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Home My WebLink About09-08-1975 Council Minutes � • CITY OF ORONO s Regular PReeting of the Orono Council, 7s30 P.�. � September 8, 1975 * The Orono Council met on the above date with the following members presen�a t�tayor Searles, • Councilmembers nutler, Massengale, Paurus, and Welsh, Also presente Engineer Long, Zoning & Building Administrator P4uhich, Attorney MaJ,kerson, Engineer McCombs arrived late. On the matter of the meeting of July 30 and AMENDED NIINUTES August 4, 1975. To amend the Minutes regarding July 30, 1975 regulating traffic at Good Shepherd Lutheran August 4, 1975 � Church to read> "Every reasonable effort should be put forth to keep traffic to the parsonage at a minimum, encouraging the use of the church parking lot to the fullest extent, while allowing traffic to the residents on Church Street and the Day Activity Center, with a review after six months. " On page 5, correct spelling to Harzae On page 40 redraft language on the Kennedy matter. Searles moved, Massengale seconded, to table the MINUTES approval of the August 25, 1975 Council Tiinutes August 25, 1975 until the September 23, 1975 Council meeting. �T�otion, Ayes (5) - Nays (0) , ` Butler moved, T�lassengale seconded, to approve the MINUTES i�Zinutes of the Special Meeting of July 30, 1975, July 30, 1975 Motion, Ayes (5) - Nays (0) , Butler moved, 1�Zassengale seconded, to approve the �2INUTES � I�iinutes of the Special P�eeting of August 4, 1975. August 4, 1975 �iotiono Ayes (5) - TJays (0) . ! IJo Park Commission comments were torthcoming. No Human Rights Commission comments were forthcoming. John Guthrie, representing the Planning Commission, JOHN GUTHRIE COMT�IENTS was of the opinion there could be more coordination between the Council and the Commission. He felt the timing of the PZinutes exchanged was part of the problem. In the matter of public hearings, he felt a member of the Council should be present at hearings held before the Contmission so there would be more input to that body than the reading �f the PZinutes. Butler moved, Searles seconded, to refer the rip CONDITIONAL USE PERP�IT � rap permit application for Eleanor Pillsbury, Brackett's Point Road Brackett°s Point Road, to the Planning Commissione Tiotion, Ayes (5) - Nays (0) . r ORONO COUNCIL P4EETING FiELD SEPTEMBER 8, 1975 Page 2 � Richard Gothmann, represented himself in a VARIANCE � petition to place a bait shop in the building 1440 Shoreline Drive that housed the former Mac' s Pizza at 1440 � Shoreline Drive. Muhich stated the Planning Commission had given a recommendation for approval with conditions. He showed a parking plan which vaas in conformance arid � thre�- year planting schedule as followse First year, three ash trees to be planted; �ecbnd yeaY, a 3' X 8' roughhewn planter �o be planted with Juniper; third yearo planting across the highway. M�ssengale advised p�acirig ex�ct conditions in the i�iinutes, That t�is is a hon-conforming use in its preseY�t ��atus with two residences, along with the subject builfling on the property and a busy usage across the street. Also, setbacks are not in conformancee Paurus moved, Butler seconded, to approve the usage with the following conditionse lo No other usage than a bait shop, including docks. 2. That the three-year planting schedule be implemented. 3, An aquazine be used for the sanitary facility. � 4, That there be an annual review of existing conditions. 5. Sewage conditions be approved by the City Engineer. T�Iotion, Ayes (5) - Nays (0) o Stan Straley took exception to the above approval STAN STRALEY COMMENTS � saying he was turned down for a bait shop and boat rental on T�Iaxwell Bay Zast year. Searles ,i stated that at that time there was a moratorium on all usage to allow study of the B-2 area for ' the comprehensive plan and lake density. . After members studied the final plat of Charles FINAL PLAT Spear, 3640 Bayside Road, Riedel Company Stubb°s RIEDEL COMPANY STUBB°S Bay Addition, BAY ADDITION Butler moved, Paurus seconded, that the final plat, Riedel Company Stubb°s Bay Addition, 3640 Bayside � Road, for Charles Spear, be approved. P2otion, Ayes (5) - Nays (0) , Muhich presented the variance petition of Michael VARIANCE . Pirich, 2224 Shadywood Road. Brought out was that 2224 Shadywood Road a variance for the same usage had been granted on � this site on t�lay 28, 1974, which under present ordinances expired on May 28, 1975e The Planning - Commission now recommends reapproval. - � Welsh moved, Butler seconded, that the variance be � granted for lot width and size only, not setbacks for P�Ii�hael Piricll, 2224 Shadywood Road, Motion, � Ayes (5) - Nays (0) . � O�ONO COUNCIL MEETING HELD SEPTEMBER 8, 1975 Page 3 � Henry Muhich, Building & Zoning Administrator, VARIANCE � discussed with Council a variance petition for 2700 Shadywood Road William Nichols, 2700 Shadywood Road, to place � a garage on his propertye To accomplish this, he had to have either a variance from the 75 ' � lakeshore setback or a side yard setback from i 35 ° to 15' � Searles moved, Butler seconded, to approve the 15 ' side yard setback for William Nichols, � 2700 Shadywood Road. P4otion, Ayes (5) - Nays (0) . • A;torney Rod Haskovitz and Engineer Frank Burg, VARIANCE & PERMIT � represented Richard Kennedy, 2435 Scotch Pine 2435 Scotch Pine Lane � Lane, for a variance and permit application to partically fill and grade a wetlands area on the � premises, Engineer Burg gave a presentation saying there would be no hazard to health if � accomplished, He did not feel that the flow of runoff would be significantly increased, C nor would the holding characteristics. The . intent was to fill a 100' area, plant it to grass and make it compatible with the natural � habitat. Searles asked what guarantee there was that the engineering data presented was absolute w and that perhaps engineering data by a disinterested engineer should be called for as allowed under • City ordinances, � � T�Zayor Searles also announced that the next COUNCIL MEETING DATE Council meeting would be held Tuesday, September � 23, 1975 at 7a30 P.I�I. instead of Monday, September 22, 1975 at 7a30 P.Me • • Niayor Searles also stated that the principal � source of pollution to the lake is runoft and that retention of the marshlands was a condition ` in approving the division in 1974. '� Councilman t^Ielsh was of the opinion that allowing the filling of this swamp would be an encouragement • for other marginal development. The question was asked as to what public interest was being served a by allowing this. � Bruce Malkerson, City Attorney, stated that Council ,f needed additional input from staff and because of time constraints due to staff being busy with • assessment rolls, there had not been adequate time to review and submit data. ! �Paurus felt that a narrow access to the lake on the west end of the property should suffice � instead of filling the swamp area. The engineer was instructed to study the problems involved and � make a report at a later date, allowing for full staff review, • � .� ORONO COUNCIL MEETING HELD SEPTEMBER 8, 1975 Page 4 • The adoption of the wetl�nd� map �came up for WETLANDS MAP � discussion, Members felt that catttion should � be used in using the map as tHe sole guide in wetland evaluation. � • Skip McCombs, City Engineer, reported that there were some discrepancies in the geodetic survey data, Mayor Searles reques�ed the staff to address � itself to correcting the discrepancies and report to the Council when acceptable, r � Muhich gave a status report on Cheyenne Lane MUHICH REPORT Company and the Eisinger landfill applications. + The Council members commenced a discussion of 73-1 SEWER PROJECT w Sanitary Sewer Project 73-1 at approximately 9e20 P.P•Z. There followed a general discussion r by the Council members concerning wh�;:her or not the connection charge should be assessed. � Y�alkerson noted that if the connection charge � actually represented part of the cost of the construction of this project, then that amount � i.e. $500.00, should be included in the total amount to be assessed either in the unit or the front footage charge. Long stated that in the past, the connection charge was used ';.o y for the Orono Treatment Plant and other sewage disposal � systems which had been built previously and which would thereafter service a sanitary sewer project � such as this one. He noted that each year the bonds for the above projects would lzave to be � paid off and that these connection charges were used to Fay for part of those bonds along with � the assessments previously assessed against the � other benefited propertiese He noted that the connection charge has always been against � property benefited by those previous projects insomuch as their effluent is eventually discharged � into those gipes or into the treatment plant previously paid for by money raised by the sale 4 of general obligation bonds for which others were making payments presently. The Council moved to �' include the $500.00 in the amount to be assessed � since it represented part of the cost of the construction of this p:_-:ject itself. Upon vote, � the motion passed 5-0. It was noted that the City Council would still consider the charging of • a $225.00 connection charge as the City has always done in the past for any property hooking • up to the sewer system. This $225.00 would be � used to pay for the treatment plants and the bonds therefor, and for other capital costs � that were previously incurred �:.� .p� ojects which facilitate the use of the sewer latcrals that � have just been installed in this project. � (Continued) � i' ORONO COUNCIL NIEETING HELD SEPTEMBER �s, 1975 Page 5 � Benson noted that the Metropolitan Council is �charging the City $28,000 a year for the operation of the Orono sewer sys��rit. Therefore, this amount � must be paid for by con�ection charges in part. � There followed general di.�cussion concerning the possibility of c�eferring the �ssessments for one � year and assessing the properties next year. It was noted that the cogt to the City in doing � so would be approximately $100,000 in interest. � Searles noted that he had spoken to John Bolen, Chairman of the Metropolitan Council and the � latter stated that there was no money available for lateral sewer systems such as those in this r project. The P•letropolitan Council is financing t only interceptors that benefit entire communities. ` Long presented an overview of the sanitary sewer project costs and assessments, He reviewed � the amount of the contract with the general contractor, the amount for the services rendered • by the City Consulting Engineer, the amounts related to right-of-way costs, soil tests, City � Attorney costs, bond consultant costs, cost of � preparing and publishing assessment roll, cost of publishings and mailings of notices of hearings, � administration overhead cost to City, bond 3iscount cost, and net interest cost during � construction. He thereafter discussed those items which the Council had previously reviewed � and decided would be deducted from the amount � to be assessed, Thereafter followed general discussion by Long and presentation to the Council � and public concerning the above figures and the formula for the assessment as previously � discussed, Set forth hereinafter in the Minutes is a summary of those costs and assessment formulas • as presented by Long. � � (Continued) • � � I • • � • ! • � � ORONO COUNCIL NIEETING HELD SEPTENIBER 8, 1975 Page 6 r SUZ�ZARY OF 1973-1 SANTTARY SEW�R PROJECT COSTS AND ASSESSMEi�TTS � la Contract with General Contractor $1,233,000 � 2. 5ervices by City Consulting Engineer r a. Engineering '72, g52 � b. Inspection 57,381 c. Surveying 43,643 d. Easement Preparatiori and Negotiation 20,143 • ` 3, Right-of-Way Costs 16,650 4. Soil Tests 2,Qp� � 5. City Attorney costs in condemnation, 10,000 � easement preparation, negotiation + 6. Bond Consultant 8,000 7. Cost of publishing and mailings of 1,442 � notices of hearings • 8, Cost of preparing and publishing 8,000 � assessment roll 9. Administration overhead cost to City 15,000 � 10. Bond Discount 34,000 11. Net Interest During Construction 100,000 Total Cost $1,622,118 �' Amounts to be deducted � $ 25,000 Truck t, 8,000 Oversizing of pipe 115,000 Possible future assessments r 7,600 Trunk acre assessments S $155,600 -155,600 To be assessed $1,466,518 w � Front Foot amount - 40� of $1,466,518 = $586,607 Unit amount - 60� of $1,466,518 = $879,911 • Front Foot Amount = $586,607 = 18016 per front foot � Total Front Footage --� ` Unit Amount = $879,911 = $3, 825.70 per unit � Total Units 230 • � � • • • � � • ORONO COUNCIL MEETING HELD SEPTEh�BER 8, 1975 Page 7 � Because of a conflict with other obligations CHANGE MEETING DATE � for the evening of September 22, 1975, � 5earles moved, Paurus seconded, to change the Regular °:;ouncil meeting o£ September 22, 1975 � to Tuesday, September 23, 1975 at 7:30 P.M. Motion, Ayes (5) - Nays (0) . • �' Welsh moved, Paurus seconded, that Resolution RESOLUTION #635 � #635 to award the low bid of $49,203.15 to Bid Award Buff�lo Bituminous, 100� f�rided by Sta�e Aid Buffalo Bituminous � Funds, be adopted. Motian, Ayes (5) -- Nays (0) . r • Massengale moved, Butler s�Conded, that a TRANSFER OF FUNDS transfer of $15,000 from the Liquor Store Fund ` to the General Fund, be approved, P�Iotion, Ayes (5) - Nays (0) 0 • � Butler moved, Paurus secondedo to adopt Ordinance ORDINANCE NO. 179 No. 179 an ordinance amending Sectiori 31.830 26 ' Setback ♦ regarding the 26' setback. Motion, Ayes (5) - . Nays (0) , � BL�tler moved, Paurus seconded, to adopt Ordinance ORDINANCE NO. 180 � No, 180, an ordinance regarding B�ke/Hike Trails. Bike/Hike Trails Motion, Ayes (5) - Nays (0) , • � Butler moved, Paurus seconded, that a budget BUDGET . T-IEETING S me�ting will be held Thursday, September 18, � i�is at �03o P.M, r�otion, Ayes (s> - Nays (o) . • � Paurus moved, Butler seconded, that Contractor's CONTRACTOR'S ESTIP�IATE Estirnate #10, Nor��-ndale Construction, in the #10 - Northdale i ar.ount of $82,404.91, be paid, withholding an additional $48,346a80 for black dirt until � clarification is submitted from the consulting � engineers and contractors. Motion, Ayes (5) - Nays (0) . f � Butler moved, Welsh seconded, to adopt Ordinance ORDINANCE NO. 181 No. 181, an ordinance concerning au��iliary police. Auxiliary Police � I�Zotion, Ayes (5) - Nays (0) . i � Paurus moved, Massengale seconded, that Rosalie EMPLOYMENT �e Grauwe be employed as the IIuilding & Zoning Rosalie De Grauwe * secretary at a starting salary of $700 per month, erfective September 2, 1975. Motion, Ayes (5) - • Nays (0) , i f � � ORONO COUNCIL MEETING HELD SEPTEMHER 8, 1975 Pag� 8 • Massengale moved, Paurus seconded, that the RESIGNATZON � resignation of Phyllis Wilson, Building & Phyllis Wilson Zoning secretary be accepted. Motion, � Ayes (5) - Nays (0) . • Searles moved, Butler seconded, that a letter RESTbRATI(�N LETTER • concerning restoration of all propertie� after 73-1 Project � the installation of 73-1 sewers be sent to the affected property owners. Motion, Ayes (5) y � Nays (0) . i The City Council instructed the staff to request MINNETONKA BEACH - � a letter from the Metropolttan S�wer Commission ORONO SEWER LINES documenting their cammitmeht to acquire Minnetonka � Beach-0rono �ewe� Yines. � Butler moved, Paurus seconded, to instruct the ORONO-LONG LAKE- � Mayor and staff to finalize and sign the Orono- HACKBERRY HILLS SEWERS Long Lake-Hackberry Hills sewer connection � agreement. Motion, Ayes (5) - Nays (0) . � Massengale moved, Paurus seconded, that the LICENSES � following licenses be approveds Motion, Ayes (5) - Nays (0) . Ernest Machinery & Housemovers Corp. - Mover Vergin Plumbing & Heating - Plumber • � Butler moved, Paurus seconded, that the All BTLLS � Fund Accounts 964 through 1007, 1100 through 1137, 19107 through 19109, and Liquor Store Accounts � 10864 through 10884, be paid. Motion, Ayes (5) - Nays (0) . • • Butler moved, Massengale seconded, that the ADJOURNMENT . meeting be adjourned at 11:10 P.M. Motion, Ayes (5) - Nays (0) . ♦ � � ' , � � Ro ert L. Searles, Mayor • a � � � Attests � ��<� alter R. en on, C er -A i istrator • � �