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Home My WebLink About06-22-1981 Council Minutes .... t , • CITY OF ORONO Regular Meeting of the Orono Council , 7 :00 P.M. June 22 , 1981 The Orono Council met on the above date with the following members present : Mayor Van Nest, Councilmembers Butler and Hannah. Councilmember Paurus arrived at 7 : 35 P.M. Absent: Council- member Hurr. Also present: Zoning Administrator Mabusth, City Attorney Malkerson, City Engineer Cook, Public Works Coordinator Gerhardson, City Planner Olson, Planning Commission members Gotten, McDonald, and Rovegno, and City Clerk Strom. Absent: City Administrator Benson. Butler moved, Mayor Van Nest seconded, to approve CONSENT AGENDA* the Consent Agenda* with all staff reports concerning items reviewed at this meet.ing to be attached to the original copy of these minutes on file in the City Clerk ' s office. Motion, Ayes (3) - Nays (0) . Butler moved, Hannah seconded, to approve the MINUTES Minutes of the Regular Meeting o€ May 27, 1981 . May 27, 1981 Motion, Ayes (3) - Nays (0 ) . Butler moved, Hannah seconded, to approve the MINUTES Minutes of the Board of Review Meeting of Board of Review June 11, 1981. Motion, Ayes (3) - Nays (0 ) . No comments from the Park Commission. PARK COMMISSION No comments from the Lake Minnetonka Conservation LMCD REPORT District representative. No comments from the Planning Commission. PLANNING COMMISSION Paurus moved, Butler seconded, to approve the COMPREHENSIVE PLAN letter to Charles Weaver concerning Orono ' s Charles weaver Letter Comprehensive Plan dated June 17, 1981. Motion, Ayes (4) - Nays (0 ) . Paurus moved, Butler seconded, to approve the COMPREHENSIVE PLAN letter to M. Constance Kozlak concerning Orono ' s Connie Kozlak Letter Comprehensive Plan dated June 17, 1981. Motion, Ayes (4) - Nays (0 ) . REGULAR MEETING OF THE ORONO COUNCIL, JUNE 22 , 1981 Page 2 Alan Olson, City Planner , informed the City CMP REVIEW Council that the Physical Development Committee June 25, 1981 review will be June 25, 1981 . Butler moved, Mayor Van Nest seconded, to approve MIDWEST WETLANDS the report of Alan Olson, City Planner, on the CONFERENCE* Midwest Wetlands Conference of June 17-19 , 1981. Motion, Ayes (3 ) - Nays (0 ) . No comments from the public present. PUBLIC COMMENTS Fred Herfurth was present to represent Bruce SUBDIVISION Dayton concerning a final subdivision for 550 Long Lake Road Wakefield Farms Second Addition. #594 Butler moved, Hannah seconded, to adopt RESOLUTION #1284 Resolution #1284 , A Resolution Approving The Wakefield Farms Plat Of Wakefield Farms Second Additian, subject Bruce Dayton to no other variances being allowed. Motion, Ayes (3) - Nays (0) . Mr. Robert G. Bredeson was present to discuss VARIANCE his variance request for 1410 Rest Point Road. 1410 Rest Point Road Mayor Van Nest moved, Hannah seconded, to adopt RESOLUTION #1285 Resolution #1285, A Resolution Approving A Variance 1410 Rest Point Road Of Robert G. Bredeson For A Lot Width, Lot Area, #607 Lakeshore Setback And Hardcover Variances For Robert Bredeson Property Located At 1410 Rest Point Road. Motion, Aye s (3) - Nays (0) . Jeanne Mabusth, Zoning Administrator , reviewed VARIANCE with the City Council the request for a variance 3175 Jamestown Road of James McGowan, 3175 Jamestown Road. #617 James McGowan Mrs . McGowan was present. Butler moved, Hannah seconded, to approve the variance request of James McGowan, 3175 James- town Road. Motion, Ayes (3) - Nays (0 ) . Jeanne Mabusth, Zoning Administrator, reviewed CONDITIONAL USE PERMIT with the City Council the request for a conditional 650 North Arm Drive use permit of C. Rex Welsh, 650 North Arm Drive. #618 Rex Welsh Hannah moved, Butler seconded, to table the request of C. Rex Welsh, 650 North Arm Drive , for a conditional use permit, until the Planning Commission reviews this application again and presents further information for Council action. Motion, Ayes (3 ) - Nays (0 ) . REGULAR MEETING OF THE ORONO COUNCIL, JUNE 22 , 1981 Page 3 Jeznne Mabusth, Zoning Administrator, reviewed CONDITIONAL USE PERMIT with the City Council the request for a conditional 2160 Wayzata Boulevard use permit of «illiam Wear for a restaurant at #619 2160 Wayzata Boulevard. William Wear Mayor Van Nest moved, Butler seconded, to conceptually approve the conditional use permit for William Wear for a restaurant at 2160 Wayzata Boulevard and request staff to draft a resolution containing all terms, conditions, hours, and other pertinent information for approval at the next Council meeting. Motion, Ayes (4 ) - Nays {0 ) . The conditional use permit request of Mark Morris, CONDITIONAL USE PERMIT 2610 Mapleridge Lane , was tabled until the next 2610 Mapleridge Lane Council meeting. Mark Morris Jeanne Mabusth, Zoning Administrator, reviewed VARIANCE with the City Council the request for a variance 3560 Bayside Road of Charles Balgaard, 3560 Bayside Road. #621 Charles Balgaard Mr. Balgaard and Mr. & Mrs. Brown, owners of the property, were present. Mayor Van Nest moved, Butler seconded, to conceptually approve a variance for Charle� Balgaard, 3560 Bayside Road, and request staff to draft a resolution conditioned on no additional improvements or additions to property based on lot size , width, hardcover, as majority of lot is within 75 ' setback area and flood plain; limit indoor plumbing to sink, toilet, shower or bathtub, and kitchen sink; remove outhouse and fill hole; toilet must be an a��roved composting type approved by Mike Gaffron; and new owner and sellers sign-off on the resolution to be presented at the next Council meeting. Motion, Ayes (3) - Nays (0) . Jeanne Mabusth, Zoning Administrator , reviewed with ROAD REALIGNMENT the City Council the request of H. R. Johnston, 935 H. R. Johnston Willow Drive South, to realign his plat road. #582 Mr . Johnston was not present. Mayor Van Nest moved, Butler seconded, to approve the request of H. R. 3ohnston, 935 Willow Drive South, to realign the road on his new plat; to accept the name of French Lake Road, provided Willow Drive is closed and is renamed; modify the requirement of the cut-off .road provided that it is not a through access until new house is built there ; access at one point only and that future owner determine location of access. Motion, Ayes (4) - Nays (0 ) . REGULAR MEETING OF THE ORONO COUNCIL, JUNE 22 , 1981 Page 4 Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1286 Resolution #1286 , A Resolution Directing Staff To North Star Marina Issue A Commercial Dock License To North Star 1981 License Marina, Inc. Subject To Conditions Noted Herein For The Period Of January 1 , 1981 To December 31, 1981 , subject to modification pertaining to the 100 ' setback, and owners of North Star Marina sign-off on the resolution. Motion, Ayes (4 ) - Nays (0) . Butler moved, Hannah seconded, to adopt Resolution RESOLUTION #1297 #1287, A Resolution Directing Staff To Issue A Sailor ' s World Commercial Dock License To Sailor ' s World At Paul ' s 1981 License Landing Subject To Conditions Noted Herein For The Period Of January l, 1981 To December 31 , 1981, subject to owners of Sailor ' s World sign-off on the resolution. Motion, Ayes (4) - Nays (0 ) . Mrs. Mary Koltes, 2300 Bayview Place, was present PETITION - RESIDENTIAL concerning a petition received by the City Council KENNEL LICENSE regarding her residential kennel license which states : 2300 Bayview Place "We, the undersigned residents of the Navarre area wish to have the application for a kennel license denied to Mary Koltes. She lives at 2300 Bayview Place, Wayzata, MN. 55391. The dogs she keeps disturb the peace continually. When they are loose , they attack our pets, who are in their own yards. " Shirley Pavlak, 2275 Bayview Place , wrote : "After numerous complaints to the police department, which means at least once a week, about ba�king (dogs) six at least, which your police officers can count ! These dogs are a real public problem, in fact, the household is getting as s.evere with music turned up full blast on week nights till 11 :00-12 : 00 P.M. at night. I really don 't think as a taxpayer this should be allowed to happen. " Mr. & Mrs. Larry Nelson, 2350 Bayview Place , wrote : "One of her afgans which was left out late at night, attack our dog who is on a chain. He also bit my daughter. " Petition was signed by eleven residents. Mrs. Koltes presented the City Council with photographs and stated that she has had a residential kennel license for two years for her three dogs--two afgans and one poodle, and that she also has a friend's dog and a puppy that belongs to a man that is working on her basement. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, JUNE 22 , 1981 Page 5 Mr. & Mrs. Gene Block, 2305 Bayview Place , were also PETITION - Kennel present. Mr. Block stated that there have been as 2300 Bayview Place many as six dogs there , that they have bitten people (Continued) in the neighborhood, and bark a lot. Mayor Van Nest stated that the Building Official approved a license for three dogs that were to be kept on the owners property under restraint. The Mayor also informed Mrs. Koltes that she is in violation by not having renewed her kennel license and by having more than three dogs on her premises, that the two extra dogs are to be removed. He also stated that she is to apply for a renewal for her kennel license before the next Council meeting. Mayor Van Nest moved, Hannah seconded, to table the petition for denial of a kennel license for Mary Koltes, 23Q0 Bayview Place , for two weeks to provide the Council an opportunity to look at the situation and talk to some of the people in the area, with the stipulation that Mrs. Koltes is on notice that she is in violation of her kennel license that has expired, and that there are four dogs in violation of the ordinance. Motion, Ayes (4) - Nays (0 ) . Glenn Cook, City Engineer, reported on the progress 1980-LS-1 & LS-2 of the sanitary sewer project 1980-LS-1 & LS-2 . Butler moved, Mayor van Nest seconded, to adopt RESOLUTION #1288 Resolution #1288 , A Resolution Ordering pre�aration Highwood Area/North Of Plans And Specifications For North Shore Drive/ Shore Drive Sewer Highwood Area Sanitary Sewer Project. Motion, Ayes (4) - Nays (0 ) . Glenn Cook, City Engineer, reviewed with the City TRAFFIC SIGNAL Council his letter concerning the traffic signal #12 & Old Crystal Bay Rd at Highway #12 and the Old Crystal Bay Road, dated June 18 , 1981 which states : "The bids on the Traffic Signal Project at TH 12 and Old Crystal Bay Road were received in May with the low bidder being Shafer Construction Company in the amount of $343 , 243 . The project is scheduled to begin on July 13 , 1981 with completion within 70 working days or approximately November 15, 1981" . End of letter REGULAR MEETING OF THE ORONO COUNCIL, JUNE 22 , 1981 Page 6 Councilmember Butler discusse� the Cable Television CABLE TV REPORT Franchising with the City Council. A letter was Franchising presented to the City Council from David A. Jones, Popham, Haik, Schnobrich, Kaufman & Doty, regarding television franchising dated May 21, 1981 . The Cable 'I'� resolution designating persons for a CABLE TV RESOLUTION committee to develop and coordinate the franchise process was tabled until the next Council meeting. The Cable TV Committee by-laws approval was tabled CABLE TV BY-LAWS until the next Council meeting. The next Cable TV Committee meeting will be held CABLE TV NEXT MEETING June 25, 1981 - 7 : 30 P.M. at the Orono Council June 25, 1981 Chambers. The City Council was presented with a resolution LONG LAKE CABLE TV from Long Lake adopted June 16 , 1981 entitled RESOLUTION "Designating Persons to serve on a committee to develop and coordinate the franchise process of a cable communications system to be jointly developed by city in conjunction with other governmental units and the procedures to be followed by the committee. " The Casco Circle skating rink was discussed and CASCO CIRCLE SKATING it was decided to hold a public information meeting RINK and to inform all interested residents of the time and place. Mayor Van Nest moved, Hannah seconded, to hold a public information meeting concerning the Casco Circle skating rin� on July 13 , 1981 at 7 :00 P.M. Motion, Ayes (4) - Nays (0 ) . RESOLUTION #1297 Two representatives were present from the Department DNR PARKING LOT of Natural Resources to discuss the parking lot at McCulley and the Luce Line Trail . Discussion included Resolution #1242 , a resolution approving a subdivision of land owned by the city of orono for sale to the Minnesota Department of Natural Resources that specified certain restrictions for the use of the land as a parking lot. John Gerhardson, Public Works Coordinator, stated that the DNR informed him that the DNR is uncomfortable with the restrictions and that they do not feel that they should pay Orono ' s asking price for the land. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, JtiNE 22 , 1981 Page 7 Mayor. Van Nest stated that the property was sold DNR PARKING LOT to the DNR for purposes of a parking lot for serving (Continued) the Luce Line Trail users and that there are to be no permanent structures except a latrine approved by Orono ' s Septic Inspector, and a loading ramp for on/off maintenance equipment and users of the trail. Mayor Van Nest moved, Paurus seconded, to modify the resolution to include that if the DNR should ever sell that property, that it must be offered back to the political subdivision in which the property lies at the time of sale and offered back at the price that it was purchased for by the DNR; that if the political subdivision does not accept or purchase the property for the original purchase price, and the property is sold to private parties, the deed restrictions are lifted, but that any political subdivision that buys the property, other than the po?itical subdivision that the property lies in, is subject to the original restrictions. Motion, Ayes (4 ) - Nays (0 ) . John Gerhardson, Public Works Coordinator , presented WILLOW DRIVE CLOSURE the City Council with a new petition concerning the willow Drive cul de sacs, which states: "We , the undersigned citizens of Orono, oppose the proposed resolution now pending before the Orono Council, which provides for the closure of Willow Drive South. We believe that the closure : 1) Will cause economic hardship for the majority of Orono taxpayers, while benefiting a few. 2) Has not been adequately studied from cost and engineering standpoints. 3 ) Will unduly increase traffic on Brown Road, Fox Street, and in Webber Hills . 4 ) It is fiscally irresponsible , i.e . , to consider construction projects in view of anticipated cuts in Federal , State and County funding. We request that Willow Drive South remain open for the use and convenience of all citizens. " The petition has approximately 150 signatures. Mayor Van Nest moved, Hannah seconded, to table the Willow Drive closure and installation of cul de sacs resolution until the next Council meeting to provide time for the Council to talk to persons that signed the petition and time for staff to respond to the petit.ion. Motion, Ayes (4) - Nays (0 ) . REGULAR MEETING OF THE ORONO COUNCIL, JUNE 22 , 1981 Page 8 Mayor Van Nest moved, Butler seconded, that a FOREST ARMS LAKE public hearing be held on August 10 , 1981 at ACCESS 7 :00 P .M. concerning the Forest Arms lake access. Motion, Ayes (4 ) - Nays (0) . Hannah moved, Paurus seconded, to approve the WEED INSPECTOR Weed Inspector Agreement with Mr. Peter Moe for the 1981 weed control program. Motion, Ayes (4) - Nays (0) . Butler moved, Mayor Van Nest seconded, to approve 1980AUDIT REPORT* the 1980 Audit Report. Motion, Ayes (3) - Nays (0) . Butler moved, Mayor Van Nest seconded, to approve BOARD OF REVIEW* the reconvened Board of Review meeting date of Reconvene June 24 , 1981 at 7 : 30 P.M. Motion, Ayes (3) - Nays (0 ) . David Duff, 1420 Shoreline Drive, was present to DAVID DUFF SEWER discuss his request for sewer service in the REQUEST 1980-LS-1 sewer project. David Duff Letter - Pages 9-11 Hannah moved, Mayor Van Nest seconded, to table the request of David Duff, 1420 Shoreline Drive , to be included in the 1980-LS-1 sewer project until the next Council meeting. Motion, Ayes (4 ) - Nays (0) . Butler moved, Mayor Van Nest seconded, to approve LICENSES* the following licenses: Tyra' s Super Valu - Off Sale 3 . 2 Beer Saga Hill Grocery - Off Sale 3. 2 Beer Lakeview Golf of Minnetonka, Inc. - On Sale 3 . 2 Beer Mexican Inn - On Sale 3 . 2 Beer Hoglund Mechanical Contractors, Inc. - Plumber Hopkins Plumbing & Heating Company - Plumber Westonka Sanitation - Garbage Hauler Motion, Ayes (3) - Nays (0 ) . • Page 9 17 June 1981 Mr. Walter R. Benson Orono City Administrator Box 66 , Crystal Bay MN 55323 Dear Dick : I am writing to ask that the property at 1420 Shoreline Drive , Orono, owned by my wife and me be joined to the sewer project now under construction immediately to the south of us . I have discussed this request with your city plar.ner, A1 Olson , and with Mike Gaffron , who came to my house last week to fulfill my request for an appointment to talk about our sewer situation. Both of them assured me that this request is very troublesome for you because of Orono ' s commitments to the Metropolitan Waste Control Commission and, through the city ° s comprehensive plan , to the Metro- politan Council . Therefore , permit me to recount to you the history of my understanding of the city ' s sewer projects and services : Our property is about� 4 acres , only 3 acres of which are described as "bui].dable , " in a part of Orono zoned for 2-acre minimum lot without sewer service (I cannot recall at this writing whether the minimum lot si2e shrinks to 1�2-acre or 1 -acre with the introduction of sanitary sewer service ) . Our house (and drainfield) is on the high point at the southern eiid of the property. Sone time ago -- perhaps two years -- the City of Orono began a series of ineetings and hearings on proposals to install sewer service along Count� Road 15 where the metropolitan sewer line had been installed. One of the sub-projects would have provided service to my neighbor- hood (Tanager Bridge north almost to Orono Lane) but the cost was very high because of the necessity described at the time of running a line all the way to west Ferndale Road to gain access to the metropolitan sewer line . The cost was deemed prohibitive . I attended those meetings and hearings right up to the point when the council made the decision that the sub-project affecting my property would not be ordered. At that time , I stopped attending the hearings -- which . 2 . Page 10 was , as it turned out , a mistake . At some Iater point, the sub-project was changed and it became possible to tap into � the metro sewer somewhere near Windward Marine , thus lowering the cost enough to gain the support of our neighbor , Jim Rivers , who would be most seriously affected through his ownership of Windward Marine and the adjoining houses . So, at some point back some months , the council approved this construction. Meanwhile , you and I happened to meet in Wayzata and I asked you if someone in the city staff could advise me about sewers -- and you suggested Mike Gaffron , who told me later on the phone that he would come to my house (his �,ggestion� after he had completed his exams . Four days before the appointed meeting , I became aware tliat sewer construction had started in front of Windward Marine -- the first I knew that such a project had been approved. . Gaffr�n warned me at our meeting that the City of Orono had assumed that I had no interest in sewer service to our property and had, therefore , drawn the MUSA line to the south of my property, indicating � metropolitan sewer service would not be offered to my property {or others north and west of the line) . Both Gaffron and Olson told me that the process of approval of the MUSA line and the city ' s comprehensive plan including indication of sewer service areas were far advanced -- but not completed. I am very sorry t�hat this request Eo�=1 cause difficulties with your planning efforts , which I know to have been both extensive and time coiisuning . Nevertheless , a simple look at the map or examination of the site would illustrate the ease of extendir.g the aewer service to one more property -- mine . I am therefore requesting that you begin the process of adding sewer service to my property. Ideally , I would like two units -- one for our present house and one for the northern part of the property. Just one service to the present house , combined with the right to divide off the northern lot, would also be a possibility. I was informed that the sewer line under construction is big enough to provide service to two moze homes , at least, and that the line will end in a manhole right at our property line . h. , \ , _ 3 . � b ' • Page 11 Again, I apologize in advance for difficulties that this requcst r�ay make for you and the city staff. The lateness ot_ this request is entirely due to my ignorance of the � current sewer project next to my property. No notice of the changed project was ever received by me . If it had been, I would have appleared at t} e carliest meeting or hearing to voice my approval and to request being included in the project. I would be happy to meet with yo.i, di�cuss this request on tYie tele�hone or do anything else that would facilitate the city ' s gzanting access to sewer service for my prop- erty. Please call me at any time (473-6390 at home , 831 - 1200 at work) if I can provide information that is of use to you. I am forwarding copies of this letter to the Mayor and City Council members so they may be aware of it as soon as possible . I am also sending a copy to Jim Rivers for € I believe that he would be interested -- Z assume that f addition of my property to the project would lower the j cost per unit. � Sincerely , � � _ �_ ' � I �`L" '�� . . �-�� , �/�-. „ \ . David J . Duff 1420 Shoreline Drive , Wayzata MN 55391 REGULAR MEETING OF THE ORONO COUNCIL, JUNE 22, 1981 Page 12 Butler moved, Mayor Van Nest seconded, that the BILLS* All Funds Accounts and Liquor Store Accounts, be paid. Motion, Ayes (3) - Nays (0) . Hannah moved, Butler seconded, that the meeting ADJOURNMENT be adjourned at 10 : 50 P.M. Motion, Ayes (4) - Nays (0) . � { �-` � I Y �'� �' � \ . '` l� Rl\�� . �'`��,.�..`1, William B� -Van Nest, Mayor � � V � Attest: C� Z�Gc-z�'�� . /J;�`C��v:� Alberta M. Strom, City Clerk