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HomeMy WebLinkAbout10-14-1975 Council Minutes CITY OF ORONO Regular Meeting of the Orono Council, 7030 P.M. October 14, 1975 � The Orono Council met on the above date with the following members presente Acting Mayor S T�assengale, Councilmembers Paurus and Welsh. Absento P�ayor Searles and Councilmember Butlere Also present: City Administrator Benson, Henry Muhich, Bui�ding & Zd�ing Administrator, and A�torney Bruce Malkerson. ti���lsh moved, Paurus seconded, that the Minutes MINUTES of the Regular Meeting of September 23, 1975, September 23, 1975 be approvede Motion, Ayes (3) - Nays (0) 0 � �0elsh moved, Paurus secon�e�, that the Minu�es ��INUTES of the Public Hearing of September 2, 1975, Public Hearing ' be approved, P�Iotion, Ayes (3)� - Nay� (0) , September 2, 19 75 Ulelsh moved, Paurus secoflc�ed, �hat the Minutes MINUTES of the 5pe�i�1 Meeting of September 4, 1975, September 4, 1975 be approved. Motion, Ayes (3) - Nays (0) , ' 47?lsh moved, Paurus seconded, that the r7inutes MINUTES of the Special r�ieeting of September 8, 1975, September 8, 1975 4a30 P,P4. , be approved, Motion, Ayes (3) - 4:30 P,M. Nays (0) . Plelsh moved, Paurus seconded, that the P�Iinutes MINUTES S of the Budget Meeting of October 2, 1975 , be October 2, 1975 • approved. Motion, Ayes (3) - Nays (0) e Acting Mayor Massengale announced to the public LEAGUE OF WOMEN VOTERS s that the Westonka League of Women Voters is WORKSHOP sponsoring a community workshop entitled � "Our Communityo Alive and Changing", supported bj� a grant of $1,620 received from the D�innesota Humanties Commission. This workshop is to be held at the Good Shepherd Lutheran Church, County Road #15, November 8, 1975, 9000 A, M. - 4v00 P,M. Councilmember Norman Paurus complimented the BIKE/HIKE TRAIL park Commission for their efforts and achievements or their actions and activities in the Park & i Bike/Hike Trail Project during 1975. ' ORONO COUNCIL MEETING HELD OCTOBER 14 ., 1975 Page 2 P�r. Norman Paurus informed the City Council and TRANSPORTATION PLAN public that a final transportation plan will be � submitted to communities in the Lake Niinnetonka area outlining projects to upgrade the present � road system now being used in the areaa This p?an to be submitted in December 1975 should be S reviewed keeping in mind critical transportation needs in individual areas. � Paurus moved, Welsh seconded, that the reqvest VARIANCE RENEWAL of Ed Sandin, 1189 ti�ildhurst Trail, for a side 1189 Wildhurst Trail yard setback variance, be referred to the Planning Commission. Motion, Ayes (3) - Nays (0) . Paurus moved, Welsh seconded, that the request VARIANCE of Russell Wenkstern, 650 North Arm Drive, for 650 North Arm Drive a variance renewal, be referred to thn Planning Commission. Motion, Ayes (3) - Nays (0) . Paurus moved, Welsh seconded, that a lot area and VARTANCE width variance for John Frye, 2585 Lydiard Avenue, 2585 Lydiard Avenue bc referred to the Planning Commissiona Motion, t Ayes (3) - Nays (0) 0 P�ir, Henry Muhich, Building & Zoning Administrator, EISINGER & CHEYENNE reported to the City Council that tr�� Plunning Commission did not have a quorum at t:�eir last meeting to act on the Eisinger and Cheyenne agenda items, � Massengale moved, ti�lelsh seconded, to table the Cheyenne and Eisinger requests until information from the Planning Commission is complete, l�iotion, Ayes (3) - Nays (0) . i Welsh moved, Paurus seconded, that the request for VARIANCE s Hartley Lajoy, 770 Tonkawa Road, for a stre�t lot 770 Tonkawa Road line setback variance, be approved. Motion, 4 Ayes (3) - Nays (0) . Welsh moved, Paurus seconded, that the request for CONDITIONAL USE PERMIT Eleanor Pillsbury, 1420 Bracketts Point Road, for Rip Rap a conditional use permit to rip rap L�ie shoreline, 1420 Bracketts Point Rd. be appr�ved. P�iot ion, Aye s (3) - Nays (Q) , M_re Henry Muhich, Building & Zoning Aclministrator, SUBDIVISION reported to the City Council that Ulmer Construction 70-130-190 Willow Dr. was resubmitting a new proposal for a su�division located at 70-130-190 Willow Drive excluding wetlands and that a public hearing has been scheduled, November 3, 1^:5r 7030 P.M. to hear this proposal. � � � ORONO COUNCIL MEETING HELD OCTOBER 14s 1975 Page 3 � Mr. Ron Haskovit2 and Mr. Frank Burg, representing VARIANCE FOR PERNIIT P�2r. Richard Kennedy, 2435 Scotch Pine Lane, appeared 2435 Scotch Pine Lane � before the City Council regarding a variance for a permit to fill and grade wetlands, • � It was noted by staff that the agenda item #11 contained a typographical error and that item #11 �, should read variance for a permit not conditional use permit. � Mr. Henry Muhich, Building & Zoning Administrator, i distributed a memo from the City Engineer, r��cCombs- � Knutson Associates, Inc, to t'ir. Burg, Mr, Haskovitz, and the City Council conveying an evaluation and � recommendation to fill the area in question. Mr, Burg requested a ten minute recess to study the �, engineer°s report. Acting Mayor Massengale deferred Item #11 for ten minutes and continued with the • next agenda items. After agenda items #12, #�13, & #14, i�Ir. Burg stated that the following engineer° s memo � was too general rather than being specifico � Letter from the City Engineer • "In accordance with the Council's instructions, we � have analyzed the engineering implications of granting approval to fill the subject project owned by rlra � Kennedyo As a matter of background information, you • will recall that when this subdivision was approved and construction started, the contractor was carefully � instructed that there was to be no fill whatsoever placed in the subject wetlands. Subsequent to that, � he did dispose of tree stumps, branches and earth in the marsh and was required to remove essentially � all of this material. �' Looking at the site now and trying to recollect what � it looked like at that time, it appears as though present limits of the wetlands may be somewhat � different from what they were at the start of the projecte However, I don't know if this can be t verified from any existing field information and if some filling of the wetlands has occurred' some of � it may have resulted from debris being washed in � from the adjacent area. � In evaluating the granting of a fill permit for a wetlands, several things have been considered by our +� office, This first is that the proposed scheme is very definitely in violation of the City orc�inances • relating to the preservation and protection of wetlands . and is totally in conflict with the Council's stated � policy of preserving wetlands in their natural state to serve as water containment and treatment basins. The engineer for I�2r. Kennedy has submitted data � indicating that the area of the wet].a.nds could be substantially reduced and there would still be f adequate wetlands to provide for the necessary - volume of water storage. (Continued) � � • ORONO COUNCIL NI�ETING HELD OCTOBER 14 ; 1975 Page 4 • "This conclusion is consistent, with your surface water management plan in that t�� Crystal Bay area does � have a surplus of wetlands as far as the quantity of � runoff is concerned. It should also be recognized that Kennedy's proposal i� to �i11 approximately 75$ * os the wetlands. zf this ��rmi� is granted, I would assume that similar ��rmig�3o� ��r £illing of the A same portion of t�� l�etlan�s �n ��s neighbor° s �, property would ha�e t'd �e g��rite�. This would then result in a serious sHd�t�ge b� pdncing areae Your � surface water manag���ri� l�� considered not only the quantity but also tH2 �����t� o� the �aater. The plan � determined that t��r� �a� on�� 5�$ of thP r�quired v�etlands in the Cry���1 Bay wa�ershed �.�en requirements �' for storm water ru�b�f quali�y was cons�.d��redo There- ` fore, to grant a pe��i� to, �i11 any wetlands in the Crystal Bay water�hed i� incon�istent ��ith -ch�s plan. � Befor� any fillirig c�ri ��ke place, it would require � the �pprb��� of the �innehaha Creek W�tershed District i7a�agers, t�e Mi�nesota Department of Nwturat Resources, • and tHe ��rps of Engineers, The proposal is to fill below the 930 elevation and this propo�al is very much �� in conflict with the Minnehaha Creek Trd��cer�h�d i District regulations on wetlands. Th� C�rps of Engineers permit will require that an e�s�ri�^on:aental � assessment be prepared and submitted �� pa�t of the application before it can be consider�d and approved � uy the Corps. �►' Summarizing this, we feel that grant:_��� of th� fill � permit to fill the wetlands would be inconsi�tent with your zoning and wetlands policye This �aou?� be • inconsistent with your surface water m?n��ge:r:snt plan in as much as it would result in a rec�:�c���on of the �, availability of wetlands in the waterC�e�J �o nrovide the �reatment you have determined desirabie in your • surface water management plan, Its �p1A:"0�7�1 �aould open the way for requests to fill other pa�:-�_ions of '� the marsh by adjacent property owner� �ahich �•�ould result � in the final, remaining wetlands being inadequate to provide the storage capacity consistent w:.th your plans. ! We would, however, offer an alternate �olution for your � considerationo We would recommend t'r.at in erder to provide P�1r, Kennedy with access to th� lak�shore that • a variance be granted from your wetlanc?s orainance � which requires that a 26 ' setback fr�� the edge of the wetlands be maintained in the natura7. stat�, v�]e would � propose that the City construct a catch �aaain at the low point in the cul de sac and provide a pipe from (j this point to the edge of the wetlands, The Council could then grant Mr. Kennedy a permi� to fill the • westerly 15' of his property as long as no fill is nlaced below elevation 930a The elevution of the top � of this fill would be approximately the �amQ elevation � as the frost ridge at the edge of the lakao This � (Continued) r • ORONO COUNCIL r2EETING HELD �CTOBER 14, 1975 Page 5 � • would provide a generally sloping access from E�GINE�R'S LETTER Kennedy' s yard to the lakeo If permitted, the (Continued) � fill should be graded so that the bank to the west would be landscaped to prevent its further sloughing � and erosiona The entire area should be turned into a lawn area by quickly establishing ground cover. _ This proposal would provide TZrv ICennedy with the • requested access to the lake and it would not necessitate filling any designated wetlands; and � therefore, would not require the Department of Natural Resources permit, the Minnehaha Creek �, �•1a.tershed District premit, or the Corps of Engineers permit. This proposal would provide � a much more environmentally sound solution than the filling of the wetlands and would be consistent with � your wetlands policy and would nat establish any � precedent for the filling of wetlands. � [-Je also observed when looking over this site that considerable erosion is occuring from the other � properties. Some of this eroded material is washing onto the street, accumulating on the street or � washing into the wetlandso It would seem to me that the property owners along the street shoLiJ.cl be required S` to provide ground cover as quickly as possible to ` prevent any further erosion of the boulevard and/or their private property and the City also should carry � out a program of street sweeping so that the street is kept clean and anything on the street does not � wash on down to the wetlands. " End of letter. � Acting T2ayor ilassengale stated that the City Council wants to pursue any and all alternatives that are � viable which will not create a major surgery or impact � on our wetlands as provided for in Ordinance Noo 125, Orono's water management plan and Ordinance No, 179 , � which relates to Orono's 26' environmental protection ' buffer zoneo These regulations and Orono's 75' setback i • crdinance are designed to protect our wetlands as S they exist today. ,� T�ir, Burg stated that his client could not maintain a 10° or 15 ° proposed walkway to the lake. i ilr. Rick Sather representing McCombs-Knutson, City ! Engineer, stated that fill should not be placed higher than the existing ridge at the lakeshore and that the � City Engineer's proposal is a viable solution. A catch basin and pipe to the edge of the wetlands would ; provide adequate maintenance for water runoff from the adjacent areas. � iir, Burg asked, "If my client resubmits plans, should we provide means to install a storm water drain?" 1 The existing gully is a menace to the health, safety and welfare of Orono residents. Mr. Rich Sather commented � that the plans should include a provision for a catch � basin and drain pipe. K (Continued) � � � ` ORONO COUNCIL riEETING HELD OCTOBER 14, 1975 Page 6 � Bruce P�Ialkerson, City Attorney, commented that fill placed below elevation 930' wou�d r�quire plans to be w submitted to the Corps of Arny Engineers with an environmental impact statemente � • Mr, Burg requested a five-minute break to discuss the proposal with his client. � Council moved to Item #15 i Mr, George Johnson and P�Ir. John Allenburg appeared VARIANCE ` before the City Council regarding Mra Allenburg's 865 Partenwood request for a variance to construct a home at � 865 Partenwood, Mr. George Johnson stated that he � did not agree that a variance from the lakeshore 75' setback was necessary. r�ir. Johnson further stated � that 30° setbacks were included when the division was accepted in 1972 and should thus provide �,► automatic acceptance for all setbacks in the future. NIr, Johnson stated thats � • 1. The proposed home will not block view of the lake. 20 6�Ii11 provide for protection of direct storm + �aater runoff into the lakee 3, That the proposed home will not destroy trees, � terrain or natural ground covero � iir. Henry riuhich, Building & Zoning Administrator, s�ated that only one Planning Commission member � has reviewed the proposed building site and felt � that there were other viable alternatives to locating the proposed home. Acting Mayor Walter P�Zassengale f, informed the applicant that the existing ordinances zequired a 75' setback and that in view of the � proposal in front of the Council, a request for a variance from this 75' setback to a 50° setback, or � a variance of 25' , was being requested. � ��elsh moved, Massengale seconded, to refer to the � Planning Commission a request for a variance of 25 ° f-rom the 75 ' setback to a 50' setback based on a � staff finding that the 75 ' setback ordinance does apply. i�iotion, Ayes (3) - Nays (0) . � After Item #15, Council returned to Item #11 • � Mr. Ron Haskovitz, attorney representing t7r. Kennedy, VARIANCE FOR A PERAZIT requested two weeks to review the City Engineer°s 2435 Scotch Pine Lane � report and recommendations. Mr, Haskovitz was informed that this item will be placed on the � October 27, 1975 Council agenda, � � a � � . � � ORONO COUNCIL MEETING HELD OCTOBER 14 ; 1975 Page 7 � NIr. Ted Boer, 1392 Baldur Park Road, appeared before VARIANCE the City Council with a scale model of his proposed 1392 Baldur Park Rd. � structure and grading plan. Mr. Henry T�Zuhich, Building & Zoning Administrator, stated that P-Zr. ! Boer was desirous of receiving Council approval as . soon as possible in order to initiate his grading plan before winter. Acting P�ayor Massengale stated + that his was a unique situation and that erosion of the dirt bank on the lake frontage of Mr. Boer's � home was continually eroding into Lake Minnetonka and that modification of this bank would tend to 1 cure additionai serious erosion problems. Mr. Rick • Sather, representing McCombs-Knutson City Engineer, stated that grading of the bank, placing of the excess � dirt on the existing property, and removing a decaying tree on the lake side area would require a mulch to � act as a ground cover and a berm to protect the lake from further erosion. • Paurus moved, Welsh seconded, to grant a variance to M the lakeshore setback, subject to the City Engineer � monitoring all phases of this work and submitting documents of approval of all grading, ground cover, � and berm construction. The Building & Zoning Depart- ment was instructed to document with pictures all �. yproposed and completed work on the site. P�Zotion, Ayes (3) - Nays (0) . • � T�r. Henry Muhich, Building & Zoning Administrator, COP�BINATION � discussed with the City Council the status of 3185 North Shore Dr. Tract G, Parcel 7000, stating that P•7re Fred Rogers i had originally applied for a variance on this lot area and width and then withdrew his request r �hortly thereafter; now, r�ire Darrel Stewart, owner � of Tract H wishes to combine Tract G �aith Tract He Since this request has not been submitted to the � Planning Commission, the Council deferred action until further information is available. • � Paurus moved, irJelsh seconded, that the Planning PROCEDURE CHANGE Commission procedure change be referred to the Planning Commission r Planning Commission for recommendation. P�totion, � Ayes (3) - Nays (0) . + t�7ro Brad Hays appeared before the City Council 73-1 AS5ESSP�IENT � requesting a review of his 73-1 sewer assessment, Brad Hays Acting Mayor P•�assengale informed him that Orono • was in receipt of a Notice of Appeal concerning his assessment and that any further action would � be through the official assessment appeal process. ♦ a � � . � . ORONO COUNCIL P�ZEETING HELD OCTOBER 14; 1975 Page 8 Dick Benson, City Administrator, reported to the JOINT USE AGREEMENT City Council that Orono has entered into a Joint Csono-Minnetonka Beach • Use Agreement with the Metro Sewer Board providing �ewer service for Minnetonka Beach. Mre Benson � stated that Orono was in receipt of a letter from � the Nietro Waste Control Commission which stated thats � "In response to your letter of Septem.ber 25, 1975 � in which you sent to us the signed copies of the Joint Use Rental Agreement to provide service to � t��innetonka Beach through the City of Orono's trunk � sewer, please find enclosed a fully executed copy of the subject Agreemento � Perha s at this time p you are aware that the PZetropolitan � Council at its regular meeting held Friday, September 26, 1975, provided for the acquisition of the Orono-Long • Lake Int�rceptor, the subject of the above referenced Agreemente Upon official notification from the Council, + the Commission will take immediate steps to proceed � with the formal acquisition. We would anticipate that the interceptor agreement will be adopted on or about ` January 1, 1976. The subject Agreement <<;ill therefore have a rather short termo We are satisfied to proceed � with the execution of the Agreement to cov�r this period or until such time as the acquisition �s implPmented. � * For your information, the Commission will pay under SAction 3 an estimated amount of $2, 860 per Gnnumo r This amount would be prorated to a mcnthly base by d�viding by 12 and remain in force �;��.il such time + as the acquisition is completed by ti:� Commissiono The figure of $2,860 given above is based on $600 • per mile which has been used for most contracts. � No additional allowance is suggested for �he operation of the pumping station due to the extremely low � flow that will be discharged by Minnetonka. As is our usual practice in addition to the above mentioned � fee, we would be willing to assume th� prorated power cost if it is metered at each pumping station. • You will note that in exEcuting the Agreement we have � inserted the amount of $2,860, however, if you wish � to negotiate this amount, we would be agreeable to amending the Agreement at that timee We assume that � the insertion of the amount would be appropriate in order to consummate the understanding which will t �:�rmit immediate service to Minnete��`-_� �each, • Please be assured of our willingness and openness �to discuss this matter further with youa Should �here be any problems, please bring thnm to my � ���rsonal attention. " � Richard J. Dougherty, Chief Administr �.tor � i �ORONO COUNCIL MEETING HELD OCTOBER 14, 1975 Page 9 � Paurus moved, Welsh seconded, that Resolution #644, RESOLUTION #644 � A Resolution Relating To Participation In The Hennepin County Suburban Hennepin County Nursing District, be Nursing District � adopted. P4otion, Ayes (3) - Nays (0) . � � Acting Mayor Walter Massengale announced that the METRO COUNCIL MEETING City of Orono is hosting a Metro Council Regional November 19, 1975 � T�eeting to be held at the Freshwater Biological Institute November 19, 1975 at 7;30 P.t•Z. The � meeting is open to the public and nine communities in the Lake 1�Iinnetonka area and is designed to i allow officials and residents to address themselves to Metro policies as they relate to rural communities. • � Welsh moved, Paurus seconded, to approve Change CHANGE ORDER #3 � drder #3 in the amount of $4,490.20 to repair 73-1 Sewer Project �amage to the Stubbs Bay Road created by the 73-1 � sewer construction projecte Motion, 1�yes (3) - Nays (0) e ♦ r �aelsh moved, Paurus seconded, to accept the RESIGNATION r�signation of Mr, Steve Schmidt, sew�r and water Steve Schmidt ::�aintenance man. Motion, Ayes (3) - I�1ays (0) o ♦ � ��Telsh moved, Paurus seconded, to approve the EMPLOYMENT employment of Mr. James Gregory to fill the James Gregory � vacancy of sewer and water maintenance in the � Public Works Department vacated by P�ra Steve Schmidt, at a starting salary of $4,65 per hour, ` effective September 29, 1975. Motiorl, Ayes (3) - D1ays (0) , � � Paurus moved, Welsh seconded, to approve the EMPLOYIuiENT ' employment of P�Ir. Floyd Kleve to fill the Floyd Kleve vacancy of LeEsO. in the Public Works Depart- � ment vacated by P�2r, Tom Dorrel at a starting rate of $5.34 per hour, effective October 14, 1975. � T�lotion, Ayes (3) - Nays (0) o r + Dick Benson, City Administrator, reported to the DELINQUENT SEWER & City Council the status of delinquent sewer and [aATER BILLS � water billso In 1974, we submitted a resolution to the County in the amount of $6,2930 :6, to be � certified on taxes for delinquent sewer and water bills. This year we certified $8,200e66; this • represents a 30$ increase in delinquent se��er and water bills for 1975, with only a 4o increase in � t�nits being charged. � The accounts receivable for water and sewer was �22,894,32 and $66,876e68, respectivelys � The amount of $8,200. 66 in delinquent sewer and � �aater bills represents a 10% delinquency, which is approximately the same percentage as unemployment i and ad valorum taxes in 1975. - - -- � � ORONO COUNCIL MEETING HELD OCTOBER 14, 1975 Page 10 � Dick Benson, City Administrator, reported to the SEWER CONNECTION City Council that the Hackberry Hill-Orono-Long AGREEMENT Lake Sewer Connection Agreem�nt has been completed Hackberry Hill • and signed by both municipalities and that sewer service is available in that area effective � October 8, 1975. � � Paurus moved, Welsh seconded, that the third LIQUOR STORE AUDIT quarterly Audit for the Liquor Store be accepted. • l�iotion, Ayes (3) - Nays (0) . • � Welsh moved, Paurus seconded, that the August REVENUE & EXPENDITURE Revenue and Expenditure Report be accepted. August � Motion, Ayes (3) - Nays (0) . � Paurus moved, Welsh seconded, to approve a refund REFUND • of $6.56 for Mrs. W. L. Nelson, 113 Chevy Chase � Drive, t�iotion, Ayes (3) - Nays (0) . A report on lake accesses was deferred until LAKE ACCESSES � the next meeting when more information will. be available. � � After reviewing the Corps of Army Engineers' CORPS OF ARt�Y ENGINEERS ! letter discussing the possible issuance of a general permit for Lake Minnetonka to install � family docks, buoys and small shore protection projects, the City Council instructed staff to � request the Corps of Army Engineers to include marina docks and multi=use docks as a part of � this regulation. � Welsh moved, Paurus seconded, that the City of � Orono request the Corps of Army Engineers to include marina docks and multi-use docks as a � part of their general permit regulationg. Motion, Ayes (3) - Nays (0) . � r Paurus moved, Welsh seconded, that the following TRADE LICENSES � licenses, be approved: Motion, Ayes (3) - Nays (0) . � Taxi I,icense * Diamond Cab Company - John A. Clinkenbeard i Bill Wear Excavating Company & Ronald Holmquist - � Plumber & Sewer Hookup - Sewage Disposal Installation Ouverson Excavating - Sewage Disposal Installation , S�etz & Berg, Inc. - Plumber i • � , � � ORONO COUNCIL MEETING HELD OCTOHER 146 1975 Page 11 • Welsh moved, Paurus seconded; th�t the Al� HILI,S F�:nd Accounts 1183 thro�igh 122'�i 1307 through � 1399; 19120 through 19132� �nd L3qizo�r Store � Accounts 10919 througfi �ti92�� be paid. Motion, Ayes (3) - Nays (0) . � • Paurus moved, Massengale seconded, that all FIRE CONTRACTS Fire Contracts be reviewed. Motion, Ayes (3) - � i�ays (0) . • S Welsh moved, Paurus seconded, that the meeting ADJOURNMENT be adjourned at 9:40 P.M. Motion, Ayes (3) - � Nays (0) . � � ,� - � � � � C L ����� � obert L. Searles, Mayor � �-/.-.._—� • Attest: ' � ti�Ia ter R. Be s , C er -A inistrator • � • • � • � • � i • • • • � • � �