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Home My WebLink About12-19-1974 Council Minutes ` ' ORONO COUNCIL MEETING i Regular Meeting of the Orono Council and 7: 35 P.M. continued Public Hearing December 19 , 1974 � The Orono Council met on the above date with the following members present: DZayor Searles, Councilmen Butler, Massengale, and Paurus. � Councilman Welsh arrived at 9 : 40 P.P�. ; Mayor Searles announced that this was the time PUBLIC HEARING CONTINUATION and the place to continue the Public Hearing of December 18 , 1974 and opened the floor to discussion of the proposed amendments to the i zoning code and marina licensing ordinance. + Jim Flanagan stated that the property across from Hackberry on Willow is now zoned two acre unsewered and would like to see it zoned one- half acre sewered. Response from the Council was that density is not encouraged in that area .s and Long Lake sewage plant, lift stations, and sewer lines cannot handle these additional units. Ray Kempf explained concern on B-2 that all regulations are downward, no encouragement is being given to make the kind of investment S required to run a substantial business. There is a need for more responsible marina services and there has been little positive response from the Village in this area. If there were more encouragement, the marinas would spend more money to keep their property up to Village expectations. He feels screening is a deterent to successful business, it makes considerable property useless, is expensive to install, � expensive to maintain, and would adversely � affect business; also, screening is a good shield for vandalism. � Searles responded that these proposed standards S have been reduced considerably because of the input of the marina owners. There has been upgrading in most new areas of business in the � last few years. Stan Straley stated he was pessimistic concerning the value of the screening. Jim Rivers stated that landscaping, while desirable, should not be in the codes. He suggested marinas start a program of landscaping which is subject to a Village review board, but this not be a legal requirement. He suggested � that marinas submit master plan of what they will do. � � '� ORONO COUNCIL MEETING OF DECEMBER 19 , 1974 Page 2 � Searles expressed the desire of the Council to PUBLIC HEARING have this be a four-year landscaping plan which (Continued) • will not cause a hardship to the marinas, and under the new licensing plan, marinas are asked � to submit a master plan of their marina with � their license application. � Paurus stated he is glad to see the attitude that Jim Rivers is showing. � Art Tourangeau asked what had been decided on • the Smith' s Bay Texaco property. � Searles indicated that it seems to be the opinion � of the Council to leave the B-1 zoned lands that are in present commercial use by the Smith' s Bay � Texaco zoned B-1 as it is an important neighborhood service. Massengale felt that the non-conforming � use provisions would not be the right way to handle this particular condition and B-1 zoning • seemed to be the right way. � John Hollander stated that his property near � Plymouth is two acres and assessments would be less if this were one acre. � Don White said prior to 1950 , the Village was � unincorporated, since incorporation, his taxes have gone up considerably. He felt that new � zoning is restrictive to agriculture. P�assengale • said this zoning should protect and preserve more of the agricultural activities. � Herb Renner stated the rezoning is not downgrading � because we need to consider the pollution problem on the lake and the rezoning will help take some � of the pressure off the lake. • Rivers does not feel marinas add that much pollution to the lake. He stated the outboard � motor companies have spent millions of dollars � to keep their engines from pollutin� lakes. � Hollander said we should have an alternate plan looking at least ten years into the future. � Searles stated the Comprehensive Guide Plan calls for yearly review; we cannot plan ten • years ahead because the population growth is • not predictable and we have no idea how the energy crisis will affect the predicted growth. � A citizen asked why the rezoning in Navarre is � unequal with Ronnie' s Dry Cleaning being � unaffected while the rest is being zoned residential. In the rest of the area there is the same investment involved. Much of this � land is still undeveloped. • • r ORONO COUNCIL MEETING OF DECEMBER 19 , 1974 Page 3 Van Nest stated that if the undeveloped com- PUBLIC HEARING mercial and industrial land in the Navarre (Continued) area were developed to their zoned capicity, the excessive hard cover and added traffic gen- eration would have a great adverse effect to the , pollution of the lake and to the general safety and health of Orono residents. Van Nest noted that the Orono records and staff reports indicate that one acre of commercial use creates 431 car trips per day versus 22 car trips per day generated by one acre of residential use at 4 multi-family units per acre. Mayor Searles noted that mistakes in planning in the past resulted in the serious problems of the present. He noted that zoning is not static but must change now and in the future in order to protect the health and welfare of the citizens of Orono. The Council received a letter from Clark Oil Company stating their views concerning the change of zoning for their property at 3830 Shoreline Drive. Mayor Searles asked for additional cor•unents on the propose� zoning amendment and Marina licensing ordinance. There being no further discussion, Mayor Searles announced that the public hearing be closed. Butler moved, Paurus seconded, that the Minutes MINUTES of the Regular Meeting of December 2 , 1974, be approved. Motion, Ayes (4) - Nays (0) . Searles stated he had talked with Dave Opheim PARK COMMISSION COMMENTS regarding appointment to a committee on the Appointments Noerenberg Park. Benson stated the Park Commission is considering an appointee and will reply to Cliff French about the appointment. Butler will advise the Human Rights Chairman HUMAN RIGHTS COMMISSION that any one interested in serving on the Appointments Human Rights Commission should appear before the Council on January 14 , 1975. Guthrie stated that the Planning Commission PLANNING COMMISSION , has five applicants for three vacancies. Those Appointments people will be advised to meet with the Council on January 14, 1975. Applicants will be asked to read the Comprehensive Guide Plan and be ' ready to discuss same. � ORONO COUNCIL MEETING OF DECEMBER 19 , 1974 Page 4 � Mr. Muhich and Mr. Gerhardson presented the VARIANCE & DIVISION � request for a lot division at Tonkawa Road Tonkawa Road & Park Avenue and Park Avenue. r � Butler moved, Massengale seconded, to grant a variance and approve the division of this � property. Motion, Ayes (4) - Nays (0) . � Muhich explained to the Council the Kendall DIVISION � Mix division request at 325 Brown Road South. 325 Brown Road South • Butler moved, Paurus seconded, to grant a variance to the subdivision ordinance and � moratorium and approve the request. Motion, • Ayes (4) - Nays (0) . • The Robert Lapinski, 2849 Casco Point Road, SUBDIVISION � request for a subdivision was discussed and 2849 Casco Point Road tabled for lack of information. � � The request of Art Ahlm, 1331 North Arm Drive, BUILDING PERMIT • for a building permit and to add on to existing 1331 North ARm Drive dwelling was referred to the Planning Commission. • � Paurus moved, Butler seconded, to transfer TRANSFER � $30 ,00O.00fran the Liquor Store Account to Liquor to General Fund the General Fund. Motion, Ayes (4) - Nays (0) . • � The proposed resolution on 1975 salaries was 1975 SALARIES tabled until the January 14, 1975 Council � meeting. • The Orono Administrator reported that the Liquor LIQUOR STORE REPORT • Store had a third quarter increase over 1973 of $11, 350. 00. • � The Orono Administrator reported that the Long FIRE ZONE CHANGES � Lake and Wayzata Fire Departments have agreed Long Lake & Wayzata to a boundary change concerning fire zones in � Orono. Long Lake would be adding about 15% more service increase to Orono and Wayzata • service would be decreased. This boundary � change is proposed because of the distance from a fire station to the property involved. � More information will be available January 14 , 1975. � � � � • � . . � ORONO COUNCIL MEETING OF DECEMBER 19 , 1974 Page 5 � Pete Long presented to the Council the Devine DEVINE SEWER PROBLEM sewer problem. • � Butler moved, Massengale seconded, that we put in two grinder pumps. Selection of location ` to be decided between the engineer and property owners. Motion, Ayes (3) - Nays jl) . Councilman � Paurus Nay. � Butler moved, Massengale seconded, that the FINANCE BOOKS � finance books be left open until January 14, 1975 for the purpose of paying 1974 bills. � Motion, Ayes (4) - Nays (0) . • ! The Orono engineer presented the Council with LONG LAKE SE�aER CAPACITY a letter on the Long Lake sewer capacity. It � was referred to the Planning Commission for study of land use. � � Councilman Gary Welsh arrived. � Minnetonka Beach is ready to discuss the sewer MINNETONKA BEACH SEWERS • agreement between Minnetonka Beach and Orono . on sewer hookup. A progress report is being � compiled. � Mayor Searles announced that there will be a WORK SESSION work session with the Planning Commission, Park January 7, 1975 � Commission, and Human Rights Commission on plans, programs and policies for 1975 to be held on • January 7, 1975 at 7: 30 P.M. at the Council • Chambers. � Mayor Searles suggested voting on each section ADOPTIOPd OF ZONING � of the amendment to the Zoning Code individually AMENDI�ZENT beginning with Section l. � The Council reviewed Section 1 and decided there SECTION 1 • was no need for any changes. � Butler moved, Paurus seconded, approval of � Section l. Motion, Ayes (5) - Nays (0) . • The Council reviewed Section 2. SECTION 2 � 31.104 Welsh moved, Searles seconded, to change � 31.104 from fifty percent to seventy-five � percent (75%) , and -ko approve Section 2 with that change. Motion, Ayes (5) - Nays (0) . � � • � � ORONO COUNCIL MEETING OF DECEMBER 19 , 1974 Page 6 � The Council reviewed Section 3. SECTION 3 � Butler moved, Welsh seconded, to approve � Section 3. Motion, Ayes (5) - Nays (0) . , The Council reviewed Section 4. SECTION 4 � Butler moved, Welsh seconded, to approve � Section 4. Motion, Ayes (5) - Nays (0) . • Searles called attention to Section 5, Chapter SECTION 5 34. 621 and asked if there were any questions � from the floor. No response. � Butler moved, Welsh seconded, to approve � Section 5, as amended. Motion, Ayes (5) - Nays (0) . � The Council reviewed Section 6. SECTION 6 • 35. 011 Section 6, 35. 011, Paurus pointed out exclusion � of "pet shop" and recommended it be included • as a permitted use. � The Orono attorney recommended changes in the wording of Section 35.150, 35. 190, and 35. 192 � in order to clarify ambiguities and to insure � compatibility of these provisions with other sections of the municipal code. � After Council review of the proposed changes, � Welsh moved, Massengale seconded, to approve ! Section 6 as amended by the proposed changes. Motion, Ayes (5) - Nays (0) . � � The Council reviewed Section 7. SECTION 7 � Butler moved, Welsh seconded, to approve Section 7. Motion, Ayes (5) - Nays (0) . � � The Council reviewed Section 8. SECTION 8 � Butler moved, Searles seconded, to approve Section 8. Motion, Ayes (5) - Nays (0) . � � The Council reviewed Section 9. SECTION 9 � Welsh moved, Butler seconded, to approve � Section 9 . Motion, Ayes (5) - Nays (0) . � � � • � � ORONO COUNCIL MEETING OF DECEMBER 19 , 1974 Page 7 � The Council reviewed Section 10. SECTION 10 � Butler moved, Searles seconded, to approve Section 10. Motion, Ayes (5) - Nays (0) . � The Council reviewed Section 11. SECTION 11 � � Butler moved, Massengale seconded, to approve Section 11. Motion, Ayes (5) - Nays (0) . • The Council reviewed Section 12. SECTION 12 � Butler moved, Searles seconded, to approve • Section 12. Motion, Ayes (5) - Nays (0) . • Van Nest and Guthrie indicated on the map the SMITH'S BAY TEXACO � changes which have been made as a result of the B-1 Public Hearing. Changes are that the proposed � LR-lA zoning of the present B-1 zone that is . currently in commercial use by Smith' s Bay Texaco will remain B-1. � The southwest corner of Blaine and County Road B-1 � #15, which was to be rezoned LR-1C will remain Sales - Commercial B-1 sales, commercial. • • Massengale moved, Butler seconded that the changes described above for the Smith' s Bay � Texaco station and the southwest corner of Blaine and County Road #15 be approved. Motion, � Ayes (5) - Nays (0) . � Welsh moved, Massengale seconded, to approve USE DISTRICT BOUNDARIES the zoned boundaries as presented at the Public ♦ Hearings with the two changes above mentioned. Motion, Ayes (1) - Nays (1) . Councilman Butler � objecting to the Maxwell Bay rezoning only. • The Council then reviewed the entire zoning ADDITIONS & DELETIONS • amendment. � Welsh moved, Butler seconded, to approve all � th� amendments with the above additions and deletions, as previously discussed, to the � zoning code of the Village of Orono. Motion, Ayes (5) - Nays (0) . � Massengale moved, Welsh seconded, to approve OFFICIAL ZONING MAP • the official zoning map. Discussion followed • with Butler not in favor of rezoning on D4axwell Bay only. Motion, Ayes (4) - Nays (1) . Council- � man Butler Nay, objecting only to the Maxwell � Bay rezoning. • � • �, ORONO COUNCIL MEETING OF DECEMBER 19 , 1974 Page 8 � Paurus moved, Butler seconded, that the documents and Minutes leading to zoning decisions should be � made part of the Minutes. ��tion, Ayes (5) - � Nays (0) . , ANNEX "A" � BIBLIOGRAPHY AND REFERENCES . In addition to the input of the many Public Hearings, the many Council and Planning � Commission meetings and work sessions, the Council in its decision to adopt this amendment � has relied upon the documents listed below and others listed in the Minutes of these meetings. � This list of references and source material is a basic part of the decision to adopt this amendment � and each document listed herein and each document • listed in the Minutes of those previous meetings is hereby incorporated as a part of these Minutes. � General � Brauer & Associates - Report #1 "Community Analysis" • (1972) Brauer & Associates Report �2 "Community Seminars" � (1972) Brauer and Associates, "Orono Continuing Planning" -- � IDS Review -- January, 1973 Brauer and Associates Traffic Study -� � Barton Aschman Associates (for IDS) "Traffic � Analysis" June, 1972 Minnesota Department of Natural Resources "Classification � Scheme for Public Waters" April, 1971 League of DZinnesota Municipalities, "Planning Commissions -- � Notes and Ordinances" August, 1971 Metropolitan Council - "Housing Policy Plan Program" � June, 1973 • Population � Metropolitan Council, "Population Estimates as of April 1, 1974" McCombs-Knutson Associates "Estimate for Orono" March 13, 1974 • Pollution Control � Minn. Pollution Control Agency "Harza Studies" January, 1971 � LMCD "Policy Statement" October, 1968 (and amended Nov. 1968) LMCD "Policy Statement" April, 1972 • University of Minnesota Luminological Research Center "Study • on Lake Minnetonka" December,-1970 Minn. Pollution Control Agency - "Water Quality" (undated) � Metropolitan Council -- "Five year Capital Improvement Program for Sewage Facilities" -January, 1974 � Village of Orono "Comprehensive Sewer Plan (undated) LMCD - "Policy Letter -- Maxwell Bay" December, 1973 � Hennepin County -- Department of Public Works -- "Lake Usage of Lake Minnetonka" November, 1973 • � � � � ORONO COUNCIL MEETING OF DECEMBER 19 , 1974 Page 9 �� Erosion and Sediment Control U.S. Department of the Interior -- Urban Soil Erosion � and Sediment Control May, 1970 LMCD "Storm Water Run-off Policy" March, 1972 � LMCD "Setter of September 26 , 1973, quoting Federal ! Water Quality Administration" _ U.S. Environmental Protector Agency - "Control � of Sediments from Highway Construction and Land Development"September, 1971 � Eugene A. Hickok and Assoc. -- "Surface Water Management Plan "Study for Orono" September 19 , 1974 � Minnesota Department of Conservation "Statewide Standards and Criteria for Management of Shoreland Areas in • Minnesota" June, 1970 • McCombs-Knutson Assoc. "Report of Soil and Water Analysis - City of Orono July, 1974 � William T. Mills Orono Village Engineer "Future Commercial Water Needs for Fire Protection" March 1973 � Metropolitan Council - "Metropolitan Development Guide Open Space Policy Plan, Program: March 1973 � Metropolitan Council - "Protection of Open Space" August 1973 Hennepin County Department of Public Works (Roads) - "Revisions • in the Northwestern Lake Minnetonka Area" April 1974 . Real Estate Law Journal - "Proposal for the Separation and Marketability and Development Rights as a Technique to � Preserve Open Space" - (Jerome C. Rose) Winter, 1974 ` Housing � Metro Council - "Housing Estimates and Inventory 1972" September 1973 Metro Council - "Major Construction in the Twin Cities Metropolitan � Area, January-June 1983" August 1973 Metro Council - "PUD-Trends and Experience in the Metropolitan Area" + February, 1974 Metro Council - "Housing Policy Plan, Program" , June, 1973 • Transit � Metropolitan Transit Commission - "Annual Report, 1973" � Metropolitan Transit Commission - "Transit Development Program - Summary of Action 1973-1990" February, 1973 � Metropolitan Transit Commission - "Transit Facts" , December, 1973 � Other � Development Framework Chapter of the Metropolitan Council, December 10, 1974 Report of B-2 Committee as adopted by the Planning Commission - � Work Session Minutes of December 4, 1974 � Searles stated that the information on classification B-2 USES � of Orono' s B-2 uses, needs more thought. New information and input will reopen this before the � Council. � At this time, a letter of protest from North Shore NORTH SHORE DRIVE � Drive Marina regarding the rezoning of their MARINA LETTER property was presented to Council. � � ORONO COUNCIL MEETING OF DECEMBER 19 , 1974 Page 10 � The marina licensing proposed ordinance was next MARINA LICENSING on the age�da. � The Council reviewed the proposed amendment. The Orono attorney recommended changes in the wording of several sections of the proposed amendment in order to clarify ambiguities and t to insure compatibility of these provisions • with other sections of the Municipal code. � Butler felt 73.110 was being changed to rather harsh legal language and she felt we should � make sure that marinas know that variances are obtainable. � Massengale moved, Searles seconded, that the � proposed amendment to Chapter 73 of the code, , with the above changes, be adopted. Motion, Ayes (5) - Nays (0) . � Documents & Minutes ori Decision of Marinas • BIBLIOGF2APHY AND REFERENCES � In aaa�t��n to the input of the many Public � fiearings, the many Council and Planninq Commission meetings and work sessions, the � . Council in its decision to adopt this amendment � has relied upon the documents listed below �rid others listed in the Minutes of these meetings. This list of references and source material is a � basic part of the decision to adopt this amendment , . and each document listed herein and each document listed in the Minutes of those previous meetinc�s � is hereby incorporated as a part of these Minutes. � General � Brauer & Associates - Report #1 "Community Analysis" (1972) ' Brauer & Associates Report �2 "Community Seminars" (1972) , � Brauer and Associates, "Orono Continu.ing Planninq" -- IDS Review -- January, 1973 I � Br.auer and Associates Traffic Study -- Nov. 15 , 1972 � Barton Aschman Associates (for IDS) "Traffic Analysis" June, 1972 � Minnesota Department of Natural R�sources "Classification Scheme for Public Waters" April, 1971 � League of r4innesota Municipalities, "Planniny Commissions -- � Notes and Ordinances" August, 1971 Metropolitan Council - "Housing Policy Plan Program" , June, 1973 . � Population Metropolitan Council , "Population EstimatEs as of April 1 , 1.974" 7 McCombs-K�lutson Associates "Estimate for Orono" Mareh 13, 15"74 �;�<' . , �N , . • ` ' �► I �_ _ . , pollution Control �� Minn. Foll>>tion Contro2 Agency "Harza Studies" �anuary, 1971 Page 11 �# _;;� LMCD "Poli�:�� Statement" October, 1968 (and amended Nov, 1968} �'�,, LMCD "Polic�� Statement" April, 1972 _ " University of Minnesota Ltiminological Research Center "Study on Lake Minnetonka" December, 1970 � Minn. Pollution Control Agency -- "�aater Qua�lity" (undated) Metropolitan Council -- "Five year Capital .Tmprovement Proyram for Sewage Facilities January, 1974 Village of Orono "Comprehensive Sewer Plan (undated) ••. � LMCD - "Policy Letter -- Maxwell Bay" December, 1973 Hennepin County -- Department of Public Works -- "Lake Usage of � Lake �9innetonka" November, 1973 ! ' ..- Erosion and 5eciiment Control � U.S . Depart.ment of the Interior -- Urban Soil Erosion � and Sediment Control May, 1970 LMCD "Storm Water Run-off Policy" March, 1972 LMCD "Setter of September 26 , 1973, quoting Fc�deral Water Quality Adm.inistration" U.S. Environmental Protector Agency -- "Control . of S�diments from Highwa}� Construction arid Land � Develapment"Septeml�er, 1971 - Eugene A. Hickok and Assoc. -- "Surface Water Management ' Plan "Study for Orono" September 19 , 1979 Minriesota Department of Conservation "Statewide Standards and Criteria for r4anaqement of Shoreland 1lreas in ; ,:, Minnesota" June, 1970 McComb�-Knutson Assoc, "Report of Soil and Wat�r Analysis - City of Orono July, 1974 Williar� T. Mills Orono Village Ennin�er "Future Corrunercial � Water Needs for Fire Protection" Marr.h 1973 Metropolitan Council - "Metropolitan Development Guide Open Space Policy Plan, Program: March 1973 Metropolitan Council - "Protection of Upen 5pace" August 1973 Hennepin County Department of Public Works (Roads) - "Revisions in the Northwestern Lake Minnetonka Area" r'1��ril 1974 Real Estate Law Journal - "Proposal for the Separation and _ � Marketability and Development Rights as a TechniquE: to Preserve Open Space" - (Jerome C. Rose) Wint.er, 1974 • Housing Metro Council - "Housing Estimates and Inventory 1972" September 1973 Metro Council - "Major Construction in the Twin Cities Met.ropolitan Area, January-June 1983" August 1973 � Metro Council - "PUD-Trends and Experience in the Metropolitan Ar�;a" � February, 1974 Metro Council - "Housing Policy Plan, Program" , June, 1973 � Transit Metropolitan Transit Commission - "Annual Report, 1973" Metropolitan Transit Commission - "Transit Development Pragrarn - Summary of Action 1973-1990" February, 1973 Metropolitan Transit Commission - "Transit Facts" , December, 1'973 Other Development Framework Chapter of the Metropolitan Covncil, Decembcr 10, 1974 Report of B-2 Committee as adopted by the Planning Commission - Work Session Minutes of December 4 , 1974 '�, : � _ r � ' � ORONO COUNCIL MEETING OF DECEMBER 19, 1974 Page 12 " It was then noted that the Zoning Amendment be adopted. Welsh moved, Butler seconded, that Ordinance ORDINANCE NO. 172 No. 172, Zoning Amendment, be adopted. Zoning Amendment r� � Motion, Ayes (5) - Nays (0) . � � Massengale moved, Searles seconded, that ORDINANCE NO. 173 Ordinance No. 173, Marina Licensing, be Marina Licensing ' , adopted. Motion, Ayes (5) - Nays (0) . � The Council directed the Orono engineer to OFFICIAL ZONING MAP � draw up an official zoning map. � . Paurus moved, Butler seconded, that the All Fund Accounts 17981 through 18068 and Liquor � Store Accounts 10395 through 10416 , be paid. Motion, Ayes (5) - Nays (0) . Paurus moved, Butler seconded, that the meeting ADJOURNMENT be adjourned at 11: 35 P.M. Motion, Ayes (5) - � Nays (0) . f�.�,�� , L a-c=� �a � Robert L. Searles, Mayor � � �--'' Attest: i' G��f �� taalter R. Bens , Clerk-Administrator � r � , � � �