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Home My WebLink About08-11-1975 Council Minutes � �" CITY OF ORONO � Regular Meeting o£ the Oronc� Council, 7030 P.M. August 11, 1975 � The Orono Council met on the above date � with the followin members g presento Acting � AZayor I2assengale, Councilmen Butler and Welsh. Absente I��ayo� Se�rle� and Council- � man Paurus, • . Acting l�7ayor P�iassenga�e �t�noun�ed to the PUBLIC HEARING public that this wa� the tiitle arid place to Amend Zoning Ordinance � open the public hearing �orice��.ng proposed amendments to the Orono �oning Ordinance � regarding platting requirements of dedication of property to be subdivided, granting of • easements for bikeways and hikeways, and set- backs from marshes and wetlands in the Citye • � Dick Benson, City Administrator, presented the Affidavit of Publication and restated � the Notice of Official Publication of the Public Hearing. • Acting Mayor rZassengale requested comments • from the audienceo There being no comments, • the Public Hearing was closed at 7a33 P.Az. �Action was deferred until the August 25, 1975 meeting, • B�rs. Robert Piead, Troop Leader of Girl Scout KEEP AMERICA BEAUTIFUL � Troop 1265, introduced her girl scouts to the Girl Scout Troop 1265 City Council and introduced the following • community projecta � Girl Scout Troop 1265 would plan and organize, � with the help of the Orono Lions Club, toa le llake up designs to be painted on the back- � ground of viaduct walls, � 2, Provide paint for the designs, 3. Find a professional artist to sketch their � drawings on the background. 4o Schedule the number of days needed to complete � the painting. 5o Do the painting of the designs. • � They are asking the Villages to: 1, Clean up around the viaducts, remove weeds, etc. • 2 . Clean and paint the walls for a background, • in August if possible. �3e Approve designs selected by Scouts, Acting P�2ayor P�Iassengale thanked Mrs o Mead and her � Girl Scouts for the splended presentation and requested the staff �o respond to Troop 1265 's � proposal by August 25, 19750 • � `` ORONO COUNCIL PdEETING HELD AUGUST 11, 1975 Page 2 � Butler moved, Welsh seconded, that the rZinutes r-iINUTES � of the Regular P�ieeting of July 28, 1975, be approved with the following correction, Page 9, • "Ice Arena" to read--"PRotion, Ayes (4) - Nays (1) . Councilman Butler Nay. " Motion, Ayes (3) - � Nays (0) . • � Butler moved, Welsh seconded, to approve the BIKE TRAIL FUNDING #84 allocation af $500.00 to apply for bike trail � funding on Hennepin County Road �84 from the Stubb' s Bay Road to Hennepin County Road �#135. • This cost estimate does include soil borings • and field surveys necessary to accomplish an accurate cost estimate to qualify for State � fundingo r�7otion, Ayes (3) - Nays (0) . • Butler moved, Welsh seconded, that the street VARIANCE � setback variance for Hartley LaJoy, 770 Tonkawa 770 Tonkawa Road Road, be referred to the Planning Commission. • t7otion, Ayes (3) - Nays (0) . � � Butler moved, We�sh seconded, that the lot VARIANCE area and width variance for Jim P•soravek, 910 910 Dakota Avenue � Dakota Avenue, be referred to the Planning � Corunission, r�otion, Ayes (3) - Nays (0) e � Butler movedo Welsh seconded, that the lot LOT REARRANGEPZENT � rearrangement for Charles Cox, 3580 Ivy Place, 3580 Ivy Place be referred to the Planning Commission. r�otion, � Ayes (3) - Nays (0) . • Butler moved, Welsh seconded, that the lot LOT REARRANGEMENT • rearrangement for Stephen Helland, Dave Davenport, 130 Smith Avenue • and James Wagener, 130 Smith Avenue, be referred to the Planning Commission. PRotion, Ayes (3) - � Nays (0) o • Butler moved, t4elsh seconded, that a building DOCK BUILDING PERPnIT • permit for a dock for Herbert Olson, 3640 Bay- 3640 Bayside Road Gide Road, be referred to the Planning Commission. � �•Zotion, Ayes (3) - Nays (0) . • � Butler moved, 4Jelsh seconded, that a lot LOT REARRANGEI�4ENT rearrangement for Arvid Ledin, 2230 IIayview 2230 Bayview Place r Place, be referred to the Planning Commission, � T•Iotion, Ayes (3) - Nays (0) o � Butler moved, Welsh seconded, that a building BUILDING PERMIT permit for Gayles P•Zarina, 3366 North Shore Drive, 3366 North Shore Drive • be referred to the Planning Commission. r4otion, Ayes (3) - Nays (0) . � � �' ORONO COUNCIL I�ZEETING HELD AUGUST 11, 1975 Page 3 � Butler moved, ��lelsh seconded, that a structure VARIANCE � and hardcover lakeshore setback variance for 1392 Baldur Park Road Ted Boer, 1392 Baldur Park Road, be referred to • the Planning Commission. Motion, Ayes (3) - • Nays (0) . � Butler moved, Welsh seconded, to approve the SUBDIVISION � subdivision for Mr. Roger Patch, 1330 Sixth 1330 Sixth Avenue North Avenue North, subject to a 10� cash raw land � value park dedication fee. Motion, Ayes (3) - Nays (0) . • � T•Zr. Henry T�Iuhich, Building & Zoning Administrator, PLATTING - SCOTT PROPERTY � presented the Scott property proposai to the 2060 Shoreline Drive City Council. • Mr, Urban Kerber, 1485 Bay Ridge Road, discussed � the proposed platting of the Scott property located at 2060 Shoreline Drive, stating that � I3ay Ridge Road was built for private use with � private funds and was not designed for excess traffico Y�Tra Icerber also stated that it was � the concensus of all the property owners not to allow the developer to combine the private � access with the existing private Bay Ridge Road � for controlling traffic onto Highway #51 and that there was no objection to traffic entering � County �#15a � Welsh moved, Butler seconded, to grant preliminary approval of proposed plat, subject to the followings • 1. Agreement with Park Board on the park dedication • fee. 2. Transfer that portion of Outlot 8 which supports � his private driveway to Doug Head. � 3. A 50' utility easement following the roadway and a 100° easement at the end of the private � road for a possible future cul-de-sac. 4e No commitment as to lake use rights. � 5. If Ou�lot A is not accepted by the Park Board or Village, it shall be included as an • undivided 1/7 interest among the other 7 parcel � owners of the plat. G. Retain service easement on Tract A. � P�Zotion, Ayes (3) - Nays (0) , • . Mro Henry Tduhich, Building & Zoning Administrator, CONDITIONAL USE PERMIT � discussed the status of the Good Shepherd Lutheran 3745 Shoreline Drive Church application for a conditional use permit for a Day Care Center stating that the Planning � Commission agreed to table the proposal until their next meeting when the applicant shall � submit a site plan indicating proposed parking • and the intended use of a private streeto ! � ORONO COUNCIL T°�EETING HELD AUGUST 11, 1975 Page 4 � Mr. Henry t4uhich, Bui].ding & Zoning Administrator, EISINGER LANDFILL � informed the Council that the Eisinger proposal �as being considered by the Planning Commission � and that the Commission has requested additional • time to research and review all material submitted. � ilayor Searles arrived late and announced that he 8: 30 P.P�Z. � was in attendance at the Freshwater Biological Institute concerning a legislative public hearing f concerning the Lake Minnetonka Conservation District, which was convened at 7a30 P.P2. • � P�Iayor Searles requested a five minute recess to 8: 35 P.r4. discuss agenda matters that were be£ore the � Council at this time. Acting Mayor Massengale relinquished his chair to P�Iayor Searleso l�Iayor � Searles called the meeting to order at 8035 P.T•i. • . i�Ir. Bruce T�ialkerson, City Attorney, informed JURISDICTION OVER LAKE the City Council that a letter has been forwarded MINNETONKA � to i�Zra William Goetz, Chief Construction Operations Division, Department of the Army, � stating thate • "This office represents the City of Orono in �-iennepin County,P7innesota, It has been brought to our attention that the Corps of Engineers is � now alleging jurisdiction over Lake 1�Tinnetonka as a navigable water in the United States. � Since this is the first time that the City has ever been aware of the alleged juriscliction � by your department, we would appreciate receiving from your office a letter or memorandum • setting forth the legal basis upon which you . allege said jurisdiction. I would appreciate receiving any printed material that you have � concerning the application process if any for the Department of Army permits for activities � in waterwayso " • Butler moved, T�iassengale seconded, to approve CONDITIONAL USE PERP�IIT • a conditional use permit to rip rap shoreline 1444 Shoreline Drive . for Windward Niarina, 1444 Shoreline Driveo subject to compliance with all agencies as � required, T�otion, Ayes (4) - Nays (0) . � Searles moved, Butler seconded, to approve a VARIANCE • variance for lot area and lot width for Howard 1465 Long Lake Boulevard �Larson and Gordon Henderson, 1465 Long Lake Boulevard, conditioned that no other variances � be required and subject to engineers approval of the septic system. Motion, Ayes (4) - Nays (0) . • � � ♦ ORONO COUNCIL P�4EETING HELD AUGbST 11, 1975 Page 5 � AZessers. Paul . and Ray Kempf represented by Mr. NORTH STAR P�ZARINA � Tom Miller, attorney for North Star Pgarina, discussed and made the following statements � concerning their applicatiori for a marina license for 1975. • r�iro Paul Kempf stated that they would remove their • boat August 12, 1975, which is now docked at . Crystal Bay and being usecl for commercial purposes if the City Council would postpone the issue of � the dock usage until a later datee r�7ayor Searles stated that North Star Marina had requested the � City Council to postpone this decision several months ago and that the Council has acted in • food faith in acknowledging North Star' � . request. Mayor Searles� stated that the City does recognize the needs of the different � marinas and that the City has already compromised its requirements on S�Ve�a1 ocCasions. PZr. Ray � Kempf stated that there are too mariy issues to resolvee • a. Planting � bo Parking � c, Commercial use of Crystal Bay d. Hours of operation � Councilman 1�Zassengale noted that the DNR has adopted stricter regulations than Orono. Mayor Searles stated that the hard cover regulations • are supported by various State agencieso fie • also noted that the fall season is a favorable time to accomplish the planting as required in � the resolution as other marinas have agreed to. Ray Kempf stated that if we could re�olve the � two questions concerning parking and hours of operation, they would remove the boat from • Crystal Bay, � He acknowledged,and T�ir, Tom Miller►agreed that � because of the zoning of the property along Crystal Bay, that the use of the dock for � commercial purposes is prohibitedo Tom rZiller stated that if the Council would consider changing � the hours of operation and number of parking spaces required, he would advise North Star and � the Kempfs to sign the proposed resolutione � The City Attorney, PZr. Bruce Malkerson, reviewed � Chapter 73 and noted that the hours of operation being requested by North Star are within the � zoning requirementso Following discussion, it � was agreed that North Star would only be required to have 70 parking spaces available for the remainder of 1975. It was also agreed by the � Council and North Star that the parking requirements a would be reviewed in 1976 and that rlorth Star would provide additional parking if necessary. � (Continued) � ORONO COUNCIL t7EETING HELD AUGUST 11, 1975 Page 6 � Th� landscape plan was reviewed and North Star NORTH STAR T�ARINA � and the Council agreed that the plantings shown (Continued) were �ufficient to meet the requirements of � Chapter 73 for the 1975 season. � North Star requested, and the City Council agreed, � to change paragraph �5, Page 1 of the resolution to read, "Whereas, the City of Orono finds these � standards and factors are necessary in order to protect the health, safety and welfare". • Mr. Ray Kempf in behalf of North Star agreed that • with these changes they ��ould sign the resolution � an� remove their boat from the Crystal Bay dock. � T�Iayor Searles moved, Massengale seconded, to approve is�uing a license to North Star �iarina, subject to: • 1. Their removinq the boat from Crystal Bayo • 2. Signing the resolution. • 3, ��eeting all requirements as stated in the August 11, 1975 Minutes. � Plotion, Ayes (4) - Nays (0) . � T�Zayor Searles moved, Butler seconded, to extend NORTH SHORE DRIVE � until A�ugust 25, 1975, the North Shore Drive 1�ARINA LICENSE Na:=�na licensing when more information is � available, PZotion, Ayes (4) - Nays (0) e � T�Zr. Diracles, attorney for the Cheyenne Land REZONING - CHEYENNE LAND � Co�pG:�.y, appeared to request that the City 100 Orono Orchard Rd.N. pass a resolution providin_q for the detachment • cf the property located at 100 Orono Orchard • Road North, cwned by his client and the annexation of same to the City of Long Lake. � r��.yor Searles asked if Cheyenne was withdrawing i�s request to rezoneo Mr. Diracles noted that � if the City would agree to detachment and annexation, they would withdraw their request • to rezone. P1layor Searles noted that the City could not act upon a request that was not • submitted as a proper application with necessary � information and facts for review to determine its merits. It Lhen would be referred to the � Planning Commission for their study and recc�mmendation. Idr. Diracles stated that he � would rather not spend the time providing information that '� : require review with the • Planning Commission and City Council but would � rather submit his request direct to the riiunicipal Commission. � (Continued) � � � ORONO COUNCIL MEETING HELD AUGUST 11, 1975 Page 7 � Councilman Massengale inforined Mr. Diracles REZONING � that the City cannot pre-judge. We nee3 facts (Continued) and documentafi��.can to sQrve the� p1�ibJ.�.c interest. Searles moved, Butler seconded, to refer to the � Planning Commission the Cheyenne La�d Company � request, subject to all informa�ion being submitted in its proper form by Aug�tst 22, 1975, � �o al].ow staff adequate time fo� review. Motion, Aye s (4) - Nays (0) . � Welsh moved, Butler seconded, to approve the CONDITIONAL USE PERI�IIT request of the West Tonka Chamber of Commerce Flea Market � for a flea markzt on the corner of Coun�y Roads #15 & #19 � #15 & #19, subject to the City Attorney` s approval, Motion, Ayes (4) - Naps (0) . • � Butler moved, Welsh seconded, to refund $30.00 REFUND to West Tonka Chamber of Commerce for tile�r West Tonka Chamber of conditional use permit fee. Motion, Ayes (4) - Commerce � Nays (0) . P�ir. Henry Muhich, Building & Zoning Ac�r�in?_�f�rator, NAVARRE DRI �-IN THEATER reported to the City Council that the N�vurre Drive-In Theater has corrected the conditions set forth in the July 28, 1975 Council NTir_utes. • � Butler moved, Welsh seconded, to adopt Resolution RESOLUTION #632 #�632, A Resolution For A Public Hearing To Be Public Hearing Date Held September 2, 1975, 7: 30 P.M. In Tiie City 73-1 AsSessments Council Chambers, On The Proposed Assessments � Concerning The Sanitary Sewer Project 73-1. P�Zotion, Ayes (4) - Nays (0) 0 * � Butler moved, Welsh seconded, to adopt Resolution RESOLUTION #633 #�633 Establishing 'Il:e Interest Rate At 8a For 8� Interest Rate The 73-1 Sewer Assessments. Motion, Ayes (4) - 73-1 Assessments Nays (0) . • • Butler moved, Massengale seconded, to re�er WESTERI�T HENNEPIN COUNTY the Western Hennepin County Pioneers Assoca PIONEER'S ASSOCIATION � Inc, request for funding to the Park Cor�unission for their review and recommendation, Motion, � Ayes (4) - Nays (0) . �6aelsh moved, Butler seconded, to accept the RESIGNATION resignation of Mr. Tom Dorrel, Public Works Tom Dorrel � Department, LEO, with regrets. Upon termination August 15, 1975, he shall receive payment of all accrued vacation and one-third of his accrued sick leave. Motion, Ayes (4) - Nays (0) . ORONO COUNCIL MEETING HELD AUGUST 11, 1975 Page 8 Butler moved, Welsh seconded, to approve DEPUTY TREASURER the appointment of Charlotte Knutson to the Charlotte Knutson position of Deputy Treasurer. r4otion, Ayes (4) - Nays (0) . � N1r. Bruce Malkerson, City Attorney,informed ROBERT ECKERT PROPERTY the City Council that information was incomplete S at this time concerning the Robert Eckert property. Mr. Bruce Malkerson, City Attorney, informed SVETOSLAV PROKOPIEV , the City Council that our insurance carrier, CLAIM Crum & Forester, have advised the City that they will defend us regarding the Svetoslav Prokopiev claim. Butler moved, Welsh seconded, to advertise ADVERTISE FOR BIDS for bids to resurface a portion of Willow WILLOW DRIVE - M.S.A. Drive from Fox Street to the Burlington- Northern railroad bridge as plans and specifications specify, M.S.A. M.S.A.P. 152-101-06 with bid opening 10:00 A. M. September 5, 1975 and Council review and approval September 8, 1975e Motion, � Ayes (4) - Nays (0) . Welsh moved, Butler seconded, to approve NSP PROPERTY � receiving the payment of $2,767 in lieu of #19 & Bayview Place a sewer assessment fo r Lot 2 and part of Lot 1, Navarre Heights, which is equivalent to a lateral sewer and connection charge that had not originally been assessed. The property � owner shall receive a credit of $650 as reimbursement to install a service to the property line. Motion, Ayes (4) - Nays (0) . Mr. Skip McCombs, City Engineer, discussed ORONO ORCHARD ROAD the status of the Orono Orchard Road bridge BRIDGE and reported that the DNR has not resubmitted plans at this time. It was reported to the City Council that the FAU FUNDING FAU funding for Bike/Hike trails, which was Bike/Hike Trail applied for February 25, 1975, would not be acted on until December, �.9750 � ARONO COUNCIL NIEETING HELD AUGUST 11, 1975 Page 9 � Mr. Skip McCombs, City Engineer, discussed NORTH SgORE DRIVE RAVINE the status of the storm sewer project at 4719-4745 North Shore 4719-4745 North Shore Drive and the new Drive guidelines concerning the Corps of the Army � Engineers and Lake Minnetonka. It was reported that the storm sewer construction will terminate 15 feet from the shoreline which would not concern the recent guidelines. � Mr. Bruce Malkerson, City Attorney, informed ARI✓.Y CORPS OF ENGINEERS the Council that a letter has been forwarded LETTER to Mr. William Goetz, Chief Construction Operations Division, Department of the Army, stating that : S "The City of Orono is presently repairing a storm water discharge pipe which discharges water into Lake Minnetonka. The city does not propose to alter the shoreline or alter or construct any structure within fifteen feet of Lake Minnetonka. It is my understanding that the Army Corps of Engineers alleges jurisdiction only over structures or alterations in the lake itself and therefore, the city's proposed repair of the pipe is not within the jurisdiction of the Department of the Army. I would appreciate your confirming this under- standing by letter to the undersigned immediately � since the city has already been delayed in the completion of the necessary repairs." Butler moved, Welsh seconded, to approve the HACKBERRY HILL SEt�dER letter concerning sanitary sewer hookup in HOOKUP LETTER the Hackberry Hill area and instructed staff to mail s:me to a11 Hackberry residents when sewer service is available. Motion, Ayes (4) - Nays (0) . � Butler moved, Massengale seconded, that the LICENSES following licenses, be approved: Motion, Ayes (4) - Nays (0) . Drillco - Well Driller Grendahl t�Iechanical, Inc. - Plumber Butler moved, Welsh seconded, that th� Al1 Fund BILLS Accounts 869-917, 963-1029, and Liquor Store Accounts 10811-10821, be paid. Motion, Ayes (4) - Nays (0) . � Welsh moved, Butler seconded, that the meeting ADJOURNMENT be adjourned at 11:15 P.M. Motion, Ayes (4) - Nays (0) . _ _ �� i ' / � `/ / /` _�� . `� ',..%� � � � � ';,�-<� i �� `� _`" '_ Attest: j �2��--1�obert L. Sear es, Mayor Walter . on, Clerk-A inistrator