HomeMy WebLinkAbout07-28-1975 Council Minutes �' � CITY OF ORONO
•
Regular Meeting of the Orono Council, 7:35 P.P�I.
� July 28, 1975
yThe Orono Council met on the above date
� with the following members present: r2ayor
Searles, Councilmen Butler, Aiassengale,
� Paurus, and Welsho
•
Butler nioved, Paurus seconded, to approve MINUTES
• the Minutes of the Regular Meeting of July 8, 1975
� July 8, 1975. Motion, Ayes (5) - Nays (0) .
� Butler moved, Paurus seconded, to approve MINUTES
S the Minutes of the Work Session of July 15, July 15, 1975
1975. P�totion, Ayes (5) - Nays (0) o
•
� Welsh moved, Butler secondedy that the request VARIANCE
� of Loren Fritz, 3845 North Shore Drive, for 38�5 North Shore Drive
a variance for a rear y.ard setback be
� referred to the Planning Commissiono Motion,
Ayes (5) - Nays (0) .
•
• Welsh moved, Butler seconded, that the CONDITIONAL USE PERP�ZIT
request of Don Arneson, 2660 Casco Point 2660 Casco Point Road
Road, for a conditional use permito be
referred to the Planning Commission, �iotion,
Ayes (5) - Nays (0) ,
!
� Welsh moved, Butler seconded, that the request CONDITIONAL USE PERMIT
of Rod Tracey, 2914 Casco Point Road, for a 2914 Casco Point Road
• conditional use permit, be referred to the
� Planning Commission. Motion, Ayes (5) - Nays (0) 0
� Welsh moved, Butler seconded, that a lot size VARIANCE
� variance for Richard Gothmann, 1440 Shoreline 1440 Shoreline Drive
Drive, be referred to the Planning Commissiono
• T�Iotion, Ayes (5) - Nays (0) ,
�
� Welsh moved, Butler seconded, that a lot size VARIANCE
variance for Charles Van Ee�khout, 2720 Ethel 2720 Ethel Avenue
� Avenue, be referred to the Planning Commissiona
Motion, Ayes (5) - Nays (0) .
•
• Welsh moved, Butler seconded, that a lot size VARIANCE
variance for Paul Scherber, 1342 Rest Point 1342 Rest Point Circle
� Circle, be referred to the Planning Commissiona
� i��otion, Ayes (5) - Nays (0) .
• Welsh moved, Butler seconded, that a conditional CONDITIONAL USE PERMIT
use permit for Richard Kennedy, 2435 Scotch Pine 2435 Scotch Pine Lane
� Lane, be referred to the Planning Commissiono
� Motion, Ayes (5) - Nays (0) ,
�. 4�ON0 COUNCIL t�EETING HELD JULY 28, 1975 Page 2
� P��ayor Searles reported on the DNR Public Hearing DNR PROPOSED SHORELII�TE
� concerning proposed Shoreline Guidelines, commenting GUIDELINES
�hat the emphasis was directed to streets and
� parking areas that would encourage unwanted
• hardcover, and public facility setback regulations.
� It was noted the City of Orono has not received a EISINGER LANDFILL REPORT
� final recommendation from the A4innesota Pollution
Control Agency concerning the Eisinger land fill
� application, and that a series of findings and
input from other agencies that relate to the Eisinger
� property have not been fully accurate.
� Paurus moved, Searles seconded, to refer the
� Eisinger matter to the Planning Commission with
all pertinent information. Motion, Ayes (5) -
� Nays (0) o
•
i-�ro Henry P4uhich, Building & Zoning Administrator, NORTH STAR MARINA
� reported to the Council that all but two marinas
� have agreed to the conditions required to the
granting of a licensee It was noted that North
� Star Marina°s use of the dock in Crystal Bay
area is in violation of the present zoning, that
� the area has always been zoned residentialo The
present use is not consistent with the intent of
• the issuance of the original license. It was
� noted that North Star Marina has proposed retaining
the present operation until December 31, 1975 to
� accommodate all reservations.
� Welsh moved, Searles seconded, to allow the NORTH STAR MARINA
present operation until December 31, 19750
• T2otion, Ayes (1) - Nays (4) o Searles, Butler,
Piassengale, and Paurus voting Nay.
•
� Searles moved, Paurus seconded, to instruct the NORTH STAR MARINA
Building & Zoning Administrator to resubmit
� the resolution to North Star P4arina which
shall include the P�Iay 24, 1971 Council Tdinutes.
� IZotion, Ayes (5) - Nays (0) ,
• Dr. David Dunlap, 1595 Bohn' s Point Road, PETITION
� presented a petition to the City Council noting
unauthorized use of residential zoning and
� requesting termination of the commercial or
quasi-commercial boat dockage on Crystal IIay
� and opposing the granting of any further
extension of time for North Star Marina to comply
• �aith existing ordinances.
• Paurus moved, Massengale seconded, to extend the NORTH STAR MARINA
� license of the rdorth Star T�Iarina, 3222 North Shore
Drive, until August 11, 1975 subject to the marina
� agreeing to the conditions of the resolution, and
Stipulating that the extension of this license does not
i permit or extend the uses by the North 5tar Marina to
operate a commercial or quasi-commercial use in a residential
• zone on Crystal Bayo Motion, Ayes (5) - Nays (0) .
�' O�RONO COUNCIL 24EETING HELD JULY 28, 1975 Page 3
•
Butler moved, Paurus seconded, to extend the NO�TH SHQRE DRIVE MARINA
• license for the North Shore Drive Marina until
August 11, 1975, when P�lr. Henry Muhich, Building
� & Zoning Administrator, will submit a progress
� report to the City Councilo Motion, Ayes (5) -
Nays (0) .
•
� P�ir. Muhich, Building & Zoning Administrator, GAYLE°S MARINA
reported to the City Council that Gayle°s PZarina
� has signed all documents subject to the
� issuance of the marina license as approved by
the City Council per Council Minutes of July 8,
� 1975,
•
Butler moved, Searles seconded, approval of VARIANCE
• the variance of lot size and width for Redfield 2685 Pheasant Road
Homes, 2685 Pheasant Road, as recommended by
� the Planning Commission because of the following
� existing conditions and hardships related to
the propertya
•
1, This is the last remaining undeveloped parcel
� of this subdivision.
2. No other availabre adjoining land,
• 3. This lot is contiguous to other properties
� in the immediate area.
� 4. Parcel has been assessed for sewer and water.
5. No other variances would be required.
� Motion, Ayes (5) - Nays (0) .
�
P�r. Henry P�Iuhich, Building & Zoning Administrator, SUBDIVISION
� discussed the status of Mre Roger Patch°s, 1330 Sixth Avenue North
� 1330 Sixth Avenue North, application for a
subdivision and that a public hearing is
� scheduled before the Planning Commission, August 4,
19750
•
� Welsh moved, Butler seconded, approval of the VARIANCE
variance for lot area for Mr. Robert Birkeland, 4500 North Shore Drive
� 4500 North Shore Drive, based on the following
� conditions and hardships related to the propertyo
� 1, This lot was substandard when the property was
platted in 1973 and approved by Council at that time
• with the intention of granting a variance.
2. The area of the parcel is very close to the lot
� standard provision of 80� (meets 750 of area) ,
� 3e No change in original intentionsa
4e The access onto County Road #19 has been approved
�by the County.
5o This parcel was platted slightly smaller because
� of the location of the existing dwelling and the
configuration of the land.
• 6. No other variances would be required.
� �Zotion, Ayes (5) - Nays (0) .
�, '
ORONO COUNCIL I�ETING F�GD JULY 28, 1975 Page 4
•
� Butler moved, Paurus seconded, approval of the CONDITIONAL USE PERT�IT
conditional use permit for Dennis Sullivan, 3133 3133 Casco Circle
�Casco Circle, to rip rap r,�;� shoreline residential
roperty, conditioned that rock is used as a rip
i �ap material, Motion, Ayes (5) - Nays (0) .
s
• �r. Henry Muhich, Building & Zoning Administrator, REZONING
discussed the status of the Cheyenne Land Company Cheyenne Land Company
� proposal to rezone their property. The Planning
Commission has agreed to table the p�.�oi�osal for
� lack of information until August 4, 1975, or until
�uch time that additional information is available,
•
� ��SY. Henry Muhich, Building & Zoning Administrator, PLATTING
� informed the City Council that r�r. Ralph Burnett, 2040 Shoreline Drive
2040 SHoreline Drive, has submitted a platting
� proposal of the Scott properties which �,�ill
appear before the Planning Commission August 4, 1975
� at a public hearing.
•
. P��urus moved, Butler seconded, to deny the request VARIANCE
submitted by i�7uriel Senn, 4448 North Shor� Drive, 4448 North Shore Drive
� for a variance from the 75° setback and hardcover
requirements as recommended by the Planning Commission.
� Motiono Ayes (5) - Nays (0) ,
•
i'�lro Henry Piuhich, Building & Zoning A�-ninistratcr, CONDITIONAL USE PERMIT
� discussed the proposal of the Good Shepherd Lutheran 3745 Shoreline Drive
� Church, 3745 Shoreline Drive, for a Day Care Centera
The Planning Commission has scheduled a pu�lic hearing
� for August 4, 1975 at 7°00 P.PZ.
•
Sutler moved, Paurus seconded, to approve the SUBDIVISION, VARIANCE,
S subdivision and lot area variance of Lot A and CONDITIONAL USE
� a conditional use permit for fill for T:r. Ed Lehman, 3525 Shoreline Drive
3525 Shoreline Drive,conditioned on submitting a
� topographic map and the City Engineer°s approval
in establishing and maintaining an ea�e�r,ent and
� drainageo Motion, Ayes (5) - Nays (0) e
w
• �•�elsh moved, Butler seconded, approval of the VARIANCE
variance from the required lot area ard �aidth 1146 iaildhurst Trail
� for Tlro Lyle Rahn, 1146 taildhurst Trail, conditioned
on removing the old structure within 3G days
� a.fter occupancy of the new structure. T�Totion,
A��e s (5) - Nays (0) .
�
�Zr, I�Iuhich, Building & Zoning Administrator, HERRICK CIRCLE
reported that P�Ir, Louis Oberhauser representing
r the Herrick property has not submitted his request
to rezone the property as originally agreed per
� Council meeting of July 8, 19750
•
� ORONO COUNCIL MEETING HELD JULY 28, _ r75 � Page 5
� Butler moved, Massengale seconded, to approve NAVARRE THEATER CURFEW
� the extension of the curfew for the Navarre
Drive-�n Theater for one hour during the Labor
� Day weekend, August 29 through Septe ' �M 1,
1975, subject to correcting the lighting at
� the entrance and exi-:.s. t�lotion, Ayes (5) -
e Nays (0) e
� Mr. T�iuhich, Building & Zoning Administrator, COMPLAINT
� discussed with the City Council a complaint 1270 Arbor Street
concerning the commercial appearance of a
• residential property located at 1270 Arbor
Street. It was noted that the problem has
� been corrected.
•
� P�lr. r�Tuhich, Building & Zoning Ad.�nin-Utrator, OUTDOOR STREET SALES
discussed outdoor street sales in general and
� th� use of the area located at the intersection
o� #�15 & #19 specifically. P�Iore inf��mation
• will be submitted concerning this mat'cer at
• a later date,
� Orono City Administrator Benson informed the RETIREMENT
� City Council that Mre Michael Scheller, IIuilding Pdichael B. Scheller
':�spector, has made the deci�ion to retire in
• January, 1976, when he will have completed his
� �,:�n years as a participant in the PoE.R,A.
iY:e City will advertise to replace the position
� during November and December of this year so
that a qualified person can be employed to fill
� th� vacancy by January l, 1976.
�
riir, Wayne Long, representing Orr-Schelen-�sayeron, ASSESSMENT ROLL
• discussed with the City Council the proposed 73-1 73-1 Sewer Project
' sewer construction assessment roll. Discussion
follov�ed concerning properties to be included
� in the proposed assessment rolla
• Eutler moved, Searles seconded, to announce that SPECIAL MEETING
� on July 30, 1975 at 4s00 PoP�2. the Oreno City Council July 30, 1975
shall meet at the Council Chambers -�o discuss the
� 73-1 Assessment Roll. Motion, Ayes (5) - Nays (0) .
• Searles moved, t�assengale seconded, that based on WEST HENNEPIN HUMAN
� tY�� information received from the West Hennepin Human SERVICES PLANNING
� Services Planning Board concerning the Hennepin County FUNDS
Health and Social Service Administration adopted
+ ru�delines for County funding of co:nmunity boards and
� in view of the severe reduction in monies that Orono
relies upon for income and in viecv of the required
increase required by the Countl� Hea lt h an d Socia l
� Services Administration to support the community
board, Orono would not be able to continue financial
� support at this time. T�Iot�_on, Ayes (5) - Nays (0) .
•
� ORONO COUNCIL MEETING HELD JULY 28, 1975 Page 6
• Butler moved, Paurus seconded, to adopt RESOLUTION #628
` Resolution #628 amending Resolution #526 Sewer Rate Charges
to provide a sewer rate change for the purpose
of paying Orono's Metro Sewer Service bill
yfor 1975a
r
RESOLUTION #628
�
WHEREAS, the City of Orono is required to pay
• the r�etro Sewer service charge for 1975, and
� WHEREAS, the City Council desires to offset a
� portion of the increase of che �••ietro cost to
be allocated to the users of the Orono sewer
+ system with the exception of the Long Lake and
Chevy Chase areas inasmuch as their rate is at
• $18.16 and the other users at $12:16.
� NOW, THEREFORE, BE IT RESOLVED that the sewer
+ service charges for the City of Orono be
established as follows:
�
1. Residential rates for users other than
� Long Lake and Chevy Chase areas $15.16
per quarter per dwelling effective
• September 30, 1975.
� 2 . Commercial or industrial for users other
� than Long Lake and Chevy Chase areas
$15.16 per quarter per unit.
•
Adopted by the City Council of the City of Orono, �
• Minnesota at a regular meeting held July 28, 1975.
� Motion, Ayes (5) - Nays (0) e
•
� Butler moved, Welsh seconded, to adopt RESOLUTION #629
Resolution #629 authorizing Hennepin County No Parking Sign
� to place a "No Parking" sign at 3619 North
Shore Drivee
•
• RESOLUTION #629
• WHEREAS, Mr. Gary Nunnally, 3619 North Shore
Drive, has a problem of persons parking their
� cars near his residence thereby creating the
problem of his receiving his mail, and
•
WHEREAS, Mr. Gary Nunnally has requested the
� City of Orono to place NO PARKING signs to
• alleviate the problem,
+ NOW, THEREFORE, BE IT RESOLVED that the City
� of Orono request Hennepin County to place NO
PARKING signs along County Road #51 by Mr,
Gary Nunnally's homee
�
Adopted by the City Council of the City of
� Oronoo Minnesota at a regular meeting held
+ July 28, 1975, Motion, Ayes (5) - Nays (0) .
�. '
� ORONO COUNCIL MEETING HELD JULY 28, 1975 Page 7
� Butler moved, We1sh seconded, to adopt RESOLUTION #630
� Resolution #630 amending Section #14 of the Retirement Age
City of Orono Personnel Policy to read "All
` employees shall retire upon reaching age 62
providing that the employee has at least
� three-years service credit with the P.E.R.A. ,
� as enacted under Chapter 183 of the 1975
rZinnesota legislature. Employees who do not
� have a three-year service credit shall retire
at age 65. Motion, Ayes (5) - Nays (0) .
�
� The City Administrator discussed the Planning PUBLIC VJORKS DEPARTMENT
• Commission recommendation to relocate the RELOGATION REPORT
Public Works Departmento The City Council
� instructed the staff to proceed with a
total feasibility study to be submitted when
� all data is complete,
•
The City Administrator discussed delaying CODIFICATION - MUNICIPAL
• recodification vf the City Municipal Code CODE
� until funds are available. It was decided to
review the required cost for this expenditure
� in December when the total year's operating
cost is available.
� Mayor Searles announced that the Orono City POLICE DEPARTMENT HO1��iE
Council and the Orono-Long Lake-tZaple Plain SECURITY PROGRAM
� Police Department will present a factual
� presentation Tuesday, July 29, 1975, 7a30 P.r�2.
at the Freshwater Biological Institute designed to
� �nform and' help all citizens protect their families
and home.
•
• Butler moved, Paurus seconded, to authorize a REFUND
• refund of $5.00 to r�r. P. Wo Keesling, 395 North P.W. ICeesling
Ferndale Road for application of a firearms
� permit that was denied, Rsotion, Ayes (5) - Nays (0) .
•
���elsh moved, Butler seconded, to authorize a REFUND
• refund of $2.00 to Aqr, Ralph Strickler, 6732 Ralph Strickler
• Vincent Avenue South, Minneapolis, for duplication
of payment for an accident report. Dsotion,
� Ayes (5) - Nays (0) .
7
Massengale moved, Searles seconded, to approve REVENUE & EXPENDITURE
� the Revenue and Expenditure Report for June, REPORT - JUNE 1975
� 1975. T�Iotion, Ayes (5) - Nays (0) ,
�
�
�.
� ORONO COUNCIL PREETING HELD JULY 28, 1975 Page 8
e t2assengale moved, Butler seconded, to acknowledge • PUBLIC AUCTION
� that the City of Orono Police Department will hold
a public auction at 9:00 A, c�im, August 2, 1975,
concerning the selling of confiscated and unclaimed
miscellaneous property and items. The City
� staf£ was instructed to prepare a certified list
of all items to be auctioned. Motion, Ayes (5) -
� Nays (0) .
�
� Walter R. Benson, City Administrator, informed NORTHDALE CONSTRUCTION
the City Council that Northdale Construction REPORT - 73-1
� Company has submitted a restoration schedule
as requested by the Council ,and has progressed
• with the intended cleanup throughout the
! construction areas and that Estimate #8 in the
amount of $48,856.36 was released per Council
� P�inutes of June 24, 1975.
•
Butler moved, Paurus seconded, to approve Contractor's CONTRACTOR'S ESTIP�lATE
• Estimate #9 in the amount of $60,634.27 be paid to #9 - Northdale
. Northdale Construction, which represents 78� of
the original project bid. Motion, Ayes (5) - Nays (0) .
•
�Valter R, Benson, City Administrator, presented 1975 BUDGET F.ORECAST
� �. 1975 forecasted revenue report projecting a & REVENUES
�50,213oQ0 decrease in anticipated revenues in
the Al1 Funds Account for the current year.
� Adjustment will be made in the various City
• D�aartments throughout the balance of 1975 to
allow for this anticipated revenue ].osse
•
� i•�1�-, [�layne Long, representing Orr-Schelen-Mayeron, PROGRESS REPORT
di�cussed the status of the Metro Sewer - P4innetonka METRO SET,JER
Beach and O�ono sewer interceptorse
• Searles moved, Butler seconded, to request the
� C '�y staff to recommunicate our concern with
t4innetonka Beach and the Metro Sewer Cor,�mission
� regarding the availability of Orono sewers to
the City of T�Iinnetonka Beach. PZotion, Ayes (5) -
� Nays (0) e
�
• Walter R. Benson, City Administrator, informed WEST HENNEPIN
the City Council that an application has been ASSESSING DISTRICT
� forwarded to the Hennepin County Government REPORT
Center concerning C.E.ToA. funding for the
po�ition of an appraiser for the GVest Hennepin
�Assessing District as approved by previous
action of the City Councils of Orono, Spring
nark, T•Zinnetonka Beach and P�Iinnetrista and
• the West Hennepin Assessing District Assessment
�oard.
�
�. '
• ORONO COUNCIL 1�iEETING HELD JULY 28, 1975 Page 9
� T�lr. Tom Nelson, representing the Ice Arena ICE ARENA FEASIBILITY
� Feasibility Committee, discussed with the CONIl�IITTEE
City Council a proposed ice arena and a
+ proposal from Mr. Arthur J. Nickolas,
ice arena consultant, Mequon, Wisconsin, to
• provide a feasibility study at a totaZ cost
• not to exceed $3,000.00.
� Massengale moved, [Velsh seconde3, to have the
record state that the City of Orono is in
� support of acquiring more definitive information
in obtaining a feasibility study and in being
� financially involved, providing a request is
sent to the Hockey Boosters Associations and
� the Orono and Mound School Districts requesting
� that they participate in the study on a share
cost basis. Motion, Ayes (4) - Nays (1) .
! Councilman Butler Nay.
� i�tayor Searles announced as a reminder that a PUBLIC HEARING DATE
public hearing is scheduled for August 11, Zoning Amendment
� 1975 at 7a30 P.M. regarding a: proposed
a amendment to the Zoning Ordinance.
� Information was incomplete regarding the NAVARRE COMMERCIAL
Navarre Commercial property owners. PROPERTY OWNERS
`
The City Council instructed the staff to ORONO INTERCEPTOR
draft a letter to the Minnesota Pollution
� Control Agency and the Metro Sewer Commission
regarding the construction of the Orono
� interceptor designed to carry sewage to the
Blue Lake Waste Water Treatment Plant, out-
� lining our land use regulations and environmental
concerns, in that particular area.
� P�ir. Skip P4cCombs, City Engineer, discussed CO.RPS OF ENGINEERS
� with the City Council that the City is in LAKE MINNETONKA
receipt of a letter from the Corps of Engineers JURISDICTION
� stating that a ruling has recently been made
at the Federal level that Lake P4innetonka is
� now a navigable water and is under the jurisdiction
of the Corps of Engineers and that permits
a-re required for all future construction that
affects Lake Minnetonkae Council instructed
staff to draft a letter to the Corps of Engineers
� requesting more information.
r. Skip T�icCombs, City Engineer, discussed the ORONO ORCHARD ROAD BRID�:E
tatus of the Orono Orchard Road Bridge.
•
�
�. , .
OROi10 COUNCIL 1�ZEETING HELD JULY 28, 19'S Page 10
Ma�sengale moved, Searles seconded� to adopt RESOLUTION #631
�Re�olution #631 requesting residents of the Hackberry Hills Hookup
Hackberry Hills area to connect to the public
se�r�er w�.thin 60 days upon completion of the
sewer lines in the area. This is necessary
to protect th� health, safety and welfare of
ti;A residents in the area in view of the
s;:rious raw sewerage pollution in the area as .
� documented by the City Engineer. Motion,
Ayes (5) - Nays (0) .
�
� Cauncz�man Paurus left early at 11e00 P.M.
• Butler moved, l�assengale seconded, that the TRADE LICENSE
followix�g license be approved. Motion,
� Ayea ( � - Nays (0) .
� La�terner Excavating Company - Sewage Disposal
Installation
� Bu�ier m�ved, P�tassengale seconded, that the BILLS
� All Ftands Accoiznts 715 through 760, �'^'_ through
868, �9G63 through 19079, and Liquor S::��re
Account:s 10755 through 10762, 10770 through 10810,
�e paidm ���tion, Ayes (4) - Mays (0) .
� Bu�`ler mo�red, D4assengale seconded, that the ADJOURNMENT
! m`c�t_i.ng be ad}ourned at 110 25 P.DZ. Motion,
Ayes (4) - Nays (0) .
�
�
� �
� Robert L. Searles, riayor
•
•
� Attest e -�.�_
ralter R. Benson erk-Administrator
�
�