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HomeMy WebLinkAbout11-10-1975 Council Minutes . • � � CITY OF ORONO Regular Meeting of the Orono Council, 7z30 P.M. �November 10, 1975 � The Orono Council met on the above date with � the following members presento Acting P�tayor T�tassengaleo Councilmembers Butler and Pauruso � Absent> r�tayor Searles and Councilmember Welsh. Also presento City Administrator Benson, � Buildiny & Zoning Administrator r�Iuhich, and City Attorney Malkerson. � Butler moved, Paurus seconded, that the MINUTES + T�tinutes of the Regular Meeting of October 27, October 27, 1975 1975, be approved. Motion, Ayes (3) - Nays (0) . � � Butler moved, Paurus seconded, that the AIINUTES i•Zinutes of the Canvass Board A4eeting of Canvass Board • November 5, 1975, be approved. Motion, Ayes (3) - Nays (0) . � Councilman Norman Paurus commented that the BIKE/HIKE TRAILS Bike/Hike Trails Committee needs assistance COMMITTEE in planning and funding, Councilman Norman Paurus announced that the LO[�� INCOrTE HOUSING Human Rights Commission are preparing to initiate an analysis of low income housing ! in Orono, Acting P�ayor Walter Massengale informed Planning JOINT t�1EETING • Comnission member, Brad Van Nest, and the public, Multi-Dwelling Ordinance . that a meeting composed of Council, Planning Commission, and Park Commission members wil]. be held December 10, 1975, 7: 30 P.DI. to discuss the multi-dwelling ordinance. � 1�7r. Fred Herfurth, representing 1�2ro A1 [ahitman, SUBDIVISION 1540 Sixth Avenue North, application for a sub- 1540 Sixth Avenue North '� division, requested of the Council a variance to the topography and park dedication fees. Acting I�Zayor Walter Massengale stated that this would � be placed on the December 10, 1975 work session agenga. � Butler moved, Paurus seconded, that the request VARIANCE or Carol Ann Bialon, 3329 Crystal Bay Road, for 3329 Crystal Bay Road a lakeshore setback variance, be referred to the i Planning Commission. Motion, Ayes (3) - Nays (0) . � ORONO COUNCIL P�TEETING HELD NOVET4BER 10, 19?5 Page 2 � Butler moved, Paurus seconded, that the request VARIANCE • for Darrel Steward, 3175 North Shore Drive, 3175 North Shore Drive for a variance for lot area and width and � waiver of unit sewer assessment, be referred � to the Palnning Commission. Motion, Ayes (3) - Nays (0) , � • Butler moved, Paurus seconded, that the request VARIANCE for Maurice I�ZcCaffrey, 1065 '�1est Ferndale Road, 1065 West Ferndale Road � for a variance for removal of 12" diameter tree within 75 ' of lakeshore, be referred to the Planning Commission. Motion, Ayes (3) - ,� Nays (0) . � Butler moved, Paurus seconded, that the request VARIANCE � for Earl Norwood, 1360 Vine Place, for a street 1360 Vine Place setback and side yard setback variance, be � referred to the Planning Commission. Motion, � Ayes (3) - Nays (0) . Butler moved, Paurus seconded, that the request SUBDIVISION for Phillip Dykstra, 3080 North Shore Drive, 3080 North Shore Drive for a subdivision, be referred to the Planning � Commission, Tdotion, Ayes (3) - Nays (0) , �Butler noved, Paurus seconded that the re uest V . q ARIANCE for John Allenburg, 865 Partenwood, for a 865 Partenwood i variance and conditional use permit, be reterred to the Planning Commission. Motion, � Ayes (3) - Nays (0) . , Betty Chandler, representing the Minnetonka MINNETONKA ARTS CENTER Arts Center, commented that: • "The P�tinnetonka Center of Arts and Education is � planning the restoration and renovation of the Old Hill School building located on Center property, The restored building would house i photography, dance, smal.l lectures, music and needlework classes. PZr. Henry 1�Tuhich has stated that we have been � given a non-conforming use permit for the old buildingo �•ae would like confirmation from the � Council that this is sufficient to proceed �aith i our plans for restorationo " l�ir. Bruce Malkerson, City Attorney, stated that �a conditional use stays with the land, not the owner, and that a school is an allowed conditional use, r Paurus moved, I3utler seconded, to waive referral to �he Planning Commission. Motion, Ayes (3) - �! �vay� (o) ' - (Continued) r � ORONO COUNCIL T�ZEETING HELD NOVEt4BER 10, 1.9y5 Page 3 Paurus moved, Butler seconded, Coaceptual P•1INNE�'OA1KA ARTS CENTER � approval for conditional uses for both huild3ngs (Contihued) of the t�iinr�etonka Arts Center, subject tv stiaf� � findings and adoption of resolution at the rt�xt meeting, LZotion, Ayes (3) - Nays (0) . � I3enry P•Zuhich, Building & Zoning Administrator, CHEYENNE LAND COMPANY stated that the Planning Commission adopted the resolution entitledo "A Resolution Defining the • Conclusions of the Planning Commission Regarding the Rezoning Application of Cheyenne Land Company for lOQ Orono Orchards Road" and that , the following 3�e included as supporting documentation: + 1, Zoning Administrator memo dated October 21, 1975 � 2, Summarization of File - Cheyenne Land Company 3, Chief of Police memo dated October 6, 1975 • Cheyenne Application - Acting Mayor P�iassengale � revievaed the status of the review of the application by the Planning Commission and the Council, He noted that the Planning Commission , had recently adopted a resolution recommending denial of the petition for rezoning. i�iassengale � asked if anyone was present to represent Cheyenne Land Company. Jim Diracles indicated that he �was the only one present and that he was the , attorney for Cheyenne Land Company. The applicant - was not at the rneeting. Hank P�uhich noted that � he had given copies of the Planning Commission resolution to Aqr. Diracles. PZr. Diracles stated � that previously he had received a packet from the City which included the various materials that the Planning Commission had reviewed • including the September 12 letter from the City Engineer, an October 3, 1975 memo £rom Hank AZuhich, the Zoning and Planning Director of the City, and an October 6, 1975 memorandum from the Chief � of Police of Orono concerning the traffic problems involved with that area of the City. The T�ayor stated that the Zoning and Planning Director should continue to send all data concerning this application • to Alro Diracles for his review. He stated that �nly three councilmembers were present at the � meeting; two were out of town. He stated that , in order to vote to rezone the property, there must be a 4/5 vote of the entire Council. � There were only three councilmembers present� it did not make sense to take up the apnlicant's time to review the matter in detail for three of the members and then have to do it again at �the next meeting when all five members would be resent, The Tiayor, however, asked if T�Zr. Diracles would like to review the materials that had � previously been submitted to him and whether or not he would like to make any comments concerning (Contin�xed) ` � ORONO COUNCIL PIEETING HELD NOVEP4BER 10, 1975 Page 4 � the application for rezoning. T�r. Diracl�s CHEYENNE LAND COMPANY � �tated that the Planning Commission and Council (Continued) had been reviewing this matter for some �ime and he did not know whether or not any mof�e review would be productive. Acting P�iayo� e T-7assengale stated that if he wished to make any statements he should certainly feel free to do so, P•1r. Diracles declined to make any otKer � comments. r�r. I�Zuhich noted that there had been some delay previously because there had been new membe�� who joined the Planning Commission who watit�d to review certain materials so that they would have � the necessary background concerning the application � for rezoning in order to make an intelligent and rational decision concerning the application. � It was noted by N1r. Diracles that the application � �•�as only to rezone and that this was not a proposal to subdivide the property at this time, I-i� stated that the preli.minary plat had been � submitted to indicate to the Planning Commission what the ultimate use of the property would be if the rezoning were allowed, The Acting Mayor stated that since there were only three members present, the Council would table this matter until the next meeting, at which time P•zr, Diracles ��aould again be able to present additional material and the Council would again review a the application. � Butler moved, Paurus seconded, that the Cheyenne � Land Company application be tabled until the meeting of November 24, 1975, PTotion, Ayes (3) - � Nays (0) o a • Henry Piuhich, Building & Zoning Administrator, EISINGER LANDFILL stated that the Planning Commission at their meeting held November 3, 1975, adopted the resolution entitled "A Resolution Defining e the Conclusions of the Planning Commission Regarding the Landfill Application of Howard Eisinger for 3255 Wayzata Boulevard" and that the following be included as supporting c:ocumentation: � lo Assessors memo dated October 7, 1975 2, Chief of Police memo dated October 6, 1975 3. 1�IcCombs-Knutson & Associates letter dated October 9, 1975 � 4> Zoning Administrator memo dated October 21, 1975 5. Norman Larson letter dated June 21, 1975 to � the Pollution Control Agency 6, File summarization entitled "Contents of Village Records regarding the Eisinger Landfill" - ' (Continued) s � ORONO COUNCIL MEETING HELD NOVEMBER l�, 1975 Page 5 i Acting Pdayor T2assengale asked if anybody was EISINGER LANDFILL � present to represent P�ir. Eisinger. There (Continued) was no response from the audience. Nir. Muhich stated that notification had been given to the attorney for Mr. Eisinger, R�assengale S reviewed the status of the file to date and the various reviews that had taken place by the Planning Commission and the Council concerning . the application for a variance of permits to allow for the operation of a sanitary landfill on the Eisinger property. Mr. Massengale requested that staff continue to send to the Eisingers any material that the City has concerning this applicationa P�iassengale noted that the Planning � Commission had adopted a resolution recommending denial of the proposed use. P4assengale moved, Butler seconded, that the matter be tabled until the meeting of November 24, 1975, since there was no one present to represent the Eisingers. Motion, Ayes (3) - Nays (0) . Paurus moved, Butler seconded, to approve the VARIANCE side yard setback variance for Kermit Eisinger, 40 Smith Avenue ' 40 Smith Avenue, due to the hardship to the structure and because of similar locations of structures on neighboring propertiese r4otion, Ayes (3) - Nays (0) . Rutler moved, Paurus seconded, to approve the FINAL PLA� � final plat, North Arm Estates, for Enger Johnson, North Arm Estates 360-370 North Arm Lane, and that the nark 360-370 North Arm Lane dedication fees be set in accordance with forth- � coming amendments if the fee should be of a lesser amount. A2otion, Ayes (3) - Nays (0) . S Information was incomplete regarding the multi- MULTIPLE Dt�LLING dwelling ordinance and park dedication fee PARK DEAICATION FEES umendment. Acting Mayor Massengale instructed t staff to place these items on the December 10, 1975 special Council meeting agenda. IIenry Muhich, Building & Zoning Administrator, COMPREHENSIVE SEti�1ER PLF,�, discussed the Comprehensive Sewer Plan and • r�ported that data was incomplete, Acting Aiayor T�Ta�sengale instructed staff to place the item on the December 10, 1975 special Council meeting agenda, �Paurus moved, Butler seconded, that the re uest q LIgUOR STORE SIGN � of Lorraine McGowan, Orono Liquor Store RZanager, for a variance to erect a sign at the Liquor Store, be approved. Motion, Ayes (3) - Nays (0) . � � ORONO COUNCIL i•4EETING HELD NOVET�ZBER 10, 1975 Page 6 Paurus moved, Butler seconded, that Resolution RESOLUTION #645 � #k645, A Resolution Granting Richard Y.ennedy A Richard Kennedy Variance From The Orono Zoning Code To Allow 2435 Scotch Pine Lane Fill To Be Placed Above The 930 Contour Level, ` Along The Westerly Lot Line Of His Property, Within The 26 Foot Setback From The Marsh, But Not To Extend Into The AZarsh Itself, be adopted. Motion, Ayes (3) - Nays (0) e � Butler moved, Paurus seconded, to employ P�4rs. EP�ZPLOYMENT Betty Wallin, Route 5, Mound, as clerk- Betty Wallin receptionist, effective October 28, 1975, at a beginning salary of $2.60 per hour and an evaluation after :three months. Motion, Ayes (3) - Nays (0) . Butler moved, Paurus seconded, to adopt RESOLUTION #646 Resolution #646 allowing r1r. Red Daniels Red Daniels thirty days leave with pay and other accrued benefits for a disability discharge with final termination December 7, 1975 at 4: 30 P.M. T�lotion, Ayes (3) - Nays (0) . Dick I3enson, City Administrator, informed the 73-1 COMPLETION City Council that the 73-1 sewer construction lines and lift stations have been approved by Orr-Schelen-Mayeron. The Engineer°s memo which states thata * "This firm, along with people from your public � works staf f, have given a final inspection to the 73-1 project. The sewer pipe, lift stations � and appurtenances were approved as complete ' and operational on October 31. There are two exceptions to total operation. One is the grinder pump on the Goetschell property and the other is the grinder pump on the Hurr property, Each of these have a minor electrical problem which should be cleared up today. Therefore, except for these two locations the citizens may connect to the sewero The final inspection included preparing a punch list of restoration items to be completed, � These should be completed by the end of this week, I am also giving to the Contractor today a copy of all the letters I have to date wnich were returned from your recent mailing, The majority of the items in these letters were �lready on the punch list and the additional ones were minor in nature and should be completed this week also. " Wayne R, Long (Continued) � ORONQ COUNCIL 1�ZEETING HELD NOVEMBER 10, 1975 Page 7 � The Ci�y Administr�tor also sta�ed that moniea 'I3-1 CbMPLE�'ION are beir�g withheld until the project is 100� (Continued) completed and tha� tk�e benefited property owners are being informed by letter that they can C� connect to the public seWers and to no�ify the City if restoration has not been completed on their pxoperty. Acting Niayor t�lalter Massengale announced METRO COUNCIL A�IEETING that the City of Orono was hosting a PZetro F.t�7.B.I. - November 19 � Council meeting at the Freshwater Biological Institute November 19, 1975, 7: 30 P.D2. for the purpose of informally discussing issues facing metro and rural areas and the l�ietropolitan Council, The public is invited to attende Pcting Mayor Walter Massengale requested ICE ARENA �hat the ice arena agenda item be deferred � until the November 24, 1975 Council meeting �rhen a full Council will be in attendance, � Paurus moved, Butler seconded, to employ Mr, E&TPLOYP7ENT C�yde Cahoon, 1119 Loma Linda Avenue, and P�r, Clyde Cahoon � T�m Schoen, 128 Brown Road South, as temporary Tim Schoen light equipment operators for street winter call outs at a starting rate of $3e00 per hour d�aring a three week breakin period and $5.59 per hour thereafter when operating equipment. P�otion, Ayes (3) - Nays (0) . ! Dick Benson, City Administrator, informed the BUS SHELTER City Council that we have had a request for a � bus s�helter in the Navarre area. John Gerhardson has checked the area and recommended the southwest corner of County Road #19 and County Road #15e � If this location is used, no extra lighting will be necessary because of street lights. It �•�ill be the City's responsibility to pour the slab, cleanup litter, and snow remo�al, According ,r to Mr, Jessup from r4TC, a cement slab can run as high as $500. Once the request has been made from the City, the MTC applies for a permit from Hennepin County; at that time, we will have to mark the exact location. Paurus moved, Butler seconded, that in light ' of the recent renewed interest to develop the ��irea in question, the Administrator was instructed to request the MTC to construct a temporary �helter until a permanent location would be available. Motion, Ayes (3) - Nays (0) . � � ORONO COUNCIL MEETING HELD NOVEMBER 10, 1975 Page 8 � Dick Benson, City Administrator, discussed I976 ASSESSMENT INCREASE Hennepin County's letter to the City of Orono which states that: V "This is to report to you the findings of our � ratio studies that give us the best indication � of the amount of inflation that must be considered when preparing your 1976 assessment � lists. � As you can see from the accompanying chart, •3.t will require an average increase of 13.2 percent � to arrive at market value in your 1976 assessment. Unless you have good reasons to disprove these ! findings, it would be well to reflect this � amount of market growth in 1976, since these are the sales that we will use in measuring � your assessment level for 1976. ♦ In the past, we have made personal visits to � most of the Municipalities to discuss our finding with assessors and managers, but time � is too short for us to make all of these calls this year. We will, on request, be happy to make t, such a visit to explain our positions concerning County wide equalization. We prefer to make such calls, if possible, during normal office hours, but let us know if you need help at any time, � Please make this information auailable to your �, manager, or with the proper official in your jurisdiction. A The idea has been discussed that it may be of � help to you if we prepare the transaction list • on which you will return the 1976 values with an aggregate increase to reflect this inflation. � You would then change the 25$ that were re-appraised and any others that you would want changed, but leave those that you felt were "on value" alone. This would save much clerical work in your office � and key punch work here at the County. We will hope to discuss the proposal further at our • November 12th Red Coach meeting. " � R. W. Martin � Hennepin County Assessor � The City Council requested the Administrator to reguest Mr. Glenn Hawkyard, [�est Hennepin � County Assessor, to be present at a future Council meeting to discuss Hennepin Courlty's � proposalo • i � � � ORONO COUNCIL MEETING HELD N4VE11'tBER 1�, 1975 Page 9 � Mr. Richard Sathre, representing McCombs-Knutson EILEEN STREET Associates, Inc. , City of Orono Engineers, Reidel Stubbs Bay Add. discussed the status of Eileen Street, Reidel Stubbs Bay Addition and the Engineer's memo • Which states that: "Per your request, Mr. John Gerhardson, Lyle • Swanson and myself, visited the subject site ` on November 6, 1975. The final acceptance of ! the subject street should be deferred until � such time as the following four items are completed: � 1. Ground cover on boulevard areas must be established. � 2. Bituminous surface must be cleaned. � 3. Site distance to the north at the entrance to Eileen Street must be improved by regrading � the existing bank. 4. The slope on the south side of Eileen Street +� at the entrance, should be smoothed to provide a more finished appearance. � � At such time as these four items are completed, we will again inspect the site and forward our � recommendation to you." Richard W. Sathre Butler moved, Paurus seconded, to defer the � acceptance of Eileen Street until the meeting of November 24, 1975. Motion, Ayes (3) - • Nays (0) . � Butler moved, Paurus seconded, that the Al1 BILLS • Funds Accounts 1475 through 1573; 19138 through 19164 and including Allen H. Fox and Helen B. � Fox in the amount of $1,900 and Henry E. Benson . and Marilou Benson in the amount of $1,080, and Liquor Sta=e Accounts 10970 through 10999 be r paid. P�totion, Ayes (3) - Nays (0} , • Butler moved, Massengale seconded, that the ADJOURNMENT • meeting be adjourned at 9:10 P.M. AZotion, • Ayes (3) - Nays (0) . � • �, i r %� 'd %�� � P7a ter B. Massenga , Acting Mayor • �' � / ' � Attesta- �-- - `J � .� r'�.,�> � Walter R. Benson, Clerk-A i istrator �