea of
additional docks on the bay to service a landlocked lot.
I sincerely hope you and the Council members will give consideration
to the concarn of all the neighbors directly and indirectly affected.
Respec ly y ur ,
%
Russell H. Bau gar er
cc: Gregg Hannah
Nornian Paurus
Mary C. Butler �
Jo Ellen Hurr
� Page 7
� E. S. DYG ERT COM PANY
AGENTS �lND DISTRIBUTORS
a280 WEST 73T►+ STREET
MINN�APOL13, MINNESOTA 6d43a
TELEPHONE: 836-1700
TELEX 29-0274
February 9 , 1981
nlr. tVilliam B. Van Nest
3295 Carmen Road
Excelsior, ?�linnesota 55331
Dear Brad ,
I understand that on February 11 , you will hold the final
hearing and vote on the proposed subdivision of the Bruce
Hepp property.
I do object to this proposal basically on the increase in
density that this will create. At present we have a some-
cahat "woodsy" area with essential privacy for residents of
the area. None of us face directly another h�me. If Mr Hepp
were to build on the proposed site, it would be right in the
middle and would affect the views of at least six homes.
It is my hope that the council will reject this subdivision. .
Sincerely,
E. S . Dygert
2600 West Lafayette Road
Excelsior , Minnesota 55331
cc : Council Members
�
Page 8
Mr. Wm, H. Nicholls
�700 Shadywood Road
Excelsior, �'�V 55331
February 1C, 1951
'�Sayor �a. �, �-an Nest
�ity of Orono
P.O. Box 66
Crystal �ay, ;•W 5�323
Re : f-ieop proposal - Lti�est Lafayett� Road �
Dear r�layor ��an '�:est :
Seventeen years aao we decided to move to Crono and one of the
prime reasons was because of tne cor.servati�°e use of land wrich, in
turn, has served to prevent density probl�ms , ihe foregOing is and
has been a basic �enent of p��esent and past pl�.^.ning and has , over
t;:e years , rece�ved sappor� fY�m� a majority of the residents .
Tnerefore, T c�o r.ot feel tha: the counci� si-�euld grant variances
u;ren considering necti� di��isions . 6�Je should not be spendir.g our. time
atter�ptir.g to r"ind reasons to justif;� con�essic*:s w'r:icr by precedent
c-,�L in t'r.e iuture atfect other parceis ef lanc .
I urge you and me�ers of tre council to deny tris division.
Sincerely,
. I � _ . - � �
S,IT�, H, i�icholls
��1�:;i :1 z
R�GULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 11 , 1981 Page 9
Butler moved, Mayor Van Nest seconded, to adopt RESOLUTION #1246
Resolution #1246 , A Resolution Denying Variances 2697 Casco Point Road
Requested By Richard Lorge For Property Located At Richard Lorge
2697 Casco Point Road. Motion, Ayes (5) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to reconsider RECONSIDER MOTION
the motion made at the December 17, 1980 Council 659 Minnetonka Highlands
meeting for the Speeter and Henninger properties at #586
659 Minnetonka Highlands Lane . Motion, Ayes (5) - Speeter/Henninger
Nays (0) .
Mayor Van Nest moved, Butler seconded, that the motion
made at the December 17, 1980 Council meeting be
amended to read that no easement is necessary between
Messrs. Speeter and Henninger properties at 659 Minne-
tonka Highlands Lane. Motion, Ayes (5) - Nays (0 ) .
Jean Mabusth, Zoning Administrator, reviewed her CONDITIONAL USE PERMIT &
memo dated February 2, 1981 with the City Council VARIANCES
concerning the variance and conditional use permit 2480 Casco Point Road
request of Cortlen Cloutier, 2480 Casco Point Road. #555
Cortlen Cloutier
r1r. Cloutier was present and reviewed with the City
Council his recollection of the past history of
construction of the existing boat house.
Mayor Van Nest reviewed with Mr . Cloutier affidavits
from the previous building inspector and Mr . & Mrs.
Wilbur Andersen and also comments from the neighbor- �
hood citizens.
Mayor Van Nest commented that it is clear that the
original building permit was not intended to allow
a second story structure and that the boat house had
been a non-conforming use before January 1, 1975 .
Councilmember Butler read Zoning Code 32 . 340 , 34 . 027,
and 34 . 202 relative to conditional use permits for
a guest house and variances for new work within the
75 ' lakeshore setback.
Butler moved, Hurr seconded, to direct staff to draft
a resolution for the February 23 , 1981 Council meeting
denying a conditional use permit and variances and to
require removal of the second story, the remaining
structure to be capped with a deck, subject to all
building permits being obtained for Cortlen Cloutier.
2480 Casco Point Road. Motion, Ayes (5) - Nays (0 ) .
Jean Mabusth, Zoning Administrator, reviewed with the CONDITIONAL USE PERMIT
City Council and the applicant, Mr. Fred Harvey ' s 3580 Wayzata Boulevard
proposal and specifically, the memo dated February 11 , #579
1981 to Mr . W. R. Benson, which states : Fred Harvey
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 11 , 1981 Page 10
"Mr . Moen stated the permit review was based only CONDITIONAL USE PERMIT
on a single family residential use . A temporary 3580 Wayzata Boulevard
roadside stand would have required a different (Continued)
review based on commercial standards. In "that
area" a right turn lane and a by-pass on south lane
would have most certainly been required. The
access width required would have been at least
24 ' to 28 ' .
The primary review would have also checked the
local zoning to see if there were a conflict.
Mr . bZoen asks that Mr. Harvey reapply for an
access driveway permit if Council approves the
commercial use . "
Mayor Van Nest : It appears that there is not '
supportive data to justify a roadside stand or
to meet requirements for accessory uses.
Mr . Fred Harvey, Mr. Robert Harvey, and Mr. &
Mrs. Lurton were present to discuss their application.
Mayor Van Nest moved, Hurr seconded, to conceptually
approve resolution to be drafted by the City staff
for the February 23 , 1981 Council meeting approving
a conditional use permit for the planting of crops,
as set forth in Sections 32 . 410 , 34 . 032 , 30 .020 , and
32 . 340 of the City of Orono zoning code and denial of •
retail sales of crops, since the City Council has found
the encouragement of commercial uses would be detrimental
to the safety, health, and welfare of the general public
and is not consistent with the City ' s Comprehensive Plan.
Motion, A��es (5) - Nays (0) .
Jean Mabusth, Building & Zoning Administrator , CONDITIONAL USE PERMIT
reviewed with the City Council her memo regarding 3445 Bayside Road
the preliminary subdivision request of James McCleary, #589
3445 Bayside Road, dated February 6 , 1981 which is James McCleary
on file in the City Clerk ' s office .
Mr . ,7ames McCleary was present to discuss his application.
Mayor Van Nest moved, Hannah seconded, to grant preliminary
approval of the subdivision request of James McCleary,
3445 Bayside Road, subject to:
1. Waive park dedication fees
2 , Favorable on-site testing analysis prior to final
plat approval
3 . Drive entrance , location, and other conditions as per
March 28 , 1980 agreement.
Motion, Ayes (5) - Nays (0) .
' REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 11, 1981 Page 11
Butler moved, Paurus seconded, to approve a four- VARIANCE
foot side yard variance for Mark Salden, 1855 Shady- 1855 Shadywood Road
wood Road, per the Planning Commission recommendations #593
of January 19 , 1981. Motion, Ayes (5) - Nays (0) . Mark Salden
Butler moved, Hurr seconded, to approve the reguest CONDITIONAL USE PERMIT
of the Wayzata Country Club, 200 Wayzata Boulevard, 200 Wayzata Boulevard
for a conditional use permit to allow the expansion #602
of a pond and use of additional fill creating a three Wayzata Country Club*
foot high bank to be graded to existing contours
based on the following findings:
l . Does not affect drainage of neighboring property
owners
2 . Will increase retention area in a low collection
drainage area •
3. Al1 disturbed area to be protected by erosion
control devices and City right of way to be
cleared as soon as possible
4 . Pond' s banks should be graded to 3 : 1 slope
Motion, Ayes (4) - Nays (0) .
Butler m�ved, Hurr seconded, to approve a public PUBLIC HEARING DATE*
hearing for Industrial Revenue Bonds for Nelson/ 3701 Shoreline Drive
Crear , 3701 Shoreli�e Drive, to be held March 9 , #583
1981 at 9 :00 P.M. Motion, Ayes (4) - Nays (0 ) . Nelson/Crear
Glenn Cook, City Engineer, presented the City SANITARY SEWER SYSTEM
Council with letters dated January 13 , 1981 and 3701 Shoreline Drive
February 5, 1981 concerning the sanitary sewer #583
system for an office building at 3701 Shoreline Nelson/Crear
Drive for Nelson/Crear.
Glenn Cook, City Engineer, presented the City EASEMENTS
Council with a letter dated February 11, 1981 #12 & Old Crystal Bay
concerning the easements for the traffic signal Traffic Signal
at Highway 12 and Old Crystal Bay Road.
Glenn Cook, City Engineer , reviewed with the EASEMENTS
City Council the status for the easements for 1980-LS-1 & LS-2
Project 1980-LS-1 & 1980-LS-2 prepared by Nancy
Husnik, Legal Assistant, dated February 9 , 1981 .
REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 11, 1981 Page 12
Mayor Van Nest reviewed the Advisory Committee ADVISORY COMMITTEE
meeting held February 5, 1981. Mayor Van Nest Watershed
commented that the committee formulated their
objectives and goals for the Upper Watershed
Improvement Project.
The next committee meeting will be held on March 5,
1981 at 7 :30 P.M. at the Orono City Council
Chambers.
The City Council reviewed the Cable Service WAYZATA CABLE TV
Territory proposal far the City of Wayzata
by the Metropolitan Council dated January 22 ,
1981.
The next meeting for the Cable TV Committee CABLE TV MEETING
will be held February 12 , 1981 at 7 : 30 p.M.
at the Orono Council Chambers.
Dick Benson, City Administrator, reported on ORONO/LONG LAKE WATER
the status of the Orono/Long Lake water
matter stating that the City of Long Lake has
officially extended the water termination date
until July l, 1982 .
I believe , as of this date, February 6 , 1981, '
that the City of Long Lake, City of Orono,
and the City of Medina will participate in a
needs assessment of their areas and the City of
Long Lake will construct a well and tower on Long
Lake property on Highway #12 adjacent to Robbs
Motel to serve all of us and meet our needs that
are now evident.
It is obvious from all of the engineering reports
that have been produced, that pressure,not quantity,
is the problem, and one well and tower will resolve
everyone ' s problem.
If the water matter is handled right, we will all
agree to purchasing water at a given rate allowing
increases dictated by inflation, as it relates to
operatinq costs, and not have a termination clause,
but a committee of three representing each city,
to evaluate and resolve problems as they arise .
Also, we will require all private wells to be
metered to end once and for all questions on
additional sewer flows from outside areas. We
will continue to follow through on this matter .
(Continued)
� REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 11, 1981 Page 13
The following letter was received from Mayor ORONO/LONG LAKE WATER
Diane Gallagher , Long Lake , dated February 5, (Continued)
1981, which states:
"I am sure you will be pleased to learn that on
February 3 , 1981, the Long Lake City Council
unanimously adopted the following resolution:
The agreement to supply water services to those
residents of Orono presently being served will
be extended to July 18 , 1982 , with the condition
that discussions among all concerned be continued
to reach a mutually satisfactory solution.
We have asked Todd Heglund to continue serving as
a liaison from the Long Lake Council. He will be
meeting with all parties and keep the Council .
updated on the progress.
I feel hopeful that we are finally on the right
track toward solvinq this problem. "
End of letter
Mayor Van Nest moved, Butler seconded, to approve
a response from the City Administrator to the City
of Long Lake agreeing to proceed with a water service
agreement with Long Lake , subject to Long Lake ' s
continued participation in both current water agree- •
ment and Medina sewer agreement conclusion. Motion,
Ayes (5) - Nays (0 ) .
Butler moved, Hurr seconded, that the next Sewer SEWER SERVICE*
Service Advisory Board meeting will be held ADVISORY MEETING DATE
February 23 , 1981 at 7 : 30 P.M. Motion, Ayes (4) -
Nays (0) .
Butler moved, Hurr seconded, that the public hearing PUBLIC HEARING DATE*
concerning the Sandy Beach petition will be held Sandy Beach
February 23 , 1981 at 7 :00 P.M. Motion, Ayes (4 ) -
Nays (0) .
Butler moved, Hurr seconded, to approve the Plans BIDS & SPECIFICATIONS*
and Specifications for a backhoe for the Public Backhoe
Works Department with sealed bids to be opened
March 13 , 1981 at 10 :00 A. M. Motion, Ayes (4 ) -
Nays (0) .
Butler moved, Hurr seconded, to approve the Monthly RECEIPTS, DISBURSEMENT
Summary of Receipts, Disbursements & Balances for ,7une-October , 1980*
June through October , 1980 . Motion, Ayes (4) -
Nays (0 ) .
' REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 11, 1981 Page 14
Butler moved, Hurr seconded, to approve an ON SALE BEER LICENSE*
on sale 3 . 2 beer license for the Orono Golf Orono Golf Course
Course . Motion, Ayes (4) - Nays (0) .
The City Council received from the Metropolitan LAWCON/LCMR Grant
Parks and Open Space Commission information Criteria
regarding a public meeting on Fiscal Year 1982
LAWCON/LCMR Grant Review Criteria.
The City Council reviewed a letter from Mr . George 201 FACILITIES PLAN
Lusher, Chief Administrator , Metropolitan Waste Maple Plain
Control Commission, concerning the 201 Facilities
Plan, Recommendation for Maple Plain Treatment
Plant, dated January 20 , 1981 .
Mayor Van Nest moved, Paurus seconded, to approve PUBLIC HEARING DATE
a public hearing regarding the Willow Drive Willow Drive
petition to be held March 9, 1981 at 7 :00 P.M.
Motion, Ayes (5) - Nays (0) .
The Park Fund Resolution item was tabled until PARK FUND RESOLUTION
the next regular Council meeting.
Butler moved, Hurr seconded, to approve the LICENSES*
following licenses :
Cigarette Licenses
B & H Service - Betty Buehl
Lakeview Golf of Minnetonka, Inc. - Grant Wenkstern
Martin' s Phillips 66 Services - Midwest Vending
Orono Shopping Center - Bill Wear
Saga Hill Grocery - Carol Edwardson
Coppin Plumbing - Plumber
K & K Heating & Plumbing, Inc . - Plumber
Zachman Plumbing - Plumber
Motion, Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, that the Al1 Funds BILLS*
Accounts and the Liquor Store Accoun�s, be paid.
Motion, Ayes (4) - Nays (0) .
Mayor Van Nest moved, Hurr seconded, that the ADJOURNMENT
meeting be adjourned at 11 : 30 P.M. Motion, '
Ayes (4) - Nays (0) .
�
�'J � ct
• � Willia . Van Nest, Mayor
Attest . ;
Walter R. nson, City Administrator