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HomeMy WebLinkAbout02-08-1982 Council Minutes , r• CITY OF ORONO Reqular meeting of the Orono Council 7 : 00 P.M. February 8 , 1982 . The Orono Council met on the above date with the following members present : Mayor Van Nest , Councilmembers Butler, Frahm, Adams & Hurr. Also present: City Attorney, Malkerson , City Zoning Administrator Mabusth, and City Deputy Clerk Woytcke. Mayor Van Nest called the meeting to order at approximately 7 : 08 P.M. Butler moved, Hurr seconded, to approve the CONSENT AGENDA* *Consent Agenda with all staff reports con- cerning items reviewed at this meeting to be attached to the original copy of these minutes on file in the City Clerk' s Office. Motion, Ayes (5) - Nays (0) No comments from the Park Commission . PARK COMMISSION REPORT It was announced that the Lake Minnetonka LMCD REPORT Conservation District will hold a public hearing at the Tonka Bay Village Hall , 4901 Manitou Road (County Rd. 19) at 8P.M, on Wednesday, February 24 , 1982 , in the matter of a proposed code amendment on Special Density Permits relating to the storage of more than one watercraft for each fifty feet of shoreline on Lake Minnetonka. Mr. Edward Callahan was present as the PLANNING COMMISSION representative of the Planning Commission . COMMENTS No comments from the Public . PUBLIC COMMENTS Mr. Steve Wilson was present to represent #582 H.R. JOHNSTON Mr. H.R. Johnston in his request to have 935 WILLOW DRIVE SOUTH council reconsider his purchase price. Adams moved, Butler seconded to reconsider the agreed upon x�rice of $8 , 000 . 00 for the City land to H.R. Johnston. Motion , Ayes (5) - Nays (0) Van Nest moved, Butler seconded to rene gotiate the sale price of the 2 . 27 acres of City land legally described as the West 180 feet of the East 510 feet of the South 550 feet of the North 1320 feet of Government Lot G, Section 9 , Town- shir� 117 North, Range 23 West of the Fifth Principal Meridan for the sum of $5 , 800 per 4 ADDITION TO THE COUNTIL MINUTES OF FEBRUARY 8, 1982 REGARDING THE H. R. JOHNSTON PROPERTY AT 935 WILLOW DRIVE SOUTH. Councilmember Hurr brought into discussion the fact that the City agreed to take trees down on this property as long as the price was set at $8,000.00. Mr. Johnston at that time agreed to this arrangement. Mr. C. Steven Wilson, representing Mr. Johnston stated that he and his client did agree to pay the $8,000.00 but felt the price was not fair because this land was not a buildable lot and should be assessed for the incremental value of $5,800.00. Councilmember Hurr then asked P�r. Wilson if he could tell the council if Mr. Johnston paid less or more per acre for the rest of the land. Mr. Wilson stated more. �' �EGU�AR MEETING OF THE ORONO COUNCIL, FEBRUARY 8 , 1982 PAGE -2- H .R, Johnston matter continued. Patchin Appraisal dated December 16 , 1980 , based on the incremental value of the subject to the condition that the buyer will pay for the abstract and that an amended purchase agreement be drafted reflecting the above changes in addition to the new aporoved subdivision completion date July 12 , 1982 . Motion, Ayes (4 ) - Nays (1 ) Hurr voting Nay . RESOLUTION #1359 Van Nest moved, Butler seconded, to table #644 JAMES R. THAXTER Mr. James Thaxter' s Conditional Use permit 1065 TAMARACK DRIVE application and delay action on the application CONDITIONAL USE PERMIT until the City is in receipt of the executed flowage and conservation easement. Motion , Ayes (5) - Nays (0) Hurr moved, Butler seconded to approve Mr. #663 TIMOTHY J. PETERSEN Timothy J. Petersen ' s conditional use 280 ORONO ORCHARD ROAD permit application subject to the findings CONDITIONAL USE PERMIT and conditions setforth in the Resolution #1359 . Motion Ayes (5) - Nays (0) Van Nest moved, Adams seconded, to approve #614 JUDD RINGER the preliminary subdivision o£ Mr. Judd Ringer 2280 WAYZATA BOULEVARD 2280 Wayzata Boulevard subject to the findinas PRELIMINARY SUBDIVISION of the P7anning Commission at their February lst meetin� and subj�ct to the following conditions : l . Dedication on the plat of 33 ' of right of way for Willow Drive and additional right of way for Highway 12 , 2. Dedication on the plat of the road. Dedication on the plat of drainage and uti�ity easements . Dedication on the plat of drainage easements . 3 . Conservation and flowage easement over the designated wetland areas in Lot 2 , Block 2 , Outlot A, extensive marsh area abutting lake (area below the 936 contour line) retention pond on Lots 3 and 4 , Block 1 . 4 . Tested septic sites on Lots 3 and 4 , Block 1 staked and protected during the regrading orocess . 5 . The barn on Lot 1 , Block 3 may not be used to house animals as the subject structure does not meet the required 150 ' setback from all newly created lot lines. In addition , Lot 1 , Block 3 consists of 2 . 4 acres and does not meet the area reauirements for the keeping of animals . 6 . Park fee per current schedule : 13 new lots @$200 . 00 = $2 ,600 . 00 . Lots 1 & 2 Block 3 with existing house = no fee Outlot A of 13 Acres (to be developed in future) = no fee . REGU�AR MEETING OF THE ORONO COUNCIL, FEBRUARY 8 , 1982 PAGE -3 - #615 Judd Ringer continued . 7 . Legal review and filinq fees per current fee schedule : $75 . 00 . 8 . No variances will be granted to permit the keepinq of animals on Lot 1 , Block 3 . 9. Existing access to Wayzata Blvd. is to be closed off . All access to proposed 15 residential lots and future residential plat of Outlot A shall be off interior plat road served from Willow Drive. 10. A temporary cul-de-sac , not tc abut east property line, shall be constructed to serve Lot l , Block 1 , Lot 1 , Block 3 and Lot 2 , Block 3 . Motion , Ayes (5) - Nays (0) Butler moved, Frahm seconded to approve the #645 DOROTHY FORCIER lot area variance of 1 . 59 acres . Lot width 4780 North Arm Drive variance of 80 ' , street setback variance of 75 ' subject to the following conditions : 1 . Prior to the issuance of a building permit : a) developer must revise house �lans per modifications required by Orono staff . b) Current owner and future owners are placed on notice that because of the area �imita- tations of property and the accompaning se�tic limitations , the house is limited to a maximum of 6 persons . Motion, AYes (5) - Nays (0) Butler moved, Hurr seconded , to deny the condi- #661 PAUL FAHLIN tional use permit application that involved the 1960 SHORELINE DRIVE expansion of the accessory commercial use to CONDITIONAL USE PERMIT include a bait and fishing gear sales operation. Council has directed staff to dra�t a denial resolution for presentation at the council meet- ina of February 22 , 1982 . A copy of that resolution will be sent to Mr. Fahlin �rior to that meeting. Council also reaffirmed the specific conditions of the temporary occupancy permit requiring Mr. Fahlin to post 6" high street address numbers on the service station by February 18 , 1982 . Motion , Ayes (S) - Nays (0) Van Nest moved, Butler seconded, to approve #668 MICHAEL SMITH the lot area , lot width , front street setback 525 PARK LANE of 15 ' and hardcover variance (75 ' - 250 ' set- back area) of 143 . 5 sf based on the �ollowing conditions : 1 ) demolition permit required for removal of existinq house-house must be removed prior to construction of new house : 2) future lakeshore decks must be reviewed by staff to determine averaae lakeshore setback linE and possible need for a variance : 3) removal of existinq aaraae and shed located within City riQht of way : 4) no future variances will be a,ranted for this property based on the substandard REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 8 , 1982 PAGE -4- #668 Michael Smith continued. CON' T. size and width of the property. #668 MICHAEL SMITH Motion, Ayes (5) Nays (0) 525 PARK LANE No formal action was taken by Council at #671 SCHLEE BUILDERS this time . Council ' s direction on this 3660 Shoreline Drive matter as follows : Sketch Plan Review 1 . Suggested method for determining density level that the City could approve . ! 2. Access 3. Spreading of units . 4 . Question of attached or detached residential units . 5 . Sewer capacity vs . proposed construction level . 6 . Possible need for park area within plat. No comments from the City Engineer. CITY ENGINEER' S REPORT Mayor Van Nest reported that the Sewer MAYOR' S REPORT Service Area Advisory Board Group "C" meeting was held February 3 , 1982 . He stated that Dr. Richard Hanson from the Freshwater Biological Institute was the speaker and stated he was very impressed that Dr. Hanson aqreed with Orono views on Lake Minnetonka . Mayor Van Nest also stated that City Elections were discussed at the Lake Minnetonka Mayors n�eting concerninq the Mayors term being two years instead of four years . He asked that this subject be on the agenda for February 22 , 1982 Council meeting. Mayor Van Nest announced that at the February 4 , 1982 meeting of the South Shore Cable T. V. Service Area meeting it was decided that the Westonka Area cities will be joined with the South Shore Service Area. Butler moved, Frahm seconded, to anprove contributing $300 . 00 to support the cost of the total process of the Cable T.V. Service Area . Motion Ayes (5) - Nays (0) Van Nest moved , Hurr seconded that Mary Butler be the representative from Orono to this committee , and Dave Opheim as an alternate if he was aqreeable . Motion , Ayes (5) - Nays (0) .REGIILAR MEETING OF THE ORONO COUNCIL, FEBRUARY 8 , 1982 PAGE -5 - Butler moved, Hurr seconded, to accept CABLE TV REPORT the City of Long Lakes letter regardinq their motion to join the larger Lake LONG LAKE' S LETTER Minnetonka Cable T.V. District DATED JAN. 26 , 1982 Motion, Ayes (5) - Nays (0) Butler moved, Hurr seconded, to accept RANDY BICKMANN' S LETTER Randy Bickmanns letter to Sandy Brunton TO SANDY BRUNTON DATED of the South Shore Cable T.V. Committee FEBRUARY 4 , 1982 regarding allowinq the Westonka Service Territory to combine with South Shore. Motion, Ayes (5) - Nays (0) Butler moved, Hurr seconded, to accept RANDY BICKMANN ' S LETTER Randy Bickmann ' s letter to Councilmember TO COUNCILMEMBER BUTLER Butler regarding the formal action as to DATED FEBRUARY 4 , 1982 . combining with South Shore. Motion, Ayes (5) - Nays (0) Butler moved , Hurr seconded to accept ADRIAN HERBST LETTER TO Adrian Herbst letter of January 26 , 1982 CITY ADMINISTRATOR BENSON regarding the Cable T.V. DATED JANUARY 26 , 1982 . Motion , Ayes (5) - Nsys (0) Mayor Van Nest announced that at this TRANSPORTATION REPORT meetinQ the sub-ject of County Road 15 was brought up aqain, and it was dis- cussed that the City of Mound and Spring Park were still interested in County Road 15 beina a four lane. Mayor Van Nest requested that City Administrator Benson draft a letter to Spring Park , and Mound statinq that Orono would be agreeable to uparading County Road 15 but only as two lanes . Butler moved , Hurr seconded to accept GUARDRAILS STATUS ORONO HIGH* City Planner' s memo regarding the High SCHOOL ORCHESTRA pIT School Guardrails dated Jan. 26 , 1982 . Motion , Ayes (5) Nays (0) Butler moved, Hurr seconded to accept METROPOLITAN COUNCIL TAB REPORT* City Planner' s memo regarding the TAB ON HIGHWAY JURISDICTION CHANGE� Report on Hicrhway Jurisdiction Chanqes dated Feb. 2 , 1982 . Motion , Ayes (S) Nays (0) Butler moved, Hurr seconded to accept CHARLES WEAVER, OF METROPOLITAN City Planner ' s letter to Charles Weaver COUNCIL DATED FEBRUARY 2 , 1982 regarding Metro Council review of Hennepin County Comprehensive Plan dated 2/2/82 . Motion , Ayes (5) - Nays (0) REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 8 , 1982 PAGE -- 6- Butler moved , Hurr seconded to approve RESOLUTION #1360 "NO PARKING"* Resolution #1360 Directinq The Orono ON A PART OF KELLY AVENUE Public Works Department To Place "No Parking" On A Part of Kelly Avenue. Motion, Ayes (5) - Nays (0) Butler moved, Hurr seconded to accept CHARLES WEAVER LETTER FEB. 1982* Charles Weaver' s letter dated February 1982 regarding the question and answer format, about the landfill siting process . Motion , Ayes (5) - Nays (0) �_�utler moved, Hurr seconded to accept ORONO RESPONSE TO MOUND LETTER* City Administrator Benson ' s response REGARDING THE LMCD COSTS to Mound City Councils letter regarding the LMCD costs , dated January 25 , 1982 . Motion , Ayes (5) - Nays (0) Butler moved, Hurr Seconded to accept TRAFFIC SIGNAL #12 & OLD CRYATAL� City Administrator Benson ' s letter to BAY ROAD LETTER JANUARY 29 , 1982 Mr. Dennis Wildermuth regarding the Traffic Signal at #12 and Old Crystal Bay Road. Motion, Ayes (5) - Nays (0) Butler moved, Hurr seconded, to accept DENNIS WILDERMUTH RESPONSE TO* the response letter from Mr. Dennis ORONO' S LETTER OF JAN. 29 , 1982 Wildermuth regarding the traffic signal on #12 and Old Crystal Bay Road. Motion, Ayes (5) - Nays (0) Butler moved, Hurr seconded, to accept JUDD RINGER COMPLIMENTARY LETTER* ; Mr. Judd Rinqer' s letter complimenting DATED JANUARY 29 , 1982 the City for work well done during the blizzard, for the snow removal . Motion, Ayes (5) - Nays (0) Butler moved, to adopt Resolution #1361 RESOLUTION #136a-1982 SALARIES regarding the 1982 Salaries. Motion died for lack of second. Van Nest moved , Butler seconded to adopt Resolution #1361 as amended to delete the increase for the council members . Motion , Ayes (5) - Nays (0) Butler moved, Hurr seconded, to accept SNOW STORM PARKING MEMO* City Administrator Benson ' s memo regradinq DATED JANUARY 27 , 1982 Snow Storm Parking. Motion , Ayes (5) - Nays (0) Butler moved, Hurr seconded, to accept BREATHALYZER* City Administrator Benson ' s memo regarding breathalyzers and blood test in the City of Orono. Motion , Ayes (5) - Nays (0) REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 8 , 1982 PAGE -7- Butler moved, Hurr seconded to accept MTC BUS ROUTE LETTER 1/28/82* City Administrator Benson ' s letter to Mr. Fred Heywood regarding the MTC Bus Route. Motion, Ayes (5} - Nays (0) Butler moved, Hurr seconded to accept POLICE/UTILITIES/STREET* City Administrator Benson ' s letter to JOB WELL DONE LETTER 1/29/82 the Police , Utility Department, and Street Department for a job well done during the storm. Motion, Ayes (5) - Nays (0) Butler moved, Hurr seconded to accept MAYOR GEN OLSON LETTER DATED* City Administrator Benson ' s letter to JANUARY 29 , 1982 Mayor Gen Olson regardinq the Landfill Site M. Motion, Ayes (5) - Nays (0) Butler moved, Hurr secnded to accept PARK LANE SPEED LIMITS City Administrator Benson' s letter to Commissioner Richard Braun regarding the Park Lane Speed Limits . Motion, Ayes (5) - Nays (0) Butler moved, Hurr seconded to accept PAMELA SUTTON-POSITION PAPER* City Administrator Benson' s memo regarding the Position Paper Pam Sutton created for her requirements in the High School Work Program. Motion, Ayes (5) - Nays (0) Butler moved, Hurr seconded to accept E.A. CASHIN MATTER-2/5/82* City Administrator Benson ' s letter to Mr. E.A. Cashin regarding the sewer matter for 1305 Shoreline Drive. Motion , Ayes (5) - Nays (0) ' City Attorney Malkerson reported that a Public Meeting will be held in St. HALSTEAD BAY ACCESS Boni on Tuesday, February 16th at 7 : 30 RESOLUTION #1362 P.M. regarding the Halstead Bay Lake Access . VanNest moved, Butler seconded to adopt Resolution #1362 to be read at this meet- ing stipulating Orono ' s position on this Halstead Bay Lake Access . Motion, Ayes (5) - Nays (0) Butler moved, Hurr seconded to approve LICENSES* the following licenses : Saga Hill Grocery - Carol Edwardson-Cigarette Bergerson-Caswell , Inc . Well Driller Earl W. Day & Sons , Inc . Plumber Hopkins Plumbing & Heating Co . Plumber Nieman Plumbing & Heating - Plumber Penn Plumbing - Plumber Stant Plumbing & Heating - Plumber Sailor ' s World and Paul ' s Landing-Cigarette REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 8 , 1982 PAGE - 8- . � Butler moved, Hurr seconded, that All Funds BILLS* Accounts and the Liquor Store Accounts , be paid. Motion, Ayes (5) - Nays (0) Mayor Van Nest announced the Public Hearinq ASSESSMENT HEARING FOR for the Highwood Sewer Assessments will be HIGHWOOD SEWER 2/22/82 at the next Council meeting, February 22 , 1982 at 7 : 00 P.M. Mrs . Julie Carlson, Orono representative to the West Hennepin Human Services stopped in to explain to the Council her reasons for resigning from this committee. She stated that one of her reasons was that the committee has lost its perspective. The board seems to run every item and it is done very politically. She felt the Cities were not getting anything for the money they were donating. Mayor Van Nest asked her to stay with the committee lonq enough for the City to draft letters asking for the committee ' s Chart of Organization , Operating Budget , Job Description, Membership, etc . . She agreed to stay and work with the council to get this committee back to doing what it suppose to do when it was organized. Mayor Van Nest moved, Adams seconded that the meeting ADJOURNMENT be adjourned at 11 :40 P.M. . Motion, Ayes (5) - Nays (0) ��� � � _ Wil iam B. Van Nest , Mayor � ,� � � � ��=c, ATTEST: Mary S., oytcke , Deputy lerk