HomeMy WebLinkAbout08-25-1975 Council Minutes �
CITY OF ORONO
Regular T2eeting of the Orono Council, 7a 30 P.i�i.
�August 25, 1975
� The Orono Council met on the above date with
S the following members presento t�2ayor Searles,
Co�:ncilmembers Butler and Paurus, Absento Council-
mer�bers P�iassengale and Welshe
Butler moved, Sear].es seconded, that the Minutes MINUTES
! o� the Regular TZeeting of August ll0 1975, be
s approved. I��otion, Ayes C3) - Nays (0) ,
idayor Searles, in token of appreciation for AAA SAFETY AtrJARD
Orono's excellent record in the field of
pedestrian safety, presented Police Chief
s r7elvin Kilbo with the AAA annual safety award
� p]_aque and thanked him and his department for
their excellent performance,
�
�, Donna Carlton, Human Rights Chairman, report�d HUTZAN RIGHTS COMMISSION
to the City Council that her commission will
� holci thcir next meeting August 28, 1975 at
7030 P,c��7o at the Council Chambers to discusse
1, Food Stamp Program
2, Conclude athletic association study
3e �rousing inventory study
v
Butler moved, Paurus seconded, that the sub- SUBDIVISION & VARIANCE
division and variance for Enger Johnson, 360 North 360 North Arm Lane
P_rm Lane, be referred to the Planning Commission,
P�Iotion, Ayes (3) - Nays (0) .
�
,, I3utler moved, Paurus seconded, that the sub- SUBDIVISION
division for Ulmer Construction Company, 70- 70-130-190 f�]illow Drive N.
130-190 L�Tillow Drive iVorth, be referred to the
Planning Commissiono PZotion, Ayes (3) - Nays (0) e
�
Butler moved, Paurus secondedo that the side VARIANCE
+ yard variance for Paul T�teyer, 940 Dakota 940 Dakota Avenue
Ave:zue, be referred to the Planning Commissiona
i�io-tion, Ayes (3) - Nays (0) o
nutler moved, Paurus seconded, that a sub- REARRANGEMENT-SUBDIVISION
c�ivision and rearrangement and variance for & VARIANCE
�chfield Bank & Trust Company,1350 Baldur 1350 Baldur Park Road
Park Road, be referred to the Planning
Commission. PZotion, Ayes (3) - Nays (0) .
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« ORONO COUNCIL P�IEETING HELD AUGUST 25, 1975 Page 2
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Butler moved, Paurus seconded, that the sub- SUBDIVISION
� division request for A1 Whitman, 1540 Sixth 1540 Sixth Avenue North
Avenue North, be referred to the Planning
� Commission, Motion, Ayes (3) - Nays (0) .
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� Butler moved, Paurus seconded, that the BUILDING PERMIT & RIP RAP
building permit and rip rap request of the 3324 North Shore Drive
North Star TZarina, 3324 North Shore Drive,
be referred to the Planning Commission.
• P�Iotiono Ayes (3) - Nays (0) .
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. Butler moved, Paurus seconded, that the final FINAL PLAT APPROVAL
plat approval for Charles Spear, 3640 Bayside 3640 Bayside Road
� Road, be referred to the Planning Commission.
Motiono Ayes (3) - Nays (0) ,
�
�I Henry Muhich, Building & Zoning Administrator, EISINGER LANDFILL
informed the City Council that the Planning
� Commission has requested additional time to
,i review and research the Eisinger Landfill
proposal, It was noted that P-1r. Eisinger, or his
attorney, iv[r. Richard Schieffer, have not appeared
" before the Commission to present additional
• information, P�tayor Searles stated that the City
Council does not want to delay this matter and
` does want all concerned to submit their recommenda-
� tions by the September 8, 1975 Council meetingo
� Reverend Johnson appeared before the Council to CONDITIONAL USE PERP�iIT
� propose approval of a conditional use permit for 3745 Shoreline Drive
a Day Care Activity Center for the Cood Shepherd
• Lutheran Church, 3745 Shoreline Drive, stating
that Church Street, a private street accommodating
� residents near the church, should be available
� for public serviceo T�ir. Pat McClordy, stated
owner of the street, objected to a business
i u�ing a private street for public purposes askingo
• la Who maintains it?
2o Who polices it?
�
� It was recommended that if the public is allowed
to use Church Street, that a hold harmless
� agreement should be initiated.
� Butler moved, Paurus seconded, to grant a
conditional use permit for the Good Shepherd
• Lutheran Church, 3745 Shoreline Drive, for a
� Day Care Activity Center for one year, subject
to� Only for a funded program for a m�ximum of
� four children at a time not to exceed eight
per day or five years of age, plus necessary
� staff of four per sessiona
� (Continued)
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� ORONO COUNCIL MEETING HELD AUGUST 25, 1975 Page 3
� Every �reasonable effort shall be put forth to CONDITIONAL USE PERI�ZIT
� keep traffic to a minimum monitoring traffic 3745 Shoreline Drive
countsp allowing traffic to the church for the (Continued)
� day activity center only with a review after
six monthse Motion, Ayes (3) - Nays (0) .
f
� Butler moved, Paurus seconded, that the request VARIANCE
for a rear yard setback variance for Loren Fritz, 3845 North Shore Drive
3845 North Shore Drive, be approved because of
� the peculiar situation of this lot (the width
being of larger dimension than depth) and the
S rear lot line of this property being the adjoining
south property's side lot linee Motion, Ayes (3) -
� Nays (0) .
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� Butler moved, Paurus seconded, that the request CONDITIONAL USE PERMIT
for a conditional use permit of Don Arneson, 2660 2660 Casco Point Road
Casco Point Road, for rip rap be approved, subject
toe
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l, Rip rap along 130' of shoreline not to extend
� m.ore than 2 ° from shoreline.
� 2. Removal of old rock and place six inch
granular filter blanket at base of rip rap to
� minimize washing of fine material. Follow �a�th
����'�.�� over :filter material,
3, Approval of Minnehaha Creek Watershed District.
• Motion, Ayes (3) - Nays (0) .
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� Butler moved, Paurus seconded, that the request CONDITIONAL USE PERMIT
for a conditional use permit for rip rap for 2914 Casco Point Road
� Ron Tracyo 2914 Casco Point Road, be approved
subject toe
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1< Rip rap along 265 ' of shoreline not to extend
� more than 3' from shoreline.
� 2. Rock fill not to exceed 3' above shoreline
elevation with four to one ratio horizontal to
� vertical,
3. Rock diameter to average 10",
� 4. Placement of adequate granular filter bed,
5o Approval of City Engineero
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T�iotion, Ayes (3) - Nays (0) o
�
� Henry rZuhich, Building & Zoning Administrator, VARIANCE
� reported to the City Council that the request 1440 Shoreline Drive
� of Richard Gothmann for a variance for Mac's
Pizzao 1440 Shoreline Drive, was tabled by the
Planning Commission until the applicant submits
• more detailed site plans and proposed sewage plan
• for review and approval by the City Engineer.
� (Continued)
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�� ��'„^:�� COUrICIL MEETING HELD AUGUST 25, i975 Page 4
� The detailed plans should designate a better VARIANCE
ylandscaping proposal and 12 parking spaces (2 for 1440 Shoreline Drive
each residence and 8 far the conlmeY�ia1 operation) . (Continued)
` A report as to the vnlUme and quality of overflow
water from the b�it ��orage tanks w�s also
� requested, The Planning Commission instructed
� staff to check with the City Attorne�' as to the
possibilities of problems arising from the
multiplicity of use on the one parcel,
� Paurus mt�ved, Butler s�conded, that tHe request VARIANCE
♦ of Charl�s Van Ee�lthou� fbr a lot area variance 2720 Ethel Avenue
at 7'�20 �thel Avent�e, be approved, subject to
• no oth�r variances being allo�aed. The approval
+ was recommended as there is no other available
adjoining vacant land. The property has been
r assessed for sewer and water and the site is
consistent with other properties in the area.
« r�totion, Ayes (3) - Nays (0) .
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Butler moved, Searles seconded, that the request VARIANCE
� of Paul Scherber for a lot area and width variance 1342 Rest Point Circle
� at 1342 Rest Point Circle, be approved as no
other adjoining vacant land is available and
� subject to the following conditionse
• 1. No other variances be allowed.
2. Removal of existing accessory structure
r' b�fore certificate of occupancy is issued for
� new residence.
� i��Iotion, Ayes (3) - Nays (0) ,
�
Henry P•�uhich, Building & Zoning Administrator, VARIANCE & PERP�IT
� reported to the City Council that the variance 2435 Scotch Pine Lane
and permit to fill and grade within the marsh-
` lands and 75° of the shoreline for Richard
� Icennedy, 2435 Scotch Pine Lane, be denieU as
recommended by the Planning Commission. r�r.
� Kennedy has also violated the zoning code in
June, 1975 by cutting down four trees exceeding
� 6" in diameter in the protected area within
75 ° of the shoreline, An inspection was made at
�' wh�.ch time the inspector notified P•Zr. Kennedy
. of the violation and procedures for obtainin,q
approval, Photos of remaining tree stumps
� are on filee It was further recommended that
necessary action be taken to negotiate restitution
� of the four trees that had been removed.
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!' ORONO COWCIL iiEETING HELD AUGUST 25 0 1975 Pa e 5
• g
TIayor Searles stated that Orono regulations, VAk�IANCE & PERtdIT
Lake �qinnetonka Conservation District 2435 Scotch Pine Lane
regulations, Department of Dlatural Resources, (Continued)
�' Iiarza Study and the surface water management
studies are conclusive, �•�e have to abide by
� Orono°s and other agency regulations. It was
� noted that public interest has to be observed
when considering filling wetlands. It was
♦ noted that Sec, 31.830 allows for a variance
and a permit if public int�rest is provic�ed for,
• It was noted that the staff and Planning Commission
. members have reviewed the site ar�d since we do
have additional information we might reconsider
i our previous action,
� Searles moved, Butler seconded, to instruct the
City Attorney to prepare a resolution for denial
� of the request of Richard Kennedy, 2a35 Scotch
Pine Lane, for a variance and permit which is
� to be presented to the City Council at their
� September 80 1975 Council meeting. P>Zotion,
Ayes (3) - iVays (0) ,
•
i�Ir. Rod Haskovitz and i�3r, Frank Burc�, representing
• Mro Richard Kennedyo 2435 Scotch Pine Lane,
� arrived late and requested the City Council to
�lloca them to review their request for a
� variance and permit to �ill and grade property
at 2435 Scotch Pine Lane. T�1r, Frank Burg
r reviewed their position stating they will maintain
open space, not o:hstruct draiizage, maintain
� natural beauty, and do want to partially £ill
marsh area,
�
� 1�3ayor Searles again stated that Orono regulations,
Lake :r'innetonka Conservation District regulations,
w Department of Natural Resources, Harza Study and
the surface water management studies are conclusive,
1� we have to abide by Orono°s and other agency
regulations, It was noted that public interest
� has to be observed when considering filling
A wetlands, It was noted that Sec. 310330 allows
for a variance and a permit if public interest
� is provided for, It was noted that the staff and
Planning Commission members have reviewed the
� site and since we do have additional information
we might reconsider our previous action,
•
� Butler moved, Paurus seconded, to reconsider this
matter at the next Council meeting to be held
� September 8 0 19 75. 3�Iotion o Ayes (3) - P1ays (0) ,
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ORONO COUNCIL T�IEETING HELD AUGUST 25, 1975 Page 6
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Tracy Whitehead, representative to Human Rights WEST HENNEPIN HUP�AN
�Commission, reported to the City Council that SERVICES PLANNING BOARD
� the �aest Hennepin Human Services Planning
Board are working on:
•
l, Updating planning guidelines
• 2o City �unding guideline�
�,, 3, Projects such asa
'r' ao Meals on whe�ls
� bo Detox Center
c, Home care services
� d, Senior citizens health care units
eo Senior citizens transportation services
� f, Cancer screening testing
• ge Identify all human service needs in Orono
Nancy Wilson, representative of the West Hennepin
� Human 5ervices Planning Board, stated that the
� WoH.HaS.P,B, will prepare and submit a proposed
budget in detail to the City by September 15,
� 1975, The City staff was requested to submit
names and addresses of Orono residents to Nancy
• �Vilson that request the t�1.HoH,S.PoB. news Zetters.
•
• P�Sre Gayle 6�litting, representing Gayle°s P��arina, BUILDING PE12A�iIT
discussed with the City Council his proposed 3366 North Shore Drive
� building stating that his marina does want
to continue with a definite upgraded landscape
� plan.
� Butler moved, Paurus seconded, to approve the
building permit for Gayle°s �Zarina, 3366 North
� Shore Drive, subject to:
� la No variances be allowed.
� 2. Vines be planted along the fence in the
1976 landscaping plan to provide additional
� screening between trees.
3. RemovaZ of two existing structures along
� east lot line prior to obtaining certificate
� of occupancy for the new building.
� ��iotion, Ayes (3) - Nays (o) .
�
Paurus moved, Butler seconded, to approve the VARIANCE
� variance for Ralph Burnett, for the Scott 2060 Shoreline Drive
� property at 2060 Shoreline Drive, for private
docks, as accessory structures and to approve
� individual private docks for Lots 1-6. Because
�of the extra-ordinary small lot sizes, these
docks would consist of a maximum of two slips
for the mooring of two privately owned boats
• only. �•iotion� Ayes (3) - Nays (0) o
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e ORONO COUNCIL MEETING HELD AUGUST 25, 1975 Page 7
M r�7r. Louis Oberhauser, representing Mr. N. BUILDING PERMIT
Nafstad, Herrick Circle, stated to the City Herrick Circle
� Council thata
"Mr. Nafstad is requesting a building permit
� for the const�uction of one residential unit
on the six acre Her�ick Circle site� The reason
� for this request is that Mr. Nafstad is desirous
of having his house completed so that he can
� move into it this fa�l.
♦ The house is being located at the location
specified in the request for PRD and the
� granting of this building permit will not be
� considered as final approval of the PRD plat
or approval of any of the legal documents
� necessary to carry out the City's desires
concerning PRD. I have advised r�ir. Nafstad that
r he has not secured final approval of the City
of Orono as to the legal documents necessary to
i facilitate the development of this property
• as PRD and that if an agreement cannot be reached
with the City as to the actual language necessary
� to allow for such a development, the City would
be in a position to rescind their previous action.
� Mro Nafstad is willing to accept this risk in his
S request for a building permit and asks that the
permit be issued with that understandingo
�' �nro Nafstad will not occupy the house until such
` tiMe as it is connected to municipal sewer and
will sign an agreement in this accord.
� I do not see any risk to the City in granting
� this request in view of the fact that the property,
under the old zoning classification, was capable
� of sustaining three residential units and hy
granting this permit there will be only two units
� on the property.
` Therefore, if the City and Mr, Nafstad are
unable to reach agreement as to the details
� of a PRD, the property would not be encoumbered
by more structures than are presently allowed
• under its present zoned classification. "
r Letter #2
� "We hereby request and consent to the City of
� Orono amending our application for rezoning
from one of RR-1B to R-1B to a request for
� rezoning from RR-1B to R-lAe
� The application to have the above-described
property developed as PRD should be amended
� as well, in accordance with the amendment
� referred to above so that the PRD is to take
place in the R-lA zone,
� It is my understanding that the original
application will be so amended and that there
� will be no necessity for reapplication in this
matter in accordinance with the Council's �Continued)
� actions at their meeting in July, 1975".
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ORONO COUNCIL MEETING HELD AUGUST 25, 1975 Page 8
�
The City Council acknowledged Mr. Oberhauser's BUILDING PERMIT
� request reminding him that his client was Herrick Circle
� granted conceptual approval only, he will (Continued)
submit all documents for PRD and plats and
� that the original Herrick home will be removed.
� Henry r�uhich, Building & Zoning Administrator, PROPOSED FENCE ORDINANCE
� presented information concerning a proposed
ordinance on fences.
�
� Henry Muhich, Building & Zoning Administrator, PROPOSED l�ETLANDS MAP
presented information on a wetlands map.
�
� Henry Muhich, Building & Zoning Administrator, PROPOSED APPLICATION
presented information of application procedures. PROCEDURES
�
Henry Muhich, Building ,& Zoning Administrator, NORTH STAR MARINA
� informed the City Council that North Star LICENSE
� I�arina signed their marina operation resolution
and that a license has been issued for the 1975
� seasono
� A policy statement waiving fees has been FEES STATEMENT
� tabled until the meeting of September 8, 1975.
f` Butler moved, Paurus seconded, to refer to the TAX FORFEIT PROPERTIES
� Park Commission the following tax forfeit
properties<
S Plat 42740 - Parcels 5525-5600-6370
Plat 43091 - Parcel 7200
Plat 43500 - Parcel 5020
� A7otion, Ayes (3) - Nays (0) .
�
The amendment to the Zoning Ordinance was defer- ZONING ORDINANCE
� red until the meeting of September 8, 1975.
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Dick Benson, City Administrator, reminded the City PUBLIC HEARING DATE
� Council that a public hearing concerning the 73-1 73-1 Assessments
' assessments is scheduled for September 2, 1975,
7e30 PeMo in the Council Chambersa
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. The City Council instructed the staff to submit PROPOSED ORDINANCE
a final draft for approval of an auxiliary police Auxiliary Police Officers
� offic�rs ordinance to be considered at the Council
meeting of September 8, 1975e
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�Paurus moved, Butler seconded, to approve the CONDITIONAL USE PERMIT
issuance of a conditional use permit to the Pager System
� Public Works Department to install an aerial
on the City water tower for the purpose of
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� (Continued)
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! ORONO COUNCIL P�lEETING HELD AUGUST 25, 1975 Page 9
� ifiproving their communication system in CONDITIONAL USE PERM�T
operating a pager sysetm. The legai Pager System
� department was instructed to draft a contract (Continued)
� with r�innesota communications including a hold
harmless agreement and expedite same. Motion,
f Ayes (3) - Nays (0) ,
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i Butler moved, Paurus seconded, to approve A.S.A.P.
participation in the A.$.A.P. and the Orono
i City Police Departmente Motion, Ayes (3) -
Nays (0) .
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� Butler moved, Paurt�s 5econded, to approve the FEDERAL REVENUE SHARING
Federal Revenue Sharing Actual Use Report for ACTUAL USE REPORT
� the period of Jul� 1, 1974 through June 30,
1975 arid 3.nstructcd the staff to publish same.
� t�iotion, Ayes (3) - Nays (0) .
� Butler moved, Searles seconded, to instruct the STRALEY SUNIl�IONS
� legal department to respond to the Straley,
Carlson & etc. summons. Motion, Ayes (3) - Nays (0) .
�
� Butler moved, Searles seconded, to instruct the FLOOD HAZARD AREA MAP
City Engineer to respond to the Department of
Housing & Urban Development concerning the flood
boundaries as revised October 17, 1975 requesting
changes as recommended in the Engineer°s memo
� dated August 22, 1975. Motion, Ayes (3); - Nay (0) .
� Searles moved, Butler seconded, to adopt Resolution RESOLUTION �634
• #634 instructing the City Engineer to proceed with Watertown Road - MSA
preparation of preliminary plans to reconstruct
� the Watertown Road from Willow Drive to the Old
Crystal Bay Road utilizing M.S.A. funds. Motion,
� Ayes (3) - Nays (0) .
� Searles moved, Butler seconded, that the All Funds BILLS
� Accounts 918 through 963, 1008 through 1052, am�nded
to include the Council members in the payroll items
� and the Liquor 5tore Accounts 10822 through 10863,
be paid. P�Iotion, Ayes (3) - Nays (0) ,
�
+ Butler moved, 5earles seconded, that the meeting ADJOURNMENT
be adjourned at 11<25 P.M. Motion, Ayes (3) -
• Nays (0) .
+ � � ' .-���' �z�
� • �-- Ro ert L. Sear es, Mayor
� `/.��
Attest� { (� �
� Walter R. Be n, C er - dmi istrator
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