Loading...
HomeMy WebLinkAbout06-14-1982 Council Minutes � r CtTY OF ORONO Regular Meeting of the Orono Council , 7 :00 P.M. June 14 , 1982 The Orono Council met on the above date with the following members present : Acting Mayor Butler, Councilmembers Adams, Frahm, and Hurr. Absent : Mayor Van Nest. Also present : City Planner Olson, Zoning Administrator Mabusth, City Attorney Malkerson, City Engineer Cook, Planning Commission Representative Callahan, and City Clerk Strom. Absent : City Adminis- trator Benson. Acting Mayor Butler announced that now was the PUBLIC HEARING time and place for the public hearing to consider Sewer & Water the construction of sanitary sewer and municipal Paul Smith watermain extensions to service the Paul Smith 2477 Dunwoody Avenue property at 2477 Dunwoody Avenue . City Planner Olson presented the Affidavit of Publication and the Certificate of Mailing. Pres�n.t were: Mr. & Mrs. Smith and their attorney, Gary Phleger, and Mr. & Mrs. James Powers, 2475 Dunwoody Avenue . Attorney Gary Phleger stated that the Smiths want to install sewer and water and do not understand why a stubb for the sewer was not installed in the 1960 ' s. Reasons for the by-pass, that had been stated at various times previously, included the fact that the house was a seasonal house at the time; that there was no way to bring the sewer to their property line because they have only a ten-foot ease- ment across property owned presently by the Powers, 2475 Dunwoody Avenue. A mistake had been made at that time where the stubbs had been placed. In 1974 , the cost to hookup would have been $2 , 300 ; and in 1982 , the cost to hookup would be $28 ,000 , according to the feasibility study. Acting Mayor Butler explained the reasons for the different costs saying that in 1974 , it only included the cost of connecting sewer to the neighbor 's line and the costs for 1982 included sewer and water brought to the property line, plus the economic conditions that are now present. Mr . Phleger stated that his clients would sign a reasonable agreement to hookup to the sewer if they could get access to it. I understand that we cannot get access to it. At one time, the City indicated that they would provide a sewer ejector pump and tank. If we can get any help with the installation, we urge , you to help because of the high costs. His understand- ing is that the Powers do not now want to grant the necessary easement. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, JUNE 14 , 1982 Page 2 City Attorney Malkerson stated that if the Powers will PUBLIC HEARING not grant an easement for any amount of money, the City (Continued) has the option to condemn for the easement so that Mr . Smith can put in his sewer line . Mr. Malkerson stated that the people involved should meet and work out an easement agreement. Mr. Phleger stated that there is a ten-foot access easement to the property from the street and a 25 ' -30 ' parking easement. Mr . & Mrs. Powers stated that they are not willing to grant an easement down their driveway as it would interfere with their plans for an addition onto their garage. Also, they now own both houses on either side of Smith and are trying to sell one. They are worried about construction activity. After all persons present had an opportunity to be heard, Acting Mayor Butler closed the public hearing at 7 :40 P .M. Acting Mayor Butler moved, Adams seconded, that the City Engineer, City Planner, Mr . & Mrs . Smith, and Mr . & Mrs. Powers meet to work-out an agreement for the sewer and water installation for the Paul Smith property at 2477 Dunwoody Avenue , to include restoration of the Powers ' driveway, to be presented to the City Council at their next regular meeting on June 28 , 1982 . Motion, Ayes (4) - Nays (0) . Hurr moved, Frahm seconded, to remove item #3 from CONSENT AGENDA* the Consent Agenda* to include City Attorney Malkerson ' s name to the members present list. Motion, Ayes (4) - Nays (0) . Hurr moved, Frahm seconded, to approve the Consent Agenda*, subject to removing item #3 , with all staff reports concerning 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 (4) - Nays (0) . Hurr moved, Frahm seconded, to approve the Minutes MINUTES of the Regular Meeting of May 24 , 1982, as amended, to include City Attorney Malksrson ' s name. Motion, Ayes (4 ) - Nays (0) . No comments from the Park Commission. PARK COMMISSION Councilmember Hurr reported on the Marina Committee LMCD REPORT Meeting stating that the LMCD will grant a variance to zoning on the east and also to the encroachment to the west of Minnetonka Boat Works with a yearly reviewal for the Windward Marine application. REGULAR MEETING OF THE ORONO COUNCIL, JUNE 14 , 1982 Page 3 No comments from the Planning Commission PLANNING COMMISSION representative . No comments from the public present. PUBLIC COMMENTS Alan Olson, City Planner, reviewed with the CONDITIONAL USE PERMIT City Council his two memos dated June 3 , 1982 650 North Arm Drive outlining the conditional use permit for #618 dredging requested by C. Rex Welsh, 650 North C. Rex Welsh Arm Drive. Mr . Welsh and his attorney, Will Hartfeldt, were present. Acting Mayor Butler stated that this application had been denied twice by the Planning Commission for the reasons stated by the Planning Commission. � Discussion included riparian rights, maintenance dredging, permanent or removable docks, dock length, placement of a dock, hazards of a long dock, the depth of water for the navigability of Welsh' s boat, and Council ' s position on dredging and disturbing of lake water. Acting Mayor Butler moved, Adams seconded, to request staff to draft a resolution for the next Council meeting for denial for a conditional use permit for dredging for C. Rex Welsh, 659 North Arm Drive , in view of the fact that sufficient hardship has nct been proven, that the Planning Commission recommended denial on two separate occasions; and to further request that the applicant more deeply research the question of the dock, permanent or seasonal, with the under- standing that the City Council will look favorably on granting a variance to the dock length within reason. Motion, Ayes (3) - Nays (0) . Councilmember Hurr abstained stating that she would like more informa- tion on the Dunlap dredge before voting. Alan Olson, City Planner, reviewed with the City SUBDIVISION Council the subdivision request of Schlee Builders 3660 Shoreline Drive for 3660 Shoreline Drive, stating that Schlee � #618 Builders withdrew the application for 48 single- Schlee Builders family units and wish to pursue their original application for twelve double bungalows. The City Planner requested the City Council to close-out the accounts for the 48 single family application and to request $1, 500 be placed in escrow to cover the costs for another application. Russ Firest, Schlee Builders, was present and stated that he has no problem of settling the account for the 48 single family application in the amount of $1 , 935. 43 and placing $1, 500 in escrow for a new application. ZContinued) REGULAR MEETING OF THE ORONO COUNCIL, JUNE 14 , 1982 Page 4 Acting Mayor Butler move�, Hurr seconded, to adopt RESOLUTION #1389 Resolution #1389 , A Resolution Regarding Schlee 3660 Shoreline Drive Builder ' s Incorporated Proposed Platting of Schlee Builders Certain Lan� In Orono, subject to adding paragraph (Continued) #5 to read: "The City Council will extend any prior deadline to August 13 , 1982 to file a final plat without need to reapply. The City Council states that such an extension does not recognize any vested rights for the preliminary plat" ; to delete paragraph #11, except for the last sentence; and to include the amount of $1, 935 . 43 for payment and $1, 500 to be deposited in an escrow account. Motion, Ayes (4) - Nays (0) . Acting Mayor Butler moved, Frahm seconded, to table CONDITIONAL USE PERMIT the conditional use permit request of the New Life 830 Old Crystal Bay Rd. , Bible Church, 830 Old Crystal Bay Road, until the #672 next meeting and requests that a representative be New Life Bible Church present to answer questions. Motion, Ayes (4) - Nays (0) . - Jeanne Mabusth, Zoning Administrator, reviewed CONDITIONAL USE PERMIT with the City Council the after-the-fact conditional VARIANCE use permit and variance of Cortlen Cloutier, 2480 2480 Casco Point Road Casco Point Road. The Zoning Administrator explained #674 the site plan, Exhibit I, stating that -the wall will Cortlen Cloutier be extended eight more feet to where the bank has been cut into on the north side and continue the riprapping up to the end of the retaining wall. Mr. Cloutier was present. Councilmemher Hurr stated that the drawing that is presented 5hould be corrected to reflect exactly what is going to be done. Frahm moved, Acting Mayor Butler seconded, to request that staff draft a resolution giving conceptual approval to the request of Cortlen Cloutier, 2480 Casco Point Road, for an after-the-fact conditional use permit and variance, and that a new approved drawing be presented at the next Council meeting. Motion, Ayes (4) - Nays (0) . Hurr moved, Frahm seconded, to approve the request VARIANCE RENEWAL* for the renewal of a variance for Michael Lynn III, 1265 Brackett ' s Point 1265 Brackett' s Point Road, for a setback variance #687 for an accessory structure. Motion, Ayes (4) - Michael Lynn III Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, JUNE 14 , 1982 Page 5 Alan Olson, City Planner, reviewed with the City SEPTIC SYSTEM PROBLEM Council his memo concerning the septic system repair 1950 Shoreline Drive status for 1950 Shoreline Drive , dated June 9 , 1982 . Mr. Junius Stenseth, owner of 1950 Shoreline Drive, was present to explain his request as stated in his letter of June 7 , 1982 . Mr. Stenseth discussed with the City Council his plans for combining the adjacent propertyjwith a service station on it,with 1950 Shoreline Drive and replace all of the buildings with a Holiday Station. Acting Mayor Butler explained to Mr. Stenseth that these are two separate properties and that t�e Gity Council does not look favorably on combining them for an expanded commercial use at t�is location. The Council has reviewed and discarded this idea for this property several times in the past. Discussion included the repair of the septic system and the need to upgrade the failing system by installing holding tanks and the pumping of them regularly. Hazardous building orders have been issued to require installation of a drainfield, which would require removal of one or more buildings to provide room for the drainfield. Mr. Stenseth requested Council approval of holding tanks instead of a drainfield so that he would not have to remove the building. Acting Mayor Butler moved, Frahm seconded, to request staff to draft an agreement to allow a holding tank, subject to installation of a water meter and agreed upon pumping schedule, inspection schedule, and fee schedule , with the option to remove a cabin for a new drainfield for Junius Stenseth ' s property at 1950 Shoreline Drive. Motion, Ayes (4) - Nays (0 ) . Alan Olson, City Planner, reviewed with the City Council MINNESOTA LAW CHANGES his memo concerning the affects of the 1982 Minnesota law changes dated June 7, 1982; and also, City Attorney Malkerson ' s memo dated June 3, 1982 . Acting Mayor Butler moved, Frahm seconded, to direct staff for suggestions for changes in the standards section of the building code as required by the Minnesota Statutes affecting zoning adopted by the State Legislature in 1982. Motion, Ayes (4 ) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, JUNE 14 , 1982 Page 6 Hurr moved, Frahm seconded, to accept the CDBG - YEAR VIII REPORT* CDBG - Year VIII information report dated June 2 , 1982. Motion, Ayes (4 ) - Nays (0) . Hurr moved, Frahm seconded, to accept the FOOD SERVICE REPORT* Hennepin County Food Service Inspection Report from City Planner Olson dated May 27 , 1982 . Motion, Ayes (4) - Nays (0) . City Engineer Cook reported on the status of DRAINAGE PROBLEM the drainage problem at 1400 Park Drive. 1400 Park Drive Acting Mayor Butler announced that the reconvened BOARD OF REVIEW MEETING Board of Review meeting will be held June 29 , 1982 June 29 , 1982 at 7 :30 P.M. at the Orono Council Chambers. Acting Mayor Butler moved, Hurr seconded, to BOARD OF REVIEW MINUTES approve the Board of Review minutes dated June 10 , 1982 June 10 , 1982 . Motion, Ayes (4 ) - Nays (0 ) . Acting Mayor Butler reported to the City Council CABLE TV REPORT that the Cable TV Committee ' s draft of a joint powers agreement has been submitted to the City Administrator for review and it will be presented to the City Council for their approval at the June 28, 1982 Council meeting prior to the Cable TV Committee meeting in July. The City Council accepted the Minutes of the Lake CABLE TV MINUTES Minnetonka Cable TV Advisory Committee dated May 12 , 1982 . The City Council was presented with a Metropolitan TRANSPORTATION REPORT Council bulletin concerning Interstate Highway 394 dated June 4, 1982 . Hurr moved, Frahm seconded, to approve the Summary SUMMARY OF RECEIPTS,etc* of Receipts, Disbursements & Balances for April, 1982 and the Year to Date, 1982 , prepared by Finance Director Kuehn. Motion, Ayes (4) - Nays (0) . Hurr moved, Frahm seconded, to approve the purchase GRINDER STATION #30* of the Hydromatic Pumps and Panel from Tri 5tate Purchase Equipment Company in an amount not to exceed $5, 264 for Grinder Station #30 . Motion, Ayes (4) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, JUNE 14 , 1982 Page 7 Hurr moved, Frahm seconded, to approve City DRAINAGE PROBLEM* Administrator 's letter to Edward Hamm, 450 Orono Edward Hamm Letter Orchard Road, concerning a drainage probl�m, dated June 8, 1982. Motion, Ayes (4 ) - Nays (0) , Hurr moved, Frahm seconded, to approve the LICENSES* following licenses : Westonka Sanitation - Garbage Hauler Duane W. Anderson - Residential Kennel Motion, Ayes (4 ) - Nays (0) . Hurr moved, Frahm seconded, to approve the All BILLS* Funds Accounts and the Liquor Store Accounts. Motion, Ayes (4) - Nays (0 ) . Acting Mayor Butler moved, Frahm seconded, that the ADJOURNMENT meeting be adjourned at 10 :30 P.M. Motion, Aye s (4) - Nays (0) . ������� �" ' �`J�,��`. Mary C. �u ler, Acting Mayor Atte st: �j,������,/� � /���,-r7,�./ Alberta M. Strom, City Clerk