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HomeMy WebLinkAbout06-24-1975 Council Minutes� � , ' • � CITY OF ORONO � Regular t�Ieeting of the Orono Council, 7035 P.M. June 24, 1975 � The Orono Council met on the above date � with the following members presenta r�ayor Searles, Councilmen Butler, Massengale, �' Paurus, and Welsh. • � Butler movedo Piassengale seconded, that the MINUTES T�Zinutes of the Regular Meeting of P�Iay 27, 1975, May 27, 1975 � be approvede I�otion, Ayes (5) - Nays (0) . • Paurus moved, Butler seconded, to reconsider RECONSIDER MOTION � the motion acted on May 27, 1975 for Change Change Order #1 � Order #1, 73-1. A4otion, Ayes (5) - Nays (0) e � Butler moved, P�lassengale seconded, to condition NEi�1 MOTION the payment of $2,521095 for the regrading of Change Order #1 � I�ackberry Hill on staff review and approval, Y�iotion, Ayes (5) - Nays (0) . i r Butler moved, Paurus seconded, that the P•�INUTES � I�linutes of the Regular Meeting of June 10, June 10, 1975 �1975, be approved. P�Zotion, Ayes (5) - Nays (0) , � Butler moved, Massengale seconded, that the MINUTES i�inutes of the Work Session of June 17, 1975, June 17, 1975 � be approved. PZotion, Ayes (5) - Nays (0) . • r I3utler moved, Massengale seconded, that ORDINANCE NO. 177 Ordinance No. 177, An Ordinance To Amend The Antenna � Nunicipal Code Of Orono By Amending Section 38,900, And By Adding Sections 34°033, 34.048, • 35.029, 35.038 And 36.021, be adopted. A2otion, • Ayes (5) - Nays (0) . � IKayor Searles announced that Councilperson HUAZAN RIGHTS COMMENTS � P�Iary Butler, assisted by Donna Carlton, will Housing Inventory initiate a housing inventory study for the • City of Orono and should be completed this fall. • Butler moved, t�elsh seconded, that a variance � for Iot area and width for Redfield Homes, 2685 Pheasant Road � 2685 Pheasant Road, be referred to the �Planning Commission. rZotion, Ayes (5) - Nays (0) o � Iiutler moved, Welsh seconded, that the sub- SUBDIVISION division request of Roger Patch, be referred Roger Patch � to the Planning Commission. Motion, Ayes (5) - Nays (0) . � � , OROiVO COUNCIL %���EETING HELD JUNE 24, 1975 Page 2 � Butler moved, Welsh seconded, that a variance VARIANCE for Robert Birkeland, 4500 North Shore Drive, 4500 North Shore Drive � be referred to the Planning Commissiono Motion, w Ayes (5) - Nays (0) . • Butler moved, 6�elsh seconded, that a rip rap RIP RAP PERPZIT • permit for Dennis Sullivan, 3133 Casco Circle, 3133 Casco Circle be referred to the Planning Commission. r�otion, � Ayes (5) - Nays (0) . • � Butler moved, Welsh seconded, that a rezoning REZONING request for Cheyenne Land Company and Richard 100 Orono Orchard Road � Neslund, 100 Orono Orchard Road, be referred to the Planning Commission. T�qotion, Ayes (5) - • Nays (0) , � � T�utler moved, [�lelsh seconded, that platting for PLATTING the Scott property, 2040 Shoreline Drive, for 2040 Shoreline Drive � Ralph Burnett, be referred to the Planning Commissione Tlotion, Ayes (5) - Nays (0) o • • Butler moved, 4Jelsh seconded, that a variance for HARDCOVER & SETBACK • lakeshore setback and hardcover for Muriel Senn, VARIANCE �4448 North Shore Drive, be referred to the Planning 4448 North Shore Drive Commissione Motion, Ayes t5) - Nays (0) a • Butler moved, Welsh seconded, that a conditional CONDITIONAL USE PERT-ZIT • use perniit for a Day Care Center for the Good 3745 Shoreline Drive Shepherd Lutheran Church, 3745 Shoreline Drive, � be referred to the Planning Commission, Motion, + Ayes (5) - Nays (0) . � Butler moved, Welsh seconded, that a subdivision SUBDIVISION � for Edcaard Lehman, 3525 Shoreline Drive, be 3525 Shoreline Drive referred to the Planning Commission, P�Zotion, • Ayes (5) - Nays (0) . • � IIutler moved, Welsh seconded, that the elevation WAREI30USE and site plan for a warehouse addition for Robert 2685 �aayzata Boulevard � Day, 2685 �Jayzata Boulevard, be approved. Motion, Ayes (5) - Nays (0) . � • Henry Niuhich, Zoning and Building Administrator, HENNEPIN COUNTY • presented information on an evaluation by the TRANSPORTATION STUDY Planning Commission of the Hennepin County �ransportation Studyo Copies will be sent to c�iro Craig Spencer, Chairman of the Hennepin � County Transportation Study, • � � , ORO�10 COUNCIL tZEETING HELD JUNE 24, 1975 Page 3 � Welsh moved, Butler seconded, to approve an NATURE CONSERVANCY SIGiJ identification sign for the Nature Conservancy � on Ferndale marsh property on County Road #15 � at Ferndale Road, subject to a 10' setback from the right-of-way. P4otion, Ayes (5� - Nays (0) , • • Mr. Louis Oberhauser representing Mr, Norman HERRICK CIRCLE Nafstad, presented the Herrick Circle proposal � to the City Council noting the geographic � location in reference to the surrounding area, stating that the neighbors are not opposed to � the development as they are to the precedent of what any rezoning action might involve. P4r, Ray � Dittrich, an area resident, did object to a dwelling cluster effect, and to the domino • precedent that might be established. � i�ir, Oberhauser requested Council approval to � proceed with the developmente � Massengale moved, Butler seconded, to table the Herrick Circle development until July 8, 1975 • to allow additional staff input to review and consider utility trunk line ownership, utility � agreements, and home ownership covenance agreements, D�otion, Ayes (5) - Nays (0) . �Paurus m v o ed, Butler secondedo to request staff HACKBERRY HILLS SEWERS � to prepare a document requesting the Hackberry Hills residents who will have public sewer � available to connect as soon as possible, This • is recommended because of raw sewerage discharging into the public streets, neighborhood park, and � private yards creating a health, safety, and welfare hazard. • This will be accomplished after all required � infilteration tests have been passed and the sewer lines have been approved for public usea � Motion, Ayes (5) - Nays (0) , • � P�ir. Henry P�2uhich, Zoninq and Building Administrator, TYLER PROPERTY presented a status report regarding the Tyler 3510 Ivy Place � property, 3510 Ivy Place. • • i'4r o Henry l�iuhich, Zoning and Building Administrator, SEPTIC SEttiIER PROBLEr�3 presented a status report regarding a septic 555 North Ferndale � system problem of William Blodgett°s, 555 North �Ferndale Road. • PZayor Searles announced that a petition has been HIGH WATER presented to the Department of Natural Resources Lake Minnetonka � from the Lake P�innetonka Conservation District to determine ordinary high water on Lake tZinnetonka, � ORONO COUNCIL MEETING HELD JUNE 24, 197� Page 4 � . , Welsh moved, Paurus seconded, to refer the NORTH SHORE MARINA � iJorth Shore Marina building permit to the Building Permit Planning Commission for study. P�otion, � � Ayes (5) - Nays (0) e � Paurus moved, Welsh seconded, to extend North MARINA LICENSE Shore Drive marina license to July B, 1975v North Shore Drive � T�7otion,Ayes (5) - Nays (0) . � Paurus moved, i�Velsh seconded, to extend North T�ZARINA LICENSE • Star Marina license to July 8, 1975. Motion, North Star Marina . Ayes (5) - Nays (0) . � Paurus moved, 6Velsh secondedo to extend Gayle°s T��IARINA LICENSE � P�arina license to July 8, 1975. Motion, Gayle's Marina Ayes (5) - Nays (0) . • � rZr, Henry Muhich, Zoning and Building Administrator, STREET VACATION � presented a status report regarding vacation of S05 Orchard Park Road street right-of-way for Robert Eckert, 505 Orchard * Park Road. � ti•aelsh moved, Butler seconded, to approve a variance VARTANCE for a front and side yard setbacks for Richard 1520 Long Lake Boulevard ` Petrin, 1520 Long Lake Boulevardo Motion, Ayes (5) - Nays (0) , • � Welsh r�oved, Butler seconded, to approve a CONDITIONAL USE PERMIT & conditional use permit and variance for Robert VARIANCE � Compton, 4545 6�latertown Road, for a stable and 4545 t�7atertocan Road hobby farm, Motion, Ayes (5) - Nays (0) . � i • � Paurus moved, Butler. seconded, to approve a VARIANCE variance for lot area and width for Audrey 567 Park Lane • Overby, 567 Park Laneo subject to: � lo Submitting a surveyo � 2o Removing existing structure. • Tlotion, Ayes (5) - Nays (0) . � � �'�utler moved, Welsh seconded, to approve a lot LOT SPLIT & CONIBINATIOTJ �split of Lot 61 and combination of remaining 100 �rono Orchard Rd, & Lot 61 and Lot 62 as one parcel and waiving 95 Smith Ave. Chapter 39 and 10� park dedication fees, subject r �t.o 0 • Survey being filed, T�totion, Ayes (5) - Nays (0) . ORONO COUNCIL MEETING HELD JUNE 24, 1975 Page 5 � , Butler moved, welsh seconded, to approve a VARIANCE variance for Richard �lright, 4045 Elm Street, 4045 Elm Street � conditioned one 1. Submitting survey of property before building permit is applied for, � 2. Lots 4,5,6 be combined into one loto � 3, No other variance be applied for. � 4q Building will no� be occupied until sewer is availablee • . A4otion, Ayes (5) - Nays (0) , � Searles moved, Welsh seconded, to approve a CONDITIONAL USE PERT�IIT � conditional use permit for Dr. Richard Woellner, Big Island IIig Island, conditioned on adoption of a � resolution by the City Council July 8, 19750 Motion, Ayes (4) - Nays (1) , Councilman • P�assengale Naye � � Searles moved, Butler seconded, to reconsider RECONSYDER MOTION motion of P�ay 13, 1975 to reduce the Planning Reduce P�tembership Commission from eleven to nine members effective Planning Commission July 1, 1975, to read, "to reduce the Planning Commission membership to nine members with the next two vacancies resulting from resignations � or term expirations" . Motion, Ayes (5) - Nays (0) . � � Butler moved, Searles seconded, that the ordinance APiEND ORDINANCE be changed to reduce the Planning Commission Planning Commission � membership to nine membersa Motion, Ayes (5) - Membership Nays (0) . � � Butler moved, P•Zassengale seconded, to appaint APPOINTMENT Gretchen Hallowell as Orono's representative Joint Trails Committee to the Joint Trails Committeeo P�Iotion, Ayes (5) - � Nays (0) o � Searles moved, Butler seconded, to approve Orr- ASSESSMENT ROLL - 73-1 � Schelen-rZayeron & Associates, Inc, estimated Estimate . cost not to exceed $8y000 for preparing the Orr-Schelen-P�gayeron assessment roll for the 73-1 sewer construction � project. P�otion, Ayes (5) - Nays (0) 0 Butler moved, Paurus seconded, to authorize the SNOWMOBILE TRAIL FUNDI�IG �staff to proceed with preparation of the snowmobile trail application for funding a snowmobile trail � connecting Stubb°s Bay with the Luce Line DNR Trail, Duration of approval is contingent upon conformance of the uses to applicable ordinances of the City, Motion, Ayes (5) - Nays (0) , ORONO COUNCIL P�IEETING HELD JUNE 24, i975 Page 6 In reference to the Glen Sauer complaint, GLEN SAUER DRAINAGE 4104 Highwood Road, the following data had COMPLAINT � been revieweds 4104 Highwood Road �Zr. Sauer's north property line consists of a low area that contains a drainage ditch that drains a considerable watershed area to Lake Minnetonka. The natural drainage ditch drains to a 24" culvert located on Highwood Road, which � at an earlier date, private individuals have connected to an 8" private drain tile. This tile does empty into Lake Minnetonka. The reason for the 8" tile being constructed was to prevent erosion which occurs when surface drainage of a natural watershed drains on a 5-7o slope. The tile line which was installed 10-20 years � ago, does function. When heavy rains develop, � it cannot adeguately carry all the water received from a 24" c�lvert and a seven acre watershed; consequently, water does build up and stand on PZr. Sauer's property. His low area does drain when the watershed ceases to receive water from up streamo The only solution, which has been relayed to Nira Sauer, is a public storm sewer constructed o:z a public easement, which can be maintained proper�yo He will take thi� t����r � ' -°.��^�:�t. . - -. .. ... Butler moved, Paurus seconded, to adopt RESOLUTION #613 Resolution #613 Supporting Request For Design- Minnetonka Beach ation Of Orono Sewer Serving P4innetonka Beach Interceptor * ns A T�7etropolitan Interceptoro P•Zotion, Ayes (5) - Nays (0) . Paurus moved, Butler secondedo to request METRO-ORONO SEWER LINE� staff and Orr-Schelen-P�layeron, consulting engineers, to proceed with negotiations with the I�Ietropolitan Council and rsetropolitan � Sewer Board as required to finalize rletropolitan acquisistion of Orono sewer lines serving IZinnetonka Beache ri�otion, Ayes (5) - Nays (0) . r � Paurus moved, Butler seconded, to adopt RESOLUTION ##614 Re�olution #614 Pertaining To $1,700,000 Ordering Assessments Sanitary Sewer Improvement Project 73-1 To Be 73-1 P_ssessed And Ordering Preparation Of Proposed �pssessment. Motion, Ayes (5) - Nays (0) , The City Council requested the City Attorney ATTORNEY'S REPORT to place the park fees, bike/hike trails, 26° Next Agenda wetland setback on the next agenda when at that ti�e they will consider ordinances relating to tl�ese requirements. ORONO COUNCIL MEETING HELD JUNE 24, 1975 Page 7 Paurus moved, Butler seconded, to approve request WAIVE ASSESSMENTS for waiver of special assessments for Mr. Roger 4455 Forest Lake � Karines, 4455 Forest Lake Landing, not to exceed Landing $200.00. Motion, Ayes (5) - Nays (0) . Mr. Bruce Malkerson, Orono City Attorney, ENCROACHMENT discussed the progress of the Tom Betz encroach- 3775 Bayside Road ment, 3775 Bayside Road. The City Attorney � will determine who the owner of the right-of-way easement is. Searles moved, Butler seconded, that effective 3775 Bayside Road June 24, 1975 , all costs of this vacation at 3775 Bayside Road shall be borne by the applicant, Tom Betz. Motion, Ayes (5) - Nays (0) . Mr. Bruce Malkerson, Orono City Attorney, VACATION discussed status of Charles Spear vacation, 3640 Bayside Road 3640 Bayside Road, and that the Quit Claim Deed will be prepared and ready for City processing in the near future. Mr. Bruce Malkerson, Orono City Attorney, CRYSTAL BAY ACCESS discussed the Crystal Bay access matter and � informed the City Council that Mr. & Mrs. Gene S. Rome, 3685 North Shore Drive, have been notified to remove their fence that blocks a lake access adjacent to their property; that staff and City Engineer were re�uested to check the surveys and see that the fence is located on determined property lines accordingly. Massengale moved, Butler seconded, to instruct RIGHT-OF-ENTRY the City Attorney to proceed with the right-of- AGREEMENT entry and construction agreement with Mr. Allen Mr. & Mrs. Fox H. Fox and Mrs. Helen B. Fox as contained within the agreement and exhibit A & B. Motion, Ayes (5) - Nays (0) . Mr. Bruce Malkerson, Orono City Attorney, EISINGER LANDFILL informed the City Council that the Eisinger matter, in reference to his application for a variance for a demolition landfill which is before the Pollution Control Agency, has been postponed until July ?, 1975. At that time, the City will be represented to present their conclusions and recommendations on the matter. � ORONO COUNCIL P4EETING HELD JUNE 24, 1�75 Page 8 S�arles moved, Massengale seconded, that Ordinanae ORDINANCE N0. 178 No. 178, An Ordinance To Amend The Municipal Code Abandoned Vehicles & Of Orono By Adding A Chapter - Relating To The Confiscated Property � Custody And Disposal Of Unclaimed And Confiscated Property And Abandoned i4otor Vehicles And The Disposition Of Proceeds Therefrom, be adopted. Motion, Ayes (5) - Nays (0) e �.�urus moved, taelsh seconded, to approve improving HACKBERRY PARK , the drainage at Hackberry Park by installing catch DRAINAGE basins and culverts at Willow Drive at an estimated cost of $3,200 which will be charged to the current Park and Recreation Budget, and also to accept the offer of the Orono Optomists Club to develop recreational facilities at no cost to the City and with Park Co�nmission approval. t7otion, Ayzs (5) - Nays (0) . Butler moved, Welsh seconded, to appoint Phyllis EP�iPLOYt�iENT Wilson to the position of Zoning and Building Phyllis Wilson secretary, effective June 23, 1975, at a salary of $650 per month. Motion, Ayes (5) - Nays (0) . Massengale moved, Welsh seconded, to accept the RESIGNATION - resignation of Carrol Ryerson, Building and Carrol Ryerson Zoning secretary, effective June 27, 1975, with � deep regret. tZotion, Ayes (5) - Nays (0) o Butler moved, Welsh seconded, to approve researching PUBLIC OFFICIAL costs for Public Official Liability Insurance LIABILITY INSURANCE through the City's insurance agency, Roger Hennessy, Inco r4otion, Ayes (5) - Nays (0? . Butler moved, Massengale seconded, that Resolution RESOLUTION #615 #615, A Resolution Approving Issuance Of On And Navarre Lanes License Off Sale 3.2 Beer Licenses And Setup License, Navarre Lanes, Inc. , be adoptede Motion, Ayes (5) - Nays (0) . Butler moved, T�Iassengale seconded, that Resolution RESOLUTION #616 #616, A Resolution Approving Issuance Of Liquor Unicorn Supper Club And Sunday Liquor Licenses, Unicorn Supper Club, be adopted. Motion, Ayes (5) - Nays (0) s Butler moved, Searles seconded, to adopt Resolution RESOLUTION #617 #617 Approving The Issuance Of On nnd Off Sale 3.2 Stubb' s Bay Cafe Beer And Setup License For Stubb°s Bay Cafe, subject License � to the following conditionse 1. Minors not allowed on premises, or 2. Make structural change to completely close off recreation room from other structureo P�Zotion, ?:yes (5) - Nays (0) , ORONO C�UNCIL MEETING HELD JUNE 24, 1975 Page 9 Massengale moved, Butler seconded, that Resolution RESOLUTION #6I8 � #618, A Resolution Approving Issuance Of On And Beer, Setup & Liquor Off Sale 3.2 Beer Licenses, Setup Li�enses, and Licenses Liquor Licenses, be adopted. Motion, Ayes C5) - Nays (0) . Butler moved, Paurus seconded, to grant a variance S�RING HIT,L CONF�RENCE to the large assembly ordinance and waive the CENTER CONCERT $50.00 permit fee to the Spring Hill Conference Center for a concert. Motion, Ayes (5) - Nays (0) . Massengale moved, Paurus seconded, to approve POLICE SELECTION $200.00 allocation of funds as Orono's share to SiANDARDS support the Metropolitan Areas Managers Association Police Selection Standards Study. Motion, Ayes (5) - Nays (0) . Mayor Searles announced that the Department of DNR PUBLIC HEARING Natural Resources will hold a public hearing Shoreland Regulations July 16, 1975 at 12:30 P.M. at the St. Paul Vo-Tech Institute concerning adoption of Rules and Regulations governing municipal shoreland zoning ordinances. These proposed rules do include a 1,000 foot setback from all municipal � shorelines. Welsh moved, Butler seconded, to officially CHANGE MEETING DATES change the regularly scheduled Council meetings from the second and fourth Tuesdays of each � month to the second and fourth Mondays of each month effective the fourth Monday of July, which is July 28, 1975. The first official Council meeting in July shall be the second Tuesday, July 8, 1975. Motion, Ayes (5) - Nays (0) . Massengale moved, Butler seconded, to approve BID AWARD the bid of $12,270 for a 3-5 ton static roller Steel Roller and trailer to Hayden-Murphy Company, 930 Bloom- Hayden-Murphy ington, Minneapolis, Mn. Borchett-Ingersoll, Inc. , Hall Equipment Company, and Ruffridge-Johnson Company were non-responsive in that they did not meet specified reguirements for a 3-5 ton static steel roller. Motion, Ayes (5) - Nays (0) . Welsh moved, Butler seconded, to adopt Resolution RESOLUTION #619 ;#6I9, A Resolution Outlining Redistricting Redistricting � Criteria To Be Used By The Hennepin County Board Of Commissioners, Motion, Ayes (5) - Nays (0) . � � O�tONO COUNCIL MEETING HELD JUNE 24, 1975 Page 10 � Butler moved, Searles seconded, to adopt RESOLUTION #620 � Resolution #620, A Resolution To Amend Article W.H.H.S.P.B. #3 And Article #4 Of The Joint Agreement Of � The west Hennepin Human Services Planning � Board Allowing The City Of Deephaven As A Member And Increasing The Size Of The Board � Accordinglyo Motion, Ayes (5) - Nays (0) . • Butler moved, Welsh seconded, to accept the RESIGNATION • resignation of Shirley Nelson finance depart- Shirley Nelson • me^t posting clerk. Motion, Ayes (5) - Nays (0) . � Butler moved, Welsh seconded, to grant a LARGE ASSEMBLY � variance to the large assembly orc�inance and St. Martin's By The Lake waive the $50.00 permit fee for Sto Martin°s � By The Lake Church £or � county fair to be held at the Minnetonka Arts & Education Center. • Motion, Ayes (5) - Nays (0) . • � Paurus moved, Welsh seconded, directing staff CONTRACTOR'S ESTIMATE to withhold Northdale Construction Contractor's �8 - Northdale Const. � Estimate #8 in �he amount of $48,856.36 for the 73-1 se�ver project until the sequence of � restoration for all the areas have been � designated as to when restoration will begin and when it will be completed. This schedule � will be submitted to the City staff for approval. Motion, Ayes (5) - Nays (0) e • � Mr. Bruce Malkerson, Orono City Attorney, NAVARRE PROPERTY OWNERS dis�ussed status of "a group of Navarre • property owners" who through their legal � representatives express concern for the zoning of their properties. This matter will � be entered on future agendas when more information is available as to who the � p:�operty owners are and what their particular concerns are. • • The ti�illow Drive, MSA report is deferred until WILLOW DRIVE - MSA � the meeting of July 8, .975, due to incomplete information. • � The DNR railroad bridge at Orono Orchard DNR RAILROAD BRIDGE Road status was deferred until the meeting Orono Orchard Road • of July 8, 1975, due to incomplete information. � � Butler moved, Massengale seconded, that the BILLS All T'und Accounts 455 through 495 and +9013 June i0, 1975 � through �.3060, and Liquor Store Accounts 10699 through 10721, be paid. Motion, � Ayes (5) - Nays (0) . � , . " Od20N0 COUNCIL MEETING HELD JUNE 24, 1975 Page 11 • Butler moved, Massenqale seconded, that the BILLS � All Fund Accounts 497 through 537 and 606 June 24, 1975 � through 670, and Liquor Store Accounts 10722 through 10749, be paid. Motion, Ayes (5) - � Nays (0) . • ButZer moved, Massengale seconded, that the LICENSES • following licenses, be approved: Motion, June 10, 1975 • Ayes (5) - Nays (0) . � Garba e Haulers B ac owiak & on � Woodlake Sanitary Service, Inc. � Richfield Plumbing - Piumber • Butler moved, Massengale seconded that the LICENSE � followinq license, be approved: Motion, June 24, 1975 � Ayes (5) - Nays (0) . � Mound Ple�mbinq Company - Plumber • Welsh moved, Butler seconded, that the meeting ADJOURNMENT • be adjourned at 12:05 A. M. Motion, Ayes t5) - � Nays (0) . • • �� �j � � • � -�� � �� �(;- . �_ �,�t. � Ro ert L. Sear es, Mayor • j""�,-� � - f` � � d Attest: � / ` . �� �--� � Wa ter R. Ben n, C erk-A ini rator • • � • • � � • • �