HomeMy WebLinkAbout05-10-1976 Council Minutes CITY OF QRONO
Regular Meeting of the Orono Council, 7: 33 P.M.
_ _ P-say 10, 19 7 6
�The Orono Council met on the above date with
the following members present: Mayor Searles,
Councilmembers Butler, Massengale, Paurus, and
Welsh, Also presents City Administrator Benson,
Building & Zoning Administrator Muhich, and City
Attorney Malkerson.
�
Butler moved, Welsh seconded, that the Minutes MINUTES
of the Regular Meeting of April 26, 1976 , be
approvede Motion, Ayes (5) - Nays (0) .
! Mrm Walt Lathrop, Park Commission Chairman, JOINT TRAILS GRANT
reported to the City Council that the Joint PROGRAA'I
! Bike/Hike Trails Committee and the Park Commission
w recommends to the City Council that the City not
participate in a proposed joint Bike/Hike
� Trails Grant at this time because of a lack of
time to review the program before the PZay 14th
deadline. The City may participate at a later
date when the program will be resubmitted.
� ^
he City Council requested the Park Commission to SWIP�iMING BEACH
�xplore possible future swimming beach sites in
Orono.
Mr. Lee Gressor, Director of the Hennepin County CONDiTIONAL USE PERMIT
Vo-Tech Schools, appeared before the City Council Vo-Tech Schools
requesting a conditional use permit to initiate 2950 Sixth Avenue North
� a Special Crop Program and plant trees on 23 acres
located at 2950 Sixth Avenue North. Mayor Searles
noted that this request was an environmental
program designed to best serve public interest,
•
Butler moved, �Oelsh seconded, to waive the Planning
! Commission re£erral and grant a conditional use
� permit to Hennepin County Vo-Tech Schools, 2950
Sixth Avenue North, subject to:
� lo Plant trees and crops urithin one year.
2e Provide satellite toilets
3. Locate mobile construction trailer screened
by natural plantings.
i�Totion, Ayes (5) - Nays (0) .
�utler moved, Welsh seconded, to adopt Resolution RESOLUTION #681
�81, A Resolution Granting To The Joint Vo-Tech Schools
Independent School District 287 A Conditional
Use Permit For An Agricultural Use In An
RR-1B District. rqotion, Ayes (5) - Nays (0) . (Continued)
ORONO COUNCIL MEETING HELD MAY 1.0, 1976 Page 2
RESOLUTION #681 RESOLUTION #681
Vo-Tech Schools
��dHEREAS, the Joint Independent School District
287 (hereinafter appl�.cant) has applied �or a
conditional use permit to operate a fa�m in
the RR-1B Distri�t, which farm would provide
planting areas` for students of the applicai�t, and
WI3ER�ASo the propo5�c� U�e r�quire� a conditional
use permit pur�uant to the Ordno Zoning Code, and
��I-iEREAS, the �pplicant has explained to the City
Coun�il the limitations of the Specialty Crop
Production Program whicYi will be undertaken on
th� property in the City of Orono,
� Pv'OVJ, THEREFORE� BE IT RESOLVEU a
� �a That the City of Orono waiv�s reference of
this application to the Planning Commission.
� ?. That the City of Orono grants a conditional use
permit for one yea� to the applicant based on
� -�ne following �onditionse
' Aa That the on�y activities that shall be under-
taken on the properties shall be the special
crop production which includes such areas
as orchards, vegetables, nursery stock, sod,
Christmas trees, small grains and annual and
perennial flowerso
�e On a temporary basis, satellite sanitary
t facili�ies and a minimal shelter such as a
small mobile construction trailer for use
,s by the students while on the properties, may
be installed on the properties pursuant to
municipal and State regulationse
Co There shall be no student parking on the
properties since the applicant will provide
transportation from the classroom laboratory
R building which is located off the propertieso
� D, There shall be no new access to County Road No. 6
from the propertieso
�
Eo The location of the proposed trailer shall be
approved by the building inspector prior to
installationo
3. This conditional use permit in no way grants
to the applicant any right to construct any
buildings now or in the future on the properties.
(Continued)
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� ORONO COUNCIL P�2EETING HELD MAY 10, 1976 Page 3
� 4e The City Council is granting this conditional RESOLUTION #681
� use permit based upon the representations hy Vo-Tech Schools
the applicant ,that there are no plans to (Continued)
� construct or locate any buildings on the
properties in the future except as above
• set forth and based upon the represen�ations
a by the applicant that it is very important
that the City grant this conditional use
� permit at this time because of schedu�.ing
conflicts the applicant has with �.t� studentso
�
5e Any conditionax us� permit granted heY'eby is
� for one year ohly and the applicant shall
terminate all use of the property pursuant
• to the terms o1E this conditional use permit
� one year from �he date hereof; any further
use shall be stabject to the Orono Zonin� Code.
� 6, The a li�ant �nd the
pp property owner acknowledges
� that they ha�te no vested rights to continue
this operation 'beyond bne year without first
A applying for and acquiring from the City of
Orono any of the necessary p��mits for �uch
� a continuation.
. i
7a This �onditional use shall apply to ap��oxim�tc�Yy
� three �cres which the applicant is proposing to
lease from the Orono Public Schools and shall
� apply to apnrox�mately 22 a€cres that the applicant
proposes to l�ase from Mrs. Emma Gardner in the
� City of Oronoo
� This resolution w�s adopted by a vote of five ayes
� and 0 ndys a� the regularly schedul�d Council
meeting of PZay 10, ].976, and is subject to the
� signing hereof by the applicant and the property
o��ner o
•
• Butler movedo r4assengale seconded, that the rip RIP RAP PERRZIT
rap permit for Kenneth Herous, 4445 North Shore 4445 North Shore Drive
'�" Drive, be referred to the Planning Commission.
� Talotion, Ayes (5) - Nays (0) .
•
Butler moved, r�assengale seconded, that the lot LOT REARRANC,EMENT
� rearrangement for Veda & Anderson, 500 North 500 North Arm Drive
Arm Drive, be referred to the Planning Commissiono
� i�iotion, Ayes (5) - Nays (0) .
•
� F3utler moved, Massengale secondedo that the RIP RAP PERMIT
�ig rap permit for Steve Plowman, 3024 Casco 3024 Casco Avenue
venue, be referred to the Planning Commission.
TZotion, Ayes (5) - ltiays (0) ,
•
•
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� OROVO COUNCIL P�iEETING HELD r4AY 10, 1976 Page 4
� I3utler moved, i4assengale seconded, that the RIP RAP, FILLING & GRADINC
rip rap permit, seawall, filling and grading 3020 Casco Point Road
��aithin �5' of shoreline request for Joe
� Braun, 3020 Casco Point Road, be referred
to the Planning Commission. t�Iotion, Ayes (5) -
f Nays (0) .
�
A Butler moved, P-qassengale seconded, that the CONDITIONAL USE PERP4IT
conditional use permit for Stewart Perry, 2975 Casco Point Road
� 2975 Casco Point Road, be referred to the
Planning Commission. T�otion, Ryes (5) -
� Nays (0) o
•
Henry T�Suhich, Building & Zoning Administrator, SUBDIVISION
• stated that the 315 East Grant Corporation, 3340 Shore2ine Drive
3340 Shoreline Drive, is requesting approval
� of subdividing Parcel 2815 into two lots
+ (1 & 2) . This parcel is located on the N.E.
quadrant of the intersection of County Roads
� �15 & #190 The area nearest the intersection
is zoned commercial (B-l� o The remainder is
• including the marsh and is zoned residential
(LR-1B) . The proposed subdivision would
� follow the border line hetween the two zones.
Each parcel would therefore lie in its own
�espective zoned district.
� Lot 1 would consist of 71,000 sq. fte of
� commercially zoned lando The major portion
of Lot 2 is marsh, No building permit could
• be issued on this lot unless it qualifies
• under the ordinance. The developer has not
indicated any desire to develop this parcel
� as yete We might suggest a conservation ease-
ment on Lot 2,
•
I would recommend approval of the subdivision
� as it would divide the two permitted land useso
� I was not aware of the filling and grading
that has been going on in the adjoining area
� in TYinnetonka Beach until I made a site
� inspectione It appears that some of the
grading has extended into the Orono area. We
� should resolve this problem while considering
this subdivision proposal.
•
If Lot 2 can be considered a buildable residential
� site, a park dedication fee would also be
� forthcoming. However, if we do obtain a
�conservation easement, we could waive this feeo
(Continued)
•
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• ORONO COUNCIL P1tEETING HELD MAY 10, 19'�6 Page 5
S Public Hearing - RZay 3, 1976
�The Planning Commission discussed subdivision SUBDIVISION
roposalo particularly as concerns c�ividing 3340 Shoreline Drive
• line k�etween residential and commercial zones. (Continued)
Zone line and div'iding line is now at the
� bottom of the slope into the marsh, whereas
� the Commission under�tood the l.ine to be
the top of the slope when the rezoning was
` approved, 5taff was instructed to consult
the City Engineer to determine and correct,
� if necessary, the legal description of the
dividing linee Rezof�ing may be required,
�
� Henry �Zuhich, Building & Zoning Administrator, CONDITIONAL USE PERMIT
� stated that at the pu�lic hearing, P4ay 3, 1976, 3340 Shoreline Drive
the Planning Commission discussed ingress
� and egress to proposed restaurant and stressed
that they would desire an access on County
• Road #19, perhaps combined with access to
the church parking areao Several area
• residents were on hand and a petition with
16 signa�ures was presented in oppo:�_a�•-�on
� based on traf£ic on County Road #�15, traffic
� on Navar�e Lane, noise, litter, and hours of
operatiorie One citizen voiced approval
�based upc�n community need and the prospect
or jobs for local students, Applicant
• �aas inst�'uc�ed to obtain input from the
• church a� to access on County Road #19 , to
place topographic oontours on plat plan
� and to r�design parking area, if required,
to canform to the commercial zoning district
� as decided in proposal #109.
•
Henry I�iuhich, Building & Zoning Administrator, . SUBDIVISION
� stated that Alan Sweetser, 845 Old Long Lake 84S Old Long Lake Road
• Road, is requesting a subdivision of his
9e46 acre parcel into three parcels all
� e�ceeding the minimum zoning requirements
of the area (2 acre) and 140 ft. lot �aidth.
� The survey indicates the acreage of Parcels 1
and 3 excluding the road and wetlandse Parcel
• 2 , however, notes total area including the
road to be 2. 7 acres. The area of the road
� as shown on the survey does not exceed Oo3 of
� an acreo Therefore, the parcel would consist
of more than the required two acrese
•
tiJe will have to review and discuss the following
� point regarding this proposale
�The status of the existing cottageo
� 1, This being zoned single family residential,
� the cottage cannot be used as a second
residence. (Continued)
•
�
� OROPJO COUNC IL i�IEETING HELD MAY 10, 19 7:� Page 6
� 2e Location of existing cottage does not meet SUBDIVISION
setback requirement from the property line. 845 Old Long Lake Road
(Continued)
�3o Existing barn would not meet 1.�0 f�o
� setback requirement f�om newly proposed side
� lot line (Ord. Section 34.031� . The appli�ant
could consider a ahoice o�' variance request
� or alteratiori ot propdsed lot lines,
� Planning Commission Meeting - P�lay 3 , lg'76
� Mr. Sweetser presented hi.s proposalo The
� Commission had concerns about Lot 2 , ��hich
would be approximately t��o acres anc� would
� include two dwelling unit� and a barne The
matter was tabled to give the �pplicant t�.me
� to redraw the prdposed l.o� lines to either
place the cottage on a separate lot f�`om
� the main house or to inCreaSe Lot 2 to four
� acres or moreo
� Henry T�'Iuhich, Building & Zoning Administrator, REZONING
� stated that at the Planning Commission meeting 2505 Kelly Avenue
of April 5, 7:976, the Commission held a public
• hearing at which P�Ir. Lindsay explained that
they wished downgrading bf �he commercial
y area to resid�ntial as p�rt of their plans
� for a Planned Residential Development and
felt that this rezoning could be an important
� factor in the upcoming subdivision proposal
(#104) o The Zoning Department expressed the
� feeling that this would be beneficial due
to the topography of the land, consisting
� of hills and ravines, requiring filling and
. grading in order to be utilized for commercial
purposes. Commercial use would result in
� additiona� hardcover and the problems of storm
water runoff and pollution of the lake and
� ground watere Also, it would create a more
natural line between zoning districts,
r
Because T��r, Lindsay did not return for the
� work session part of his subdivision application,
. as expected from earlier discussions in the
evening, the Planning Commission tabled action
� on this matter until after the public hearing
on the subdivision-PRD proposal on April 19 , 1976,
� so that both matters could be considered as a wholeo
• Planning Commission r•Zeeting - April 190 1976
� Van T1est felt that the City would receive no
� benefit by leaving the strip commercial and
Pesek agreed feeling that if it rem-ined
� commercial, it cot�ld be made into a parking
lot or similar use at a future time.
` (Continued)
•
�.
! ORONO COUNCIL P�IEETING HELD AZAY 10, 1.976 Page 7
� Mro Everett Schroeder objected stating that the REZONING
present Keaveny Drug parking lot blacktop was 2505 Kelly Avenue
�xtending into the residential area and the (Continued)
� rezoning would only give a benefit to them and
not the City. The members felt that this t�as
� not the situation but requested staff to verify
the matter> The applicants answered this by
• stating that it was more of a benefit to them
, to leave the commercial area status quo in
order for them to have better position regarding
� the zoning provision requi.ring duplexes to be
within 200 ft. of the comm�rcial area. However,
� their purpose for the rezoning was to provide a
better buffer area from the�busir�ess districto
•
The Commission tabled the matter Until their
� next regular meeting in order that exact
� information regarding encumbr�nces on the
property be clarified.
� Planning Commission r�eeting � DZay 3, 1976
i
The rezoning and subdivision w�re approved
• with stipulations that the g�rage on Lot 4
not be used until a residence is built,
i that the house on Lot 3 be u�ed only as a
single family residence and �hat the cottage
yon Lot 2 be removed before a building
� permit is issued for a residence. The PRD
request was tabled pending more information
� from the applicantso
� Searles moved, Paurus seconded, to approve
� the rezoning request for Dan Lindsay, 2505
Kelly Avenue, subject to documenting fee
� ownership and signing hold-harmless agreement.
�•iotiono Ayes (5) - Nays (0) e
•
� Henry T�7uhich, Building & Zoning Administrator, RIP RAP PERMIT
� stated that Phillip Dykstra, 3080 No�th 5hore 3080 North Shore Drive
Drive, is requesting approval to rip r�p 35 fto
� of westerly section of shorelin� to correct
the present erosion problem. The plans as
� approved by DNR are enclosed. F#e has k�een
informed that approval of othe� agencies
� are required, Copies of the plan have been
sent to the City Engineer for review,
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� Planning Commission t2eet�.ng - P�iay 3, 1976
� The Commission recommended approval of minim�im
� 12" diam�ter rock rip rap, sub�eCt to approval
by all other agencieso
• Welsh moved, Butler seconded, to approve the
• rip rap permit for Phillip Dykstra, 3080 North
Shore Dirve, subject to the Planning Commission
� minutes of P�2ay 3, 1976. l7otion, Ayes (5) - Nays (0) .
�.
S ORONO COUNCIL PREETING HELD MAY 10, � `' o Page 8
• Henry P�uhich, Building & Zoning Adminictra'.or, RIP RAP PERPZIT
stated that George Jenos, 3030 Casco Poin� 3030 Casco Point Road
yRoad, is requesting approval of r�.p rap a?ong
�, the entire shoreline of his prop�rty to preven�
further erosion. Copies of the plans en.closed
� have been sent to the City Enginee� fo-r review.
The applicant has been informed of th� r�!�t�ired
� approval of other agenices.
� Planning Commission P�ieeting - May 3, �976
� The Commission recommended approval o� minisnum
� 12" diameter rock �ip rap subject �o appraval
by all other agencies.
•
Butler moved, Welsh seconded, to appYov� the
� rip rap permit for George Jenos, 30?0 Casco
� Point Road, subject to the conditio��s oi the
Planning Commission minutes of P�ay 3, 1976.
� i-7ot��on, Ayes (5) - Nays (0) .
• Henry I�Zuhich, Building & Zoning Administrator, VARIANCE
� stated that Vincent Johnson, 601 TZi.lr.et.c�:?c�z 6O1 Minnetonka
High��ands Lane, is requesting a �rar�. :�c �yo� Highlands Lane
� 34,452 for construction of a nec�r �-e�:i�denre
at this locationo Legal descript?on cf Lots
� 1,2 & 3 o Block 9, Minnetonka Summit P��:�. ii:e
� 1975 tax book lists the � lots �� L'�i:^=: s���-�a�e
parcel5 and shows that 1974 taxe� t"'�=�''� c�e�inquent.
•
The minimum lot area for this zor_e is one �.�reo
� The three lots combined equal appro:;i.rrately
� 19,000 sqa fto or 0.43 acreo All ot:her zo_iing
minimums are met including lot wicl'�h anc� �ei:backs
� shown �or the proposed residence<
� Pl�.nning Commission Meeting - May 3, I°7o
• The Commission recommended approval of the
lot area variance subject to the �e�ya1
� combination of all 3 lots and paymeni. of ani�
� back taxese Sewer is available and the
unavailability of other land create� a hard�-
� ship on the property.
• B?itler moved, Searles seconded, that �he
` variance request for Vincent Johnaon, 601
P�innetonka Highlands Lane, be approved,.
� subject to the Planning Commissicn m�_n»tes
of I�4ay 3, 1976. P�otion, Ayes (5) - N�ys (0) a
•
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� ORONO COUNCIL T�2EETING HELD 1�4AY 10, 19 7 6 Page 9
� Henry Y•luhich, Building & Zoning Administrator, VARIANCES
stated that Sheldon Quast, 235 Crestview Avenue, 235 Crestview Avenue
is requesting the variances necessary to
onstruct a 4 ft. X 21.3 ft. addition onto the
� rear of his existing residence. The lot is sub-
� standard with 12,525 sq. fte (0.29 acre) versus
2 acres minimum. The existing house is non-
� conforming with a front setback of 25.2 fto
(50 ft. required) and a side setback of 28.5 fte
� south (30 ft. required) . North side and west
rear setbacks meet the requirements now and
• will do so after the proposed addition is
� constructed.
� Planning Commission r�teeting - May 3, 1976
� The Planning Commission recommended approval of
the lot area, width and setback variances to
• allow for construction of a 4 fto addition on
• the legal nonconforming residence,
` Butler moved, Searles seconded, to approve the
variances for Sheldon �uast, 235 Crestview
r Avenue, as per the Planning Commission minutes
of 1�1ay 3, 1976. AZotion, Ayes (5) - Nays (0) .
•
� Henry 1�luhich, Building & Zoning Administrator, SUBDIVISION
�tated that Kern Hoppe, Robert Bathke, and 2608 & 2610 r�apleridge
� Christopher Dahl, 2608 & 2610 Mapleridge Lane, Lane
� are requesting approval of a subdivision consist-
ing of property line rearrangemento The existing
� house is on existing Lot 19e Existing Lot 8 is
unbuildable because placement of a structure t�
� meet the City setback requirements (including 75 ft.
lakeshore setback) would locate it within an
i existing private vision easement granted to Lot 19,
� Rearrangement of the lot lines would protect the
lakeshore view of the existing house while allowing
� construction of the proposed residence, Rearrange-
ment would meet all lot area, width, and setback
� regulations on both proposed lotso A private drive-
way easement would be required,
i
• About a year ago, T��re Bathke was denied a variance
from the 75 ft. required setback from the lagoon
� on the propertyo The proposal would provide
adequate area to meet the required se�backs for a
i dwelling. The lot area also qualifies. The lot
width, however, would require a variance of 20 ft.
� as it would be 120 ft. wide (140 ft. required) .
• r''�is is the preliminary only. P4ylars and hardshells
ill be necessary for final approval. The park
dedication fee will also applya A public hearing
� was scheduled for the first meeting in June.
�
�
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� ORONO COUNCIL t�IEETING HELD ��P,Y 10, 1975 Page 10
� Henry r�zuhich, Building & Zoning Administrator, CbNDITIONAL USE PERA47
stated that Donald Hagen, 2130 Shadywood Road, �134 Shadywood Road
� is proposing to rip rap his shoreline to prevent
the continuation of excessive erosion and to
� protect several large trees, as evidenced by
! photographs he has submitted. The work will
include filling of some undermined areas which
� now tunnel under the shore to the roots of some
of the trees and may include filling of an old
� pump house located at the shoreline. Any trees
already dead will be removed, Approval of other
• agencies will be requireda A copy of the plans
� have been sent to the City Engineer for review.
� Planning Commission T�Zeeting - AZay 3, 1976
� Planning Commission recommended approval of 12"
minimum rock rip rap and necessary backfill
� because of emergency situation, but specifically
+ excluded approval of any other land recontourinc�,
filling or grading pending more information from
, the applicar t.
� Paurus moved, Butler seconded, to approve the
conditional use permit for ponald Hagen, 2130
� Shadywood Road, as per the Planning Commission
minutes of P�Iay 3, 197b. Motion, Ayes (5) - Nays (0) .
M
� Henry AZuhich� Building & Zoning Administrator, VARIANCE
� stated that David Opheim, 1430 Cherry Place, is 1430 Cherry Place
requesting variances from these sections (31. 380,
� 340452, & 38,201) for construction of an 18 fto X
26 Fto (468 sq, fte ) addition to his exsiting
• 21,7 fto X 21a5 ft. (467 sqe ft, ) garagea Total
proposed structure area is 935 sqo fte which is
� below the 1, 000 sq. ft. maximum sizeo Variances
� are required because the existing garage is
non-conforming as followsa Front yu�:d setback
� 1. 7 to 2a2 ft, (35 ft. front yard required and
20 ft. required for doors opening on the street) ,
� side yard setback 3,9 fte (7.0 ft. required) . The
doors of the new addition will open into the lota
• The new addition will not reduce the existing
` sideyard setback. All neighbors listed on the
abstractor's certificate have signed a petition
� of approvalo
� The elevation falls quite rapidly toward the lakee
Although some fill will be necessary with this
� proposal, any other location would require a much
larger amount. This proposal wouid,therefore,
r require much less fill around the new structure
� to bring it to grade, thus resulting in much less
runoff problems on lakeshore propertyo
•
Any other location would also obscure vision toward
� the ��ad and require more tree removale I caould,
thereforeo recommend approval of the variance.
� (Continued)
� OP.ONO COUNCIL TZEETING HELD MAY 10, 1976 Page 11
a Planning Commission P�ieeting - P1ay 3, 1976 VARIANCE
1.430 Cherry Place
• Planning Commission recommended approval of (Continued)
aariance as proposed due to lay of land and
� tree removal hardships.
� Ru.tler moved, Massengale seconded, to approve
� the variance request for David Opheim, 1430
Cherry Place, as per the Planning Commission
� minutes of May 3, 1976e Motion, Ayes (5) -
nTays (0) ,
�
� H�nry r7uhich, Building & Zoning Administrator, FINAL PLAT
� stated that the Planning Commission recommended 2980 Casco Point Road
approval of the final plat for Kenneth Oien,
� 2930 Casco Point Road, subject to payment of
�2,000 park dedication fees,
�
i�2cCombs-ICnutson Associates, Engineer's letter
da�ed I�Iay 10, 1976 e
� "��e have investigated the past assessments in
� regard to the subject property and find the
r"�llowing charges should be levied in regard to
� the proposed divisione One half of a sewer
unit should be collected in the amount of $112, 50
� and one fu?.1 water unit should be collected in
` :he amount of $580 for a total of $692.50. "
[°JPlsh moved, Butler seconded, to adopt Resolution RESOLUTION #682
� #�632 , A :' �a�-olution Approving The Registered Land RLS No.
� ^urvey Noo for Kenneth Oien, 2980 Casco Point 2980 Casco Point Road
��:oad, as per the Planning Commission minutes of
� PIay 3, 1976, with park dedication fees of $2,000
�cir.g paid, plus, $692.50 as per the Engineer's
� ?��ter of tIay 10, 1976. r�7otion, Ayes (5) - Nays (0) .
•
� Ii�nry Muhich, Building & Zoning Administrator, VARIANCE
sica�ed that Lorenz Kutz, 1462 Park Drive, is 1462 Park Drive
� requesting a variance to build a new garage 3 ft.
from the north property line (10 ft, required) e
� Tnis new garage would replace a single garage
which was previously non-conforming in that it
� ���as located only 2 ft. from the south proPerty
� �?r�o The lot is extremely narrow. Therefore,
the new garage will have to be placed as near as
� ���ssible to the north lot line to provide
adequate space for a turn-around driveway from
� �:he side entry of the garage. The lot elevation
drops quite suddenly toward the rear of the lot.
r C�n.struction further to the rear would require
�uite a bit of �ill to bring it to grade.
� I �aould, therefore, suggest we dispense cvith the
wo�}c session review and recommend approval of
� a 7 ft, variance. The 3 ft. setback does comply
�ti�ith State requirements. (Continued)
!
� ORONO COUNCIL T�IEETING HELD r�AY 10, 1976 Page 12
�' Planning Commission t4eeting - P�Iay 3, 1976 VARIANCE
� 1462 Park Drive
lanning Commission recommended approval of (Continued)
� side setback variance for garage construction
at proposed location due to the lay of the land,
•
Butler moved, Welsh seconded, to approve the
� variance for Lorenz Kutz, 1462 Park Drive, as
� per the Planning Commission minutes of r�7ay 3,
1976. T�iotiono Ayes (5) - Nays (0) ,
�
• Henry i�Iuhich, Building & Zoning Administrator, VARIANCE
stated that James & Leslie Hanson, 884 Dakota 884 Dakota Avenue
Avenue, whose Lot 5 consists of 0,7 acree The
Hansons are requesting a variance of 1,3 acre
� froM the required 2 acre areao Lots 4 & 6 on
either side of this parcel are already occupied
� by dwellings, so no additional land is available.
Al1 other parcels of the development are occupied,
T would recommend approval of the variance
� without any further review subject to approval
� of septic system designo Location of the
structure and final grading should be under
the supervision of staff to prevent encroachment
� of the 26 fto marshland setback.
� lanning Commission Meeting - P2ay 3, 1976
� Planning Commission recommended approval of
lot area variance subject to the City Engineer's
� approval of the septic system and subject to
rer�noval or grading of the existing dump and
� debris under supervision of the City staff.
� Eutler moved, Welsh seconded, to approve the
� vuriance request of James & Leslie Hanson,
884 Dakota Avenueo as per the Planning
� Cornmission minutes ot r�Zay 3, 1976. T�Iotion,
Ayes (5) - Nays (0) .
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� Henry Iiuhich, Building & Zoning Administrator, VARIANCE
stated that Patrick �aells, 951 Spring Hill 951 Spring Hill Road
� Road, will attend the Council meeting of
A�ril 26, I976, to request a front yard
• varianceo He informed me he will be requesting �
--aiving referral to the Planning Commission
� �ahich I recommend against as I have not had the
� time to investigate all matters involvede
� Thus far, I have only reviewed the survev and
�hecked with our assessing department and
ennepin County to contirm the attached survey,
There seems to be some discrepancy however.
Th.�s survey was made in 1971 and the records
at the County describe this parcel (1010) as
being much smallero I have shaded the area
from the County description. (Continued)
� ORONO COUNCIL l7EETING HELD T4AY 10, 19'6 Page 13
� 2 would recommend this be referred to the VARIANCE
Planning Commission. This would give us 951 Spring Hill Road
�mple time to correct any errors and review (Continued)
the proposal before action is taken.
On April 28, 1976, Mro Wells submitted the new,
correct survey of the property. This survey
shows the property to be quite a bit smaller
than the original. The parcel does, however,
exceed minimum area and lot width requirements
and all side yard setbacks meeting the requirementse
This request consists of 2,5 fto variance
from the street setback requirement onlyo I
see no big problem hereo I would suggest we
• not delay the project and recommend waiving
work session review and approval of the
� variance,
Planning Commission Meeting - May 30 1976
Planning Commission recommended approval of
a front setback variance due to the lay of the
� land and the location of the existing residence,
Searles moved, i�2assengale seconded, to approve
the variance for Patrick �Tells, 951 Spring Hill
Road, as per the Planning Commission minutes
�f T�1ay 3, 1976o Motion, Ayes (5) - Nays (0) ,
�
Henry Muhich, Building & Zoning Administrator, CONDITIONAL USE PERgIIT
stated that James Abbott, 1000 Brown Road South, 1000 Brown Road South
� is requesting a variance from our marsh and
wetlands ordinance and a conditional use permit
� to fill and grade within the 26 fto setback
. requirement from marshlands,
He has started some of the grading and it appears
to be extending somev�hat into the marsh or up
to the edge of the marsho The attached
plans show the existing grades and the section
plans show proposed grades. Although the plans
show adequate elevation, site inspection reveals
aquatic vegetation along the edge of the graded
area,
We might consider referring this proposal to our
engineer for a review and reporto
Planning Commission R4eeting - rqay 3, 1976
Planning Commission recommended approval of
conditional use permite
�Butler moved, P�Iassengale seconded, that the
conditional use permit request for James Abbott,
1000 Brown Road South, be approveds P�Zotion,
Ayes (5) - Nays (0) a
ORONO COUNCIL T�tEETING HELD t�1AY 10, 1976 Page 14
Piayor Searles announced that a public hearing PUI3LIC HEARINGS
for the proposed ring route for a connecting May 17, 1976
�link between the intersection of County Roads Ring Route
Noo 19 and No, 84 and the intersection of Multiple Zoning Ordinane�
County Road Noe 6 and Watertown Road will be
held P�Zonday, IJIay 17, 1976 at 7 s 30 P.TI. ; also,
a public hearing will be held concerning a
multiple zoning ordinance final draft including
recommended revisions by the Planning Commission
on I�ionday, l�lay 17, 1976 at 7 a 30 P.P�i.
Searles moved, Butler seconded, to continue the NAVARRE DRIVE-IN THEAiRE
license for the Navarre Drive-In Theatre, sub-
ject to their adhering to previous conditions,
T�Iotion, Ayes (5) - Nays {0) 0
� Searles moved, Butler seconded, to approve the BEDERS�dOOD PARK
name of Bederwood Park for the Stubbs Bay area
park. 2�Iotion, Ayes (5) - Nays (0) .
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Bill Wear informed the City Council that the BICYCL� R.ACE
Lake I�Iinnetonka Optimist Club requests a variance June 12 & I9, 1976
from our zoning codes, to permit a BMX Bicycle
Raceo This wi11 be held in conjunction with the
Western Hennepin Pioneer Association Bicentennial
Community Festival,
�
The overall age spread of the contestants, 6-16
yearso There will be seven different race
catagories> A dirt tra:k will be formed, using
the existinc� elevations, plus or minus a foota
� 5ee attached diagram of the race tract approved
by the National Pedal Sports Associationa Also,
� please find an enclosed sample of participation
forme
�
The Optimist Club also request permission for
concession stands consisting ofs soda pop, pop-
corn, hot dogs and other possible stands. Any
and/or all of these stands would prohibit the
sale of alcoholic beveragese The dates area
June 12 & June 190 1976.
Searles moved, Paurus seconded, to approve the
variance subject toe
lo Certificate of Insurance
2e PZaintain drainage
3o Provide satellites and traffic control
P�iotion, Ayes (5) - Nays (0) o
�T�Iayor Searles reviewed the final draft of the NORTH FERNDALE ROAD
TJorth Ferndale Traffic Analysis Report submitted REPORT
by IIarton-Aschman Associates. The :taff were
instructed to contact Plymouth on their action
=.nd c�ate action was taken,
OROIJO COUNCIL MEETING HELD P�IAY 10, 1976 Page 15
Searles moved, Butler seconded, to adopt RESOLUTION �#683
Resolution #683, A Resolution Conceptually Bond Refunding
Approving �he Advance Bond Refunding Proposal
Of Ehlers & Associates, and to identiry "out
of pocket expenses" and to retain Faegre-
Benson as bond consultants. Final resolution
and approval will be submitted at the next
meeting. Motion, Ayes (5) - Nays (0) .
RESOLUTION #683
t�I-IEREAS, the City of Orono presently haa outstanding the following:
Description Amount Dated Present NIC
Improvement Bonds of 1974 $1,700,000 9/1/74 607456�
Improvement Bonds of 1970-A 240,000 8/1/70 6.6285�
Improvement Bonds of 1970-B 695,000 8/1/70 6, 67530
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WHEREAS, the City has been advised by Ehlers & Associates, Inc, , financial
consultants to the City, that the interest cost to the City would be
substantially reduced by refunding in advance of maturity all outstanding
bonds of the above issues, and that the refunding program would, at
present, be undertaken in such a manner as to comply with the tlinnesota
Statutes, Section 475e67, and applicable federal laws and Internal Revenue
Service regulations relating to "arbitrage bonds" ,
NOV7, TH�R�FORE, BE IT RESOLVEDs
� lo It is hereby found and determined to be in the best interest of the
City to proceed with a determination of whether the advertisement of
general obligation bonds for such purpose should be undertakene
2. The City shall retain Ehlers & Associates, Inco for one dollar ($1,00)
f and other good and valuable consideration to investigate further the
possibilities of the sale of the general obligation refunding bonds with
� all additional expenses to be paid by Ehlers & Associates, Inc,
� 3, The City retains Faegre & Benson as special bond counsel to investigate
further on behalf of the City the possibility of the proposed sale of
the general obligation refunding bonds at no expense to the City, since
� Ehlers & Associates, Inc. have agreed to pay for any attorneys ° fees
incurred by the City related to the general obligation refunding honds,
4, That Ehlers & Associates, Ince and Faegre & Benson will present to
the City of Orono at its regularly scheduled meeting all additional
information needed to determine whether or not the sale of such general
obligation refunding bonds should be authorized by the City of Orono.
This resolution was passed by a vote of five ayes and 0 nays on P�1ay 10,
1976a
� Dick Benson, City Administrator, informed the BIKE/HIKE TRAIL TOUR
City Council that the proposed Bike/Hike Trail June 20, 1976
Tour has been rescheduled for June 20, 1976.
ORONO COUNCIL r2EETING HELD MAY 10, 1976 Page 16
Bruce bTalkerson, City Attorney, and Rick Sathre, STORM [��IATER ASSESSriENT
�City Engineer, discussed policies concerning POLICIES
torm water assessment procedures stating that
ssessments can be spread based on:
1. Area
2. Flet and dry zones
� 3a Percent of impervious cover
4. Environmental protection of Lake P2innetonka
' (Total population assessment)
The Council directed this item to be deterred
� until a later date.
Dick Benson, City Administrator, stated that the ORONO-LONG LAKE
; Orono-Long Lake interceptor committee composed INTERCEPTOR
of IZayor Searles, Brad Van Nest, and John
� Guthrie met with representatives of the tdetro-
politan Waste Control Commission, Skip PZcCombs,
Rick Sathre and Lyle Swanson to discuss the
,� proposed routing and its environmental impact.
The PZetropolitan Waste Control Commission will
advise us of its decision within two weeks.
�
]3utler moved, Welsh seconded, to maintain the POLICE CONTRACT FORP�it7LA
�esent police contractual cost formula for REPORT
rticipating municipalities using population
as the basis for determining future costs to
Long Lake and Maple Plain, Motion, Ayes (5) -
Nays (0) ,
�
The Emergency Communications Report will be EMERGENCY COMt2UNICATIONS
�reviewed at the meeting of May 24, 1976,
Butler moved, Paurus seconded, to accept the RESIGNATION
resignation of Rosalie DeGrauwe, Building & Rosalie DeGrauwe
Zoning secretary. r.Zotion, Ayes (5) - Nays (0) .
Paurus moved, Butler seconded, to accept RESIGNATION
�the resignation of Fred Golgart, part-time Fred Golgart
olice c •:ficer. Motion, Ayes (5) - Nays (0) .
Searles moved, Butler seconded, to approve the CONDiTIONAL USE PERI��ZIT
conditional use permit for Ronald Ross, 1960 1960 Lakeview Terrace
Lakeview Terrace, subject to meeting permit
and marsh setback requirements. Motion,
�es (5) - Nays (0) ,
The A, T, Esco street vacation, Hill Street, STREET VACATION RESOLUTIOi�
resolution will be presented at the meeting Hill Street
of t�ay 24, 1976 by the City Attorney.
s
ORONO COUNCIL rSEETING �-� 1�lAY i0, 1976 Page 17
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Plans & Specifications for the traffic light PLANS & SPECIFICATIONS
� at Highway ;;12 and Old Crystal Bay Road will Traffic Signal
� be completed for the meeting of May 24, 1976. #12 & Old Crystal Bay
•
Searles noved, Butler seconded, that the LICENSES
� following licenses, be approved: Motion,
Ayes (5) - Nays (0) .
•
e J. & T. Contracting, a Div. of Healy, Inc. -
Plumber & Sewer Hookup
� Loosen, Inc. - Plumber
Elmer J. Peterson Company - Sewage Disposal
� Installation
• Garbage Haulers License
Woodlake Sanitary^Service, Inc.
•
� Butler moved, Pzassengale seconded, that the BILLS
� All Fund Accounts 2584 through 2627, 2628
through 2704, and 19328 through 19333 and
� Liquor Store Accounts 11298 through 11307, be
paid. Motion, Ayes (5) - Nays (0) .
•
� Massengale moved, Butler seconded, that the ADJOURNMENT
meeting be adjourned at 10:Z5 P.M. Motion,
�Ayes (5) - Nays (0� .
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i T;,� 4 � � � .
� Robert L. SEarles, Mayor
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• /� Attest: - �-a�
Walter R. o , Clerk-A nistrator
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