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HomeMy WebLinkAbout07-12-1982 Council Minutes � ` CITY OF ORONO 7:00 P. M. Regular Meeting of the Orono Council , July 12, 1982 The Orono Council met on the above date with the following members present : Mayor Van Nest ,Councilmembers Frahm and Hurr. Council- member Adams arrived at 7 : 15 P.M. Absent: Councilmember Butler. Also present: Zoning Administrator Mabusth, City Attorney Malkerson, City Engineer Cook, Planning Commission Representative Kelley, and City Clerk Strom. Absent : City Administrator Benson. OATB OF OFFICE Police Officer Gary Cheswick introduced the newly appointed Police Officer Griffiths to the City Council . City Clerk Strom administered the Oath of Office to Police Officer Gregg E. Griffiths. CONSENT AGENDA* Frahm moved , Hurrseconded ,to removeitem #4from the Consent Agenda* for discussion purposes. Motion, Ayes (3) - Nays (�l) . Frahm moved, Hurr seconded, to approve the Consent Agenda* , subject to removing item #4 , 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 (3) - Nays (0) . SCHLEE BUILDERS Mayor Van Nest postponed the Schlee Builders public information meetinq until more concerned residents arrived . After several more residents arrived for the public information meeting , Mayor Van Nest explained the purpose of holding another public information meeting . Mayor Van Nest stated that the new layout contained twelve double-unit structures and inquired if anyone present would care to make any comments regarding the project. The mainconcern of the majority presentcentered on the traffic on Livingston Avenue which they felt would be a hazard to their children' s safety. The residents inquired why not an REGULAR MEETING OF THE ORONO COUNCIL, JULY 12 , 1982 Page 2 upgraded access onto County Road �15? Mayor Van Nest explained that the City Council would like to see County Road �15 upgraded but not made into a four-lane highway which the City of Orono has disapproved of for the last several years. The purpose of using Livingston Avenue as an access to the subdivision would mean less traffic on the already heavily traveled County Road #15. Discussion also included the upgrading of Blaine Avenue on the west side of the road and a feasibility study done by the City Engineer to be paid for by Schlee Developers with funds deposited to the City in advance. After all persons present had an opportunity to be heard , Mayor Van Nest closed the public information meeting . Mayor Van Nest moved , Adams seconded , to give conceptual approval of plans submitted this evening , July 12, 1982, for twelve duplexes , two of them on Lots 1 and 2 will face Blaine Avenue, and two of them on Lots 3 and 4 , may face Blaine Avenue, but preferably Livingston Avenue; approval of traffic flow as shown on this proposal; Schlee Builders must escrow $3 ,50H to pay for the feasibility study to deal with off- site improvements and future special assess- ments, cost of the study to also include on-site improvements to be paid for by the City; the feasibility study to include an access from the Tonka property; and further , direct staff to present the revised plans for formal review by the Planning Commissionand the Park Commission. Motion, Ayes (4) - Nays (0) . MINUTES Frahm moved , Hurr seconded , to approve the Minutes of the Regular Meeting of Jun� 28 , 1982, subject to adding condition #5 under the Schlee item to state "Schlee Builders agree to reroute the sewer to the north to tie into the lift station on Togo Road" ; and to change the gender in the Transportation Report. Motion, Ayes (4) - Nays (0) . MINUTES* Board of Review June 29 , 1982 Frahm moved , Hurr seconded , to approve the Minutes of the Board of Review Meeting of June 29, 1982. Motion, Ayes (3) - Nays (0) REGULAR MEETING OF THE ORONO COUNCIL, JULY 12 , 1982 Page 3 MINUTES* Board of Review June 30 , 1982 Frahm moved , Hurr seconded , to approve the Minutes of the Board of Review Meeting of June 30 , 1982. Motion, Ayes (3) - Nays (0) . MINUTES* Frahm moved , Hurr seconded , to approve the Minutes of the Special Meeting of June 30 , 1982. Motion, Ayes ( 3) - Nays (0) . PARR COMMISSION No comments from the Park Commission. LMCD REPORT An ordinance relatinq to dock widths from the Lake Minnetonka Conservation District was presented to the City Council . City Attorney Malkerson suggested to the City Council that the City of Orono adopt an updated ordinance to approve amendments of the LMCD dock ordinances. Zoning Administrator Mabusth was requested to provide the City of Orono with three copies of the LMCD ordinances to be adopted by reference. PLANNING COMMISSION COMMENTS No comments from the Planning Commission representative Kelley. PUBLIC COMMENTS No comments from the public present. RESOLUTION �1392* Cortlen Cloutier 2480 Casco Point Road Frahm moved , Hurr seconded , to adopt Resolution #1392, A Resolution Approving An After-the-Fact Application Of Cortlen Cloutier For Variances And A Conditional Use Permit To Permit Lakeshore ' Improvements Of A Property Located At 2480 Casco Point Road . Motion, Ayes (3) - Nays (0) . DREDGING � 650 North Arm Drive C. Rex Welsh Mayor Van Nest moved , Hurr seconded , to table the dredging resolution for C. Rex Welsh, 650 North Arm Drive , and to request his appearance before the City Council . Motion, Ayes (4) - Nays (g) . REGULAR MEETING OF THE ORONO COUNCIL, JULY 12 , 1982 Page 4 SUBDIVISION 1340 Baldur Park Road �669 Tonka Lake Properties Mayor Van Nest moved , Hurr seconded , to table the preliminary subdivision request of Tonka Lake Properties for 1340 Baldur Park Road at the request of the applicant. Motion, Ayes (4) - Nays (0) . VARIANCE 1410 & 1420 Shoreline #677 Gregory/Duff Zoning Administrator Mabusth reviewed with the City Council the Variance request of William Gregory, 1410 Shoreline Drive, stating that the subdivision request is being held over until the variance is approved . Mr . Larry Berg , attorneyforWilliam Gregory, and Mr . David Duff were present . Mr . Berg explained the reason for the variance request stating that his client wishes to buiild an attached garage on the existing house on Lot 3 , and a new house on Lot 2, which does not require a garage, as it would require too much fill in order for the Gregorys to have an unobstructed view. Discussion included rearranging the location of the garage and the proposed house; Duff' s septic system problem; and alternatives and on-site systems. Mr. Berg requested a continuance so that he could have a discussion with his client and return to the Council table later in the evening . After returning to the Council table later in the evening , Mr. Berg stated that the Gregorys gave him permission to rearrange the lot lines so that no variance would be required but after meeting with theirsurveyorand architect, if the Council would grant a variance on the other side of it, about a 22' variance. Mayor Van Nest moved , Hurr seconded , to draft a resolution to deny the variance application as requested by William Greqory, 1410 Shoreline Drive, previously denied by the Planning Commission, butto conceptuallyagreethatif the lot line between Lots 2 and 3 were redrawn so that REGULAR MEETING OF THE ORONO COUNCIL, JULY 12 , 1982 Page 5 no variance is required for Lot 2, the City Council would consider up to a 10' variance for Lot 3 , provided that a demonstrated hardship is shown. No hard,�hip has been shown to topography or to existing structures that would justify a variance to Lot 2; that Lot 3 has a possible hardship as to the location of the existing structure, depending on how the lot lines are drawn, that a 10 ' variance may be granted . Motion, Ayes (4) - Nays (0) . VARIANCE* 1380 Arbor Street �681 Doug de Malignon Zoning Administrator Mabusth reviewed with the City Council the request of Doug de Malignon for a variance at 1380 Arbor Street. Mr . de Malignon was present. Frahm moved , Hurr seconded , to draft a resolution to approve the variance request of Doug de Malignon for 1380 Arbor Street, per the Planning Commission recommendations, hardship being no available land , the resolution to be filed in the chain of title, and that no certificate of occupancy to be issued until signed-off by applicant. Motion, Ayes (4) - Nays (0) . SUBDIVISION 3125 & 3135 Fox Street #685 Merrill Gibbs Zoning Administrator Mabusth reviewed with the City Council the preliminary subdivision request of Merrill Gibbs, 3125 & 3135 Fox Street. The subdivision meets the requirements of the zoning code; at issue is the lake access at the east lot line. Mr . & Mrs. Gibbs, their attorney Tom Merrill , and their daughter Pam Bacon were present . Discussion involved the lake access along the east property line. Mayor Van Nest explained the history of the access stating that many people for many years have used that access and that it had been before the City Council numerous times. The City Council stated that they would like to have the issue settled and that now, with the division of the property, would be a good time for a final determination. REGULAR MEETING OF THE ORONO COUNCIL, JULY 12 , 1982 Page 6 Mayor Van Nest moved, Hurr seconded , to table the Gibbs' application and to hold a special Council meeting at th� Gibbs property on Friday, July 16 , 1982 at 9 : 0H A.M. , in case of rain, the meeting will be held Tuesday, July 20 , 1982 at 9: 00 A. M. to view the access. Motion, Ayes (4) - Nays (0) . VARIANCE 2701 Kelly Avenue #688 Jerome Carlson Zoning Administrator Mabusth reviewed with the City Council the variance request of Jerome Carlson, 2701 Kelly Avenue. Mr. Carlson, Mrs. Ellis, and Mr. Reese were present. Mayor Van Nest moved , Hurr seconded , to approve the variance request of Jerome Carlson, 2701 Kelly Avenue, per the Planning Commission recommendations, subject to the curb-cut being on Walter' s Port Lane only; a permit to be issued for moving the present house to Spring Park. Hardship is due to the topography of the area. Motion, Ayes (4) - Nays (0) . VARIANCE 1374 Rest Point Road �689 Larry Langhans Zoning Administrator Mabusth reviewed with the City Council the request of Larry Langhans, 1374 Rest Point Road , for a variance. Mr. Langhans was present. Hurr moved , Frahm seconded , to approve the variance request of Larry Langhans, 1366 Rest Point Road , per the Planning Commission recommendations , subject to new building site in the rear have no riparian rights to Lake Minnetonka. Motion, Ayes (4) - Nays (0) VARIANCE 2794 Casco Point Road �691 Todd Robideau Zoning Administrator Mabusth reviewed with the City Council the request for a variance of Todd Robideau, 2794 Casco Point Road . Mr. Robideau was not present. REGULAR MEETING OF THE ORONO COUNCIL, JULY 12 , 1982 Page 7 Frahm moved , Adams seconded , to approve the variance request of Todd Robideau, 2794 Casco Point Road , per the Planning Commission recommendations. Motion, Ayes (4) - Nays (0) . WASTE MANAGEMENT* LETTER The City Council received for information the letter from the State of Minnesota Waste Management Board concerning hazardous wastes dated June 29, 1982. SOLID WASTE* COMMITTEE The City Council received for information the Solid Waste Resource Recovery and Disposal Advisory Committee letter from Donald Brauer regarding re-activating the committee dated July 2, 1982. BID AWARD Navarre Water Tower City EngineerCookinformed theCity Council that the low bidder on the Navarre Water Tower painting bid was L.P. Gas Supply Corporation. The L.P. Gas Supply Corporation had informed the City Engineer that they had an error in their bid and have requested that they be released of their responsibility of painting the water tower ; there was a 5� bid bond . L.P. Gas has agreed to paint the iron removal tank at no cost to the City. City Engineer Cook stated that Allied Painting and Renovating Company was the next lowest bidder in the amount of $28 ,500 . Mayor Van Nest moved , Frahm seconded , to award to the second lowest qualified bidder , Allied Painting and Renovating Company the contractfor painting the Navarre water tower in the amount of $28 , 500 . Motion, Ayes (4) - Nays (0) . Mayor Van Nest moved , Frahm seconded , to release L. P. Gas Supply Corporation from their bid , and to adopt a resolution approving a contract with L. P. Gas Supply Corporation to paint the iron removal tank for the Navarre water tower, to provide a performance bond , and that the City return the bid bond . Motion, Ayes (4) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, JULY 12 , 1982 Page 8 I/I REPORT City EngineerCookreviewed withtheCity Council the memo concerning infiltration/inflow dated June 30, 1982. Mayor Van Nest moved , Hurr seconded , to request staff to draft a resolution for Council approval at the next Council meeting to request the Metropolitan Council in conjunction with the City of Orono ' s I/I Study to upgrade lift stations on the interceptor from Minnetonka Beach to the French Lake lift station. Motion, Ayes (4) - Nays (0) . SEWER & WATER Paul Smith 2477 Dunwoody Avenue Mayor Van Nest explained to the City Council that Mr . & Mrs. Paul Smith , 2477 Dunwoody Avenue, are anxious to have sewer and water connected to their property. Mr . Smith feels that the estimate that was prepared by the Orono Engineer is too high and that he could have a private concern do the project at a lower cost. The Mayor stated that the City Council is concerned that sewer and water are not connected to the Smith' s property and that it should be connected as soon as possible. Mayor Van Nest informed the Smiths that if he wishes he may have a private concern do the hookup but if he wishes the City will let bids and proceed with the project this fall . Mr . & Mrs. Paul Smith and Mr . & Mrs. James Powers, 2475 Dunwoody Avenue, were present. The Smiths and the Powers have not been able to reach an agreement for an easement to the Smith property. Mayor Van Nest stated that the City could help with negotiations between the Smiths and Powers to obtain the necessary easements short of condemnation proceedings. The Mayor suggested that the Smiths , Powers , engineer , and staffineet at the propert�y to work out a location for the project. Mayor Van Nest moved , Hurr seconded , that Paul Smith , 2477 Dunwoody Avenue, is to acquire the necessary easements from Mr. Powers, 2475 Dunwoody Avenue, with signed plans and specifications from a private contractor for installation of sewer and water , that is REGULAR MEETING OF THE ORONO COUNCIL, JULY 12 , 1982 Page 9 agreeable to the City, within one week. If that is not accomplished in one week , the City will draft a resolution to proceed with plans and specifications for the project and order condemnation proceedings to have the sewer and water installed and assessed to the Smith property. Motion, Ayes (4) - Nays (0) . PCA LETTER Maple Plain Treatment Plant The City Council accepted the letter from Gordon E. Weqwart to the Minnesota Pollution Control Agency concerning the Maple Plain Treatment Plant dated March 24 , 1982. PAINTER CREER July 1 , 1982 The minutes of the Painter Creek Subwatershed Advisory Committee Meeting of July 1 , 1982 were presented to the City Council . CABLE TV MINUTES June 9, 1982 The Minutes of the Lake Minnetonka Cable TV Advisory CommitteeofJune9, 1982were presented to the City Council . CABLE TV RULES Multiple Dwelling Units The proposed Rules for Cable TV System Access to Multiple Dwelling Units were presented to the City Council . LMCD 1983 BUDGET* Frahm moved , Hurr seconded , to approve the Lake Minnetonka Conservation District Budget for 1983 . Motion, Ayes ( 3) - Nays (0) . PROPOSED ORDINANCE* Alarm Systems Frahm moved , Hurr seconded , to approve the proposed ordinance concerninq noise, a public nuisance, and request the City Attorney to prepare an ordinance for adoption at the next Council meeting . Motion, Ayes (3) - Nays (0) . PROPOSED ORDINANCE* Noise - Public Nuisance Frahm moved , Hurr seconded , to approve the proposed ordinance concerning noise, a public nuisance, and request the City Attorney to prepare an ordinance for adoption at the next Council meeting . Motion, Ayes ( 3) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, JULY 12 , 1982 Page 10 PROPOSED ORDINANCE* Firearms Frahm moved , Hurr seconded , to approve the proposed ordinance concerning a firearms amendment and request the City Attorney to prepare an ordinance for adoption at the next Council meeting . Motion, Ayes (3) - Nays (0) . ORDINANCE NO. 242* Minnesota Gas Co. Frahm moved , Hurr seconded to approve ordinance No . 242, An Agreement with the Minnesota Gas Company regarding their franchise. Motion, Ayes (3) - Nays (0) . MAPLE PLAIN SCHOOL* Frahm moved , Hurr seconded , to accept the letter from Hennepin County Commissioner Robb concerning the Maple Plain Elementary School Closure dated June 28 , 1982. Motion, Ayes (3) - Nays (0) . TRAFFIC COUNT* Frahm moved , Hurr seconded , to approve the trafficcountupdateforMcCulley Road dated June 30, 1982. Motion, Ayes (3) - Nays (H) . BOARD OF REVIEW* Continuance Frahm moved , Hurr seconded , to approve the letter from State of Minnesota, Department of Revenue regarding an extension for the 1982 Board of Review upto and including July 3, 1982. Motion, Ayes (3) - Nays (0) . LICENSES* Frahm moved , Hurr seconded , that the followinq licenses be approved : Tonka Service - 1960 Shoreline Drive - Cigarette Redepenning Services - Garbage Hauler Roto Rooter Sewer Service Co. - Septic System Hoff Plumbinq , Inc. - Plumber - Septic System Installer Motion, Ayes (3) - Nays (0) . BILLS* Frahm moved , Hurr seconded , that the All Funds Accounts and the Liquor Store Accounts be paid . Motion, Ayes (3) - Nays (0) . R��ULAR MEETING OF THE ORONO COUNCIL, JULY 12 , 1982 Page 11 EXECUTIVE SESSION At 11 : 01 P.M. , the Orono City Council went into an executive session to discuss matters of litigation. . � � �i� � ' William B. Van Nest, Mayor Attest:����� , ��.,fz,� Alberta M. Strom, City Clerk