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HomeMy WebLinkAbout03-22-1976 Council Minutes � • . � CZfiY OF ORONO � Regular Nleeting of the Orono Council, 7e35 P.P�I. �i�iarch 22, 1976 � The Orono Council met on the above date with the following members presente Acting ` iiayor T��assengale, Councilmembers Butler and Welsh, Absento P�ayor Se�rles and � Councilmember Pauruse Also presente City Administrator Benson, Building & Zoning � Administrator PZuhich, and Attorney P�Zalkerson. � + Butler moved, Piassengale seconded, that the TZINUTES i2inutes of the Regular A4eeting of P�arch 8, � 1976, be approvede Motion, Ayes (3) - nTays (0) o • � TZro ���alter Lathrop, Park Commission Chairman, PARK CO�IISSION + introduced Mrse Jo Ellen Hu�`r to the City Council and recommended her appointment to � the Park Commission to replace Fern Kubalsky whose term expires December 31, 1976. • Butle�` moved, Welsh seconded, that Mrs, Jo APPOINTP•�ENT • Ellen Hurr be appointed to �he Park �ommission Park Commission to fill the unexpired term of Fern Iiubalsky. ilotion, Ayes (3) - Nays (0) , • � Councilmember P�Iary Butler also reported to LARSON PARK PROPERTY the Council that the Park Commission has � recommended that the Larson Park Property be nar.led Bederwood. � � Butler moved, Welsh seconded, that the request SUBDIVISION & PRD of Daniel Te Lindsey (Kelly Avenue Holding Co, ) 2505 Kelly Avenue � for a subdivision and PRD at 2505 Kelly Avenue, be referred to the Planning Commissiono TZotion, � Ayes (3) - Nays (0) e • Butler moved, l�lelsh seconded, that the request CONDITIONAL USE PERMIT � of Kenneth We Oien, 2980 Casco Point Road, for 2980 Casco Point Road � a conditional use permit for filling and grading, he referred to the Planning Commissiono I�iotion, � Ayes (3) - Nays (0) . • Butler moved, Welsh seconded, that the request VARIANCES • of Richard Roulette, 3775 Bayside Road, for a 3775 Bayside Road + variance for lakeshore and street setback be referred to the Planning Commissiono PZotion., . � Fyes (3) - Nays (0) e � � • ..� . •. . . . , .. , � ORONO COUNCIL P�TEE�'ING HELD P�IARCIi 22, I976 Page 2 � Butler moved, �-delsh seconded, that the request SUBDIVISION of Alan Sweetser, 845 Old Long Lake Road, for 845 01d Long Lake Road � a subdivision, he referred to the Planning Commission. TtZotion, Ayes (3) - Nays (0) . • � Henry I�tuhich, Building & Zoninc� Administrator, SUBDIVISION * stated that the Planning Cbmmission minutes 3535 Ivy Place of P�larch 15, 1976, concerning �he subdivision � for �uentin Johnson, 3535 �tt�y Pl.ac�, 5t�ted that a new plan was presented which showed • the Lantto and Doub�.dee tr�C��t as consisting of 0.50 and 0,58 ��res, inCluding the alley � vacation. P1r, Johnson sta�ed that Lots 161 � and 162 were ta be gold to Gerald Haley and that Ta1r, Haley had recei�v�c� a verbal commitment, � from Jack Corl who has been out of town, to purchase Lot 1,60. These three lots would be � used as one l�uilding site. Mr. Johnson would keep for himself on� site which would include � part o� Lot 72, part of Lot 75, all of 76, . part ot Lot 77, all of Lot 163 and his portion of the va�ated alley. Mr. Johnson stated r that they planned to Torrens the entire proposal, � The Planning Commission made the following recommendation to the Council. �Approval of the 18 foot alley vacation but � that it be sold at fair market value to the � petitioners and that the market value be determined by the City Assessor in conjunction , with the City Administrator and 1ega1 staff. � That Iire Johnson combine into one site part o� Lot 72, part of Lot 75, Lot 76, the easterly • part of Lot 77, Lot 163 and part of the vacated ' alleyo That the subdivision be in the form of a RLS and subject to a park dedication fee. � Welsh moved, Massengale seconded, to grant � preliminary plat approval for subdivision for Quentin Johnson, 3535 Ivy Place, per the Planning • Conunission minutes of March 15 , 1976, and payment of the required Park Dedication Fees. r�otion, � Ayes (3) - Nays (0) . � � Henry Muhich, Iiuilding & Zoning Administrator, VARIANCES stated that the property of David Kruskopfo 120Q ��]ildhurst Trail � ?200 Wildhurst Trail, is located in a LR-1B residential zone. PJ1r. Kruskopf is requesting • a variance from lot area and width requirements � of one acre (43,560 sq, fte ) and 140 fto lot widtho His lot consists of Oe7 0� an acre and � is 90 ft. wide, therefore, he is requesting variances of 13,068 sq, ft. and 50 ft. (Continued) � � � ' ' ' � ORONO COUPdCIL MlEETING HELD 1�TARCH 22, 1976 Page 3 � The proposed location does meet a11 setback VARIANCES requirements. However, we c�o h�ve a pxoblem 1200 V�Iildhurst Trail �n the existing locat�on of �he residence (Continued) n the property to the south. t�le have here a � non-conforming situation which we should rectifyo At the tim� that the neighboring � residenc� wa� constructed, surveys were not � required with building permit applications. This house is now encroaching the property » line to such a degree that it does not even meet the minimum State requirements. I•Je � might suggest as an agreement between the �roperty owners, to change the lot lines � somewhat so we can resolve some of the problems. � tive could also consider slight variances on the side setback to the north, • We should try to meet the 20 ft, distances � between structures and also prevent future problems from any fences that might be erected • under another property owners windows> � Planning Commission Meeting - March 1, 1976 � Although not scheduled as part of the regular � meeting, the Commission reviewed the above a��plications. They then directed that I contact • ciro Kruskopf and state that the Planning �or.lmission would look favorably to a variance � if he by private negotiations try to realign � the lot line with his neighbor in order to alleviate the one foot setback problem. � Planning Commission rleeting - NTarch 15, 1976 � T�ir. Kruskopf and his neighbor, Gary t��Telsh, • apPeared and presented a map to show a � revised line that would give I1r. Welsh 10 ft. on the side yard in questiono However, Iir. ,� Kruskopf would have to alter his building plan by making a slight rotation of the house �, on the loto � The Commission recommended approval of the plan and the variances consisting of 50 ft. • on lot v�idth; 0, 3 of an acre on lot area � and a 6" variance on the side setback on the north lot line. � I3utler moved, I�Iassengale seconded, to approve � the variance for lot width and area and lot line rearrangement for David I:ruskopf, 1200 • Taildhurst Trail, as per the Planning Commissibn inutes ot PZarch 15, 1976. I�iotion, Ayes (2) - TJays (0) . Councilmember t�elsh abstaining. • � 0 ♦ � . � OROriO COUNCIL I✓1EETING HELD P4ARCH 22, 19'�6 Page 4 � Henry T•�uhich, Building & Zoning Administrator, PqTC BUS STOP stated that the Planning Commission considered ythe problem of a suitable new location for � the T�1TC bus stop in the Navarre area instead of the site where the n�w Super Valu Store � is to be constructed. After consideration, the Commission agreed that the Municipal • Parking Lot would be the best choice where � possibly, a nice bus stop shelter could be buil� �for the convenience of those waiting � for bus service. St would mean that the bus would have to reroute slightYy but if the � City would continue to maintain the area by plo��aing it, the TZTC may find it a beneficial • feature and approve the pro�osal. � Planning Commission T�ieeting - i�iarch 15, 19�6 � The Planning Comrnission recommended to the � Council their first choice fo� a new bus stop in �he Nab��re area wa� the Muriicipal Parkinc� a Lot with alternatives being tY1e Gobd Shepherd Church area or the designation of � "rigrk and • Ride Area" located on the nor�h Side of the Ilunicipal Parking Lot and lea�ring '�he present � route statis quo< • � Henry i•�Zuhich, Building & Zorling Administr�tar, NAVARRE DRI�lE-IN �HEATER stated that he has written r1r. �rav'erman of 1976 T,IGEN�ING t Northwest Cinema notifying him that the 1976 license for operating the Navarre Drive- �' In Theate� taill be due soon. � a copy of the letter is as fbllow�: + Dear rlr, Braverman: s I �aould like to call to your attention that the � 1976 Theater Licensing will be coming up soon. M I v�ant to inform you again that all licenses + must be approved by Council and therefore applications should be made far enough in � advance to staff so that adequate review before mailing recommendations to Council. � (Include necessary Insurance Certificates< ) • I also want to remind yau that under the � present zoning, the operating of a theater would be classified as a non-conforming land � use. ����7e've had several complaints about the theater operation in the past. These will all have to • be resolved and we would expect a letter assuring us these violations would not be � repeatede (Continued) � � � ORONO COUNCIL RIEETING HELD MAkCH 22 , i976 Page 5 � Your letter should address itself to t�e NAVARRE DIRVE-IN THEATER � following concernso (Continued) �e Regulations of operations � Control of traffic 3o Exit and Entry lights � 4 o Tirne of movie � Closing time y 1 AdP2. 5, Screening fence , � 6o Speal�ers (Sound & noise) 7. Types of movies • 8o Litter & weeds 90 Curfew for children w l0o Policing help � Please call if you have any questions. , End of letter, • • Henry I•Zuhich, IIuilding & Zoning Administrator, TSULTI-FP,P4ILY ORDINArJCE stated that he has received a copy of a draft Rough Draft � of a multiple family residential ordinance � as received from the 6�ehrman-Chapman Planning Agencyo • This should be reviewed by Council and staff � before adoptedo The Planning Commission recommendations have been given to the i Planning Agency for inclusion in the drafto � Acting T�iayor Aiassengale requested �Tre F-luhich � to invite a representative trom Vlehrman- Chapnan Planning Agency to the next Planning � Commission and Council meetings to discuss the proposed ordinanceo i r i•Zro Brad Van Nest, Oronv-Long Lake Interceptor ORONO-LOTJG LAKE � Conrnittee Chairman, discussed with the City INTERCEPTOR STUDY Council the need to stimulate interest in a i jo;int study concerning the entire watershed district and the effect of urbanization and � its contribution of phosphorus to our lakes and streamso The City of Orono is in receipt • of a letter from P�2ro J, r�, V�aod, Director of • the Freshwater Biological Institute, stating thato � Thank ou for our letter. As y y you knov��, I � feel that it is very important to bring together our rather fragmented knou�ledge on • watershed management so that �,re can establish priorities for guiding municipalities so that � meaningful decisions can be made in lal��e �nanagement. It is clear that each watershed will represent a separate case for study, � although certain generalizations can be applied to all lakes> eogo Spare no effort nor ex�ense � in keeping nutrients from the following sources out of the lakeo (Continued) � • ' S ORONO COUNCIL P�IEETING HELD RIARCH 22, 1976 Page 6 � a) Domestic wastes ORONO-LONG LAKE b) Develop holding facilities for agricultural INTERCEPTOR STUDY � waste caater and educate farmers on how to (Continuec.) � minimize agricultural run-off c) Educate homeowners on the subject of lawn � fertilization (including golf courses) d) Deal with erosion problems w e) Do not fill in and develop wetlands (These are Dlature's sewage treatment plants) � f) Discourage ice fishe�men from dumping all caaste into lakes � g) Provide adequate waste removal on the shore- � line G�hen the lak� is under maximum pressure from the general public � h) Discourage the use o� high powered boats which stir up the sedi�ien� and release large amounts • of organic nutrignts into the water column i) Have infrared pictures taken of the shorelin� � during Tday every two years to determine the , sources of organic nutrients into the lake �o determine the trouble spots � j) Develop drainage and holding facilities for storm water run+�,ff from parkirig lots and major � roads which drain into tne lake. • i•�ost of these suggestiOri� do not require � • scientific input but do require common s�nse and a need for cooperation by the general public. � In scientific terms, it is my hope that we shall � be able to join forC�s with the terrestrial bi�logists in the De}�artmen� ,of �cology and • Behavioral Biolbgy to c�o a complete watershed study in the not-td�di��ant �uture. However, � at the present time Z am trying to identify � faculty for our fie�.c� p�ogram; in addi�ion, I ain trying to attraCt th� 20 or 30 graduate students � needed to do this jok�, I predict it will be at least three yea'r� before we are in a position to � turn our field biologis�s loo5e on a total watershed study. ! In the meantime, I will get a student involved in a � computer search of the literature to find out what � information we have on this important subject, and I will report back to you later this yearo � P,S. If LPICD can take care of items (a) through • (j) , then 4,re may not need a watershed study. � Lnd of letter. • � (Continued} • � � � ' ' • ORONO COtJNC IL Y I�ETIrIG HELD I]ARCH 2 2, 19 7 6 Page 7 � ilro Van Nest recommended that the entire ORONO-LONG LAKE watershed .study be consolidated with the INTERCEPTOR STUDY �rono-Long Lake rnterceptor Study. (Continued) • Acting I�ayor P�assengale stated that we need � people and related agency participation, �ae are already ten years late in initiating this r type of studya + Acting i7ayor Massengale requested P�2r. Van Nest � to arrange a joint meeting wi�h the P-�innehaha Creek taatershed District Bdard of l�7anagers, � the Orono-Long Lake Interceptor Committee, and the Orono Council as soon as possible. • � Henry I�iuhich, Building & Zoriing Administrator, NAVARRE REZONITIG REVIEW � stated that in reviewing the studies and reports referred to by the Planning Commission and � Council in determing the rezoning of the City of Orono, I have cbme across some interesting � data which I would like to bring to the attention of Counc�.l to bear out the rationale r in the rezoning of portions of t�� commercial . area in Navarre to a residential zone. � The Navarre Task Fotce consisting of many of "=he property owner� in the a�ea, after tn�ch � review and study �eported their recommendations to be that as adopted by the Council, The ♦ current zoning of these areas are consistent with the recommendations of the Task Forceo � • T arn enclosing several pages from the Navarre Task Force report ta confirm these decisionso , I am also enclosing a copy of one of several maps on the rezoning classification as proposed M by the Navarre Task Force, All of the other maps in the report are very similar in nature. � The total areas of the various recommendations • differ slightly. � Iienry i�iuhich, Building & Zoning Administrator, CONDITIONAL USE & � discussed the status of the conditional use VARIANCE permit and variance for access building on 1960 Lakeview Terrace S through street requested by Ronald R. Ross, 1960 Lakeview Terrace. � � Henry liuhich, Building & Zoning Administrator, CONDITIONAL US� PERT�IT � discussed the status of John Lambin's request 3340 Shoreline Drive �or a Burger King Restaurant, 3340 Shoreline riveo for a conditional use permit and variance. • Acting rlayor I�Iassengale instructed staff to puruse the Navarre Lane status, parking require- � ments, and ingress and egress problems. r � ' � OROi10 COUNCIL 11EETING HELD MARCH 22, 1976 Page 8 � [�?elsh moved, Butler secbn�led, to adopt Resolution RESOLUTION #67Q �i�670, A Resolution In O�pbsition To The United U,S, CORPS OF ARi.'�IY States Corps Of Enginee�s Regulations On Lake ENGtNEERS � TZinnetonka And Supporting Legal Action By The Lake Iiinnetonka Conserv�tion District To • Challenge The Authority Of The Corps Of • �ngineers, AZotion, Ayes (3) -- Nays (0) o � RESOLU�YON �670 � 6i1HEREAS, the City of Orono has spent considerable time in formulating dock ordir�ances and marina � licensing to regulate docks and marinas abutting Lake T�iinnetonka, and � � WHEREAS, current dock regulations �ontrol the public use of Lake Minnetonka and �ry to balance � the equities between our residents who liv� near tile lake and our inland residents who also have � rights to use the lake, and � �7HEREAS, the United States Corps of Enqineeers r has proposed that said federal agehcy has authority to regulate do�ks and other activities � on Lake 'r�iInnetonka and that said au�hority �s superior to present agen�ies who reg'u1at� and � control activities, namely �he State of ITinnesota (DidR) o TZinnehah� Laatersh�d Dis�rict, LaYe Tlinnetonka � Conservation District �nd each I.ocal community abutting the la�Ce, and � � ti�?F�FZEAS, the members of this Council have received compl�ints from � large number of our citizens � who strnngly oppose federal regulations on Lake PSinneto�ka because they feel these proposed � regulations are not needed and that the control or the lake is presently in the hands of the • governmental units best able to obtain input fi.�or.n citizens and the people who are the most � capable of protecting this great natural ' resource, and ,� 6aL�FREAS, the present rules and regulations of tize state and local governments plus the special � governmental units formed to protect the lake, �c�equately and inexpensively manage Lake � iI�.nnetonka, and � L�7HEREAS, the United States Corps of Engineers' � p��oposals to regulate matters involving Lake Iiinnetonka results in an expensive duplication � of responsibility and is not needed or desired �to Protect the lakes • (Continued) s � i � � ORONO COUNCIL P1�ETING HELD P7ARCH 22, 1976 Page 9 � NOW, THEREFORE, BE IT RE30LVED BY THE CITY RESOLUTION #670 � COUNCIL OF THE CITY OF ORONO, I�ZINNESOTAo (Continued) � 1. The Corps of Engineers is requested to withdraw any and all of its proposed • regulations and any jurisdiction over Lake T�7innetonka. • � 2. That Lake PZinnetonka is presently adequately managed and regulated by the � State of A�innesota, County of Hennepin and local governmental agencies. � 3, That the City strongly supports the Lake � T�7innetonka Conservation District taking legal action to challenge the United �' States Corps of Engineers° authority � over and on Lake Aiinnetonkao � 4, That the City of Orono is willing to make a reasonable contribution to the LMCD in � challenging the Corps of Engineers' jurisdiction, • • 5, That our United States Senators, Congressional Representatives, and the Governor of the � State of Minnesota are urged to contact � the Corps of Engineers and request the Corps ' withdrawal from Lake P�innetonka, • 6, That ccpies of this resolution be sent to the Honorable U7alter T•iondale, Hubert Humphrey, �' Thomas Iiagedorn, Wendell Anderson, Colonel • Forrest T. Gay, III, Tade Jude, George Pillsbury, �4illiam Frenzel and to the Lake � P•Zinnetonka Conservation Districto � A proposed resolution concerning the Hennepin H�NNEPIN COUNTY � County Transportation Study was deferred until TRANSPORTATION • the meeting of April 12, 19760 � D�_ck Benson, City Administrator, informed RONNIE KULLBERG PROPOSAL � the City Council that T�Ir. Ronald Kullberg, o��ner of Ronnies Cleaners, has approached � the City of Orono proposing to sell his garage and property for City services at an � ap��roximate price of $45, 000, P�Zro I:ullberg � does not need the garage building and, at �his time, is requesting if Orono would be � interested in his proposalo The building does relate well to the existing water plant �facilities and could be used for public u�orY.s expansion in the futureo (Continued) • � � � ' � ORONO COUNCIL rZEETIPIG HELD MARCH 220 1976 Page 10 � This is a preliminary proposaY and is only RONNIE KULLBERG PROPOSAL ! submitted to the Council for their thoughts (Continued) on the matter. � The City Council instructed staff to draft � a letter to Mr. Kullberg thanking him for his offer and to inform him that the City • does not want to take this property off of • the tax rolls or change the existirlg B-1 status. • � Dick Benson, City Administrator, reported MUNICIPAL COMMISSION to the City Council that the City of Orono HEARING - DETACIi��Et1T & � is in receipt of a letter from the State of ANNEXATION P�Iinnesota AZunicipal Board stating thato Cheyenne Land Developrment • � � i�r. Benson v�tould you appear at �he Council Chambers, or h�ve a repr��entat ve appea�, � and contin�e the hearing in the above entitled matter to �Y1e '�th� and 8th day� of Apri1, 1976 r at 10 e 00 Ao I7, , on r-iarch 24tt� cahich is the schedtZled ctsntinued he�ring date e • » Please sign the attached certification and return to our officee � � Dick Benson, City Administrator, informed 1975 LI�UOR STORE the City Council that in comparing Z974 and 1975, BALANCE SHEET � the Liquor Store is down $2,219.04, or 1.46$ net income< � � This is very good considering the sensitive merchandising schemes that are part of the i competition in all of the stores today in attempting to cut prices and bidding for an � increase in volume of trade. � Butler moved, ti�aelsh seconded, to discontinue MINNETONKA BEACH FIVE � billing five residents in r�innetonka Beach SEG�IER CONNECTIONS � that had previously agreed to connect to Orono's sewer lines. Motion, Ayes (3) - Nays (0) e � i•IcCombs-Knutson letter � In 1967, five homeowners on the westerly edge • of T�iinnetonka I3each constructed a private line • which was connected to the Orono Sewer System. Since that time, Orono has been billing these � people for sewer service. � The City of T�tinnetonka Beach is in the process of acquiring this line from the property ownerso � Since T�tinnetonka IIeach has �heir own sewer system and is paying the P•2etropolitan [aaste Control Commission for the sewage flow from . the City, we would recommend that Orono discontinue (Continued) � ORONO COUNCIL MEETING HELD MARCH 22, 1976 Page 11 � billing these five homes for sewer and allow MINNET�NKA BEACH - � T•linnetonka Beach to bill them in the same FIVE RESIDENTS - Sewers manner as the remainder of Minnetonka Beach. • � End of letter , Welsh moved, Butler seconded, to appoint APPOINTMENT � City Administrator Dick B�r.��:n as the #19 Shoulders liason to Hennepin Cdunty concerning • construction of adequate shoulders on ' portions of CSAH #19 and to convey to Henne- pin County Orono's concerns on excessive � hardcover within 1,000 feet of Lake P�innetonka. P�Iotion, Ayes (3) - Nays (0) . � � Butler moved, Welsh seconded, to approve the APPOINTMENT City Administrator's recommend�tion to appoint Police Patrolman � Mr. Wayne Shellum, 3256 France Avenue North, . Robbinsdale, Minnesota to the position of patrolman at $1,033. 84 per month, effective � April 5, 1976, subject to passing his final physicial examination befbre Apri1 5, 1976 � and completing his Poiice Certif3.catiefi within one year. 1�lotion, Ayes (3) y Ngys (0) . • �Welsh moved, Butler seconded, to adopt .. RESOLUTION #671 esolution #671, A Resolu�ion DiYecting 73-1 Easement Payments Staff To Pay For Easement� Acql�ired �n � Sanitary Sewe� Project 73-1. tZbtion, Ayes (3) i Nays (0) . • � P�Zr. Rick Sathre, representing McCombs-Knutson KELLY AVENUE DRAINAGE i Engineering Company, presented their report REPORT on the Kelly Avenue drainage problem. The � Council will review and consider the report at the April 12, 1976 Council meeting. • � Butler moved, Welsh seconded, that the following LICENSES licenses be approved: Motion, Ayes (3) - Nays (0) . � Cigarette license � Jude Candy & Toabcco Co, - Spring Hill Center a Atkins Plumbing & Heating, Inc. - Plumber • Bergerson-Caswell, Inc. - Well Driller Berghorst Plumbinc� & Heating - Pltnnber & Sewer � Hookup Earl Wo Day & Sons, Inc, - Plumber & Sewer � Hookup �older Plumbing & Heating - Sewer Hookup liff Fadden & Sons - Plumber & Sewer Hookup Leuthner Well Company - Well Driller � Riound Plumbing Company - Plumber • Southtown Piumbing - Pltimber Stever�s Well Drilling Co. - Well Driller � Superior Contractors, Inc. - Plumber � ' � ORONO COUNCIL MEETING HELD r1ARCH 22, 1976 Page 12 Welsh moved, Butler seconded, t�at the All BILLS Fund Accounts 2187 through 2230, 2312 throu h �2346 and Liquor Store Accounts 11213 thtoug� � 11221, be paid. Motion, Ayes (�) - �gys �0) . � Butler moved, Welsh seconded, that the ADJOURNMENT � meeting be adjourned at 9: 35 P.M. Niotion, Ayes (3) - Nays (0) . • � � � � '�G7L ,LZZ�C.v/� Robert L. ear es, Mayor � � �-- � Attest: - � ��� � � / � � Wa ter : enson, C er -A inistrator r � i • • • � a � � • � � • i � � • •