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HomeMy WebLinkAbout06-14-1976 Council Minutes �. . � CITY OF OR��iO • Regular T��Ieeting of the Orono Council, 7 a 30 P.ri. June 14, 1976 The Orono Council met on the above date with the following members present: DZayor Searles, � Councilmembers Butier, PTassengale, Paurus and � r1�elsh. Also presento Building & Zoning Adriinistrator Muhich, City Attorney Pialkerson, r and City Engineer Rick Sathre. • . I�Tayor Searles continued a discussion on water LAKE IiINNETONKA SAFETY safety on Lake Plinne��nka that had commenced PATROL S after the adjournment of the Board of Review. � i7ayor Searles discussed the safety of users of Lake Plinnetonka and suggested that Lake PZinnetonka � Conservation District create a water safety patrol with funds being collected from users of the lake. • It c��as suc�gested that a user fee be eolleeted at the different boat launchings. Fifteen � municipalities are adjacent to the lake and could � share in the setting up of a safety patrol, � Since funds from Hennepin County have been reduced, many of the calls for emergencies on the lake � are referred to the Police Department on land, �ho have no facilities to help. � would present his�proposal todtheCLakeaMinnetonka � Conservation District at their June 23, 1976 meeting, • • Approval of the Nlinutes of the Regular Meeting MINUTES of Tiay 24, 1976 was continued until the meeting T�Iay 24, 1976 � of June 28, 1976e � � Butler moved, Paurus seconded, to approve the MINUTES - Public Hearing IZinutes of the Public Hearing of tlay 170 1976, r2ay 17, 1976 � i�iotion, Ayes (5) - Nays (0) , s Butler moved, T�Zassengale seconded, to approve BOARD OF REVIELd � the TZinutes of the Board of Review meetin_q of June 1, 1976 - 6e30 P.Mo June 1, 1976 - 6s30 P.A1. P�Iotion, Ayes (5) - � Nays (0) 0 • � Piassengale moved, Paurus seconded, to approve SPECIAL PZEETING e Tlinutes of the Special r4eeting of June l, June 1, 1976 - 7a 30 P.�t� 76 - 7a30 P,r2. iiotion, Ayes (5) - Nays (0) , • � � •, . � ORONO COUNCIL MEETING HELD JUNE 14, 1976 Page 2 • I4assengale moved, Searles seconded, to approve BOARD OF REVIEW the Tlinutes of the Board of Review meeting of June 7, 1976 June 7, 1976. T�Zotion, Ayes (5) - Nays (0) . � Paurus moved, Butler seconded, that the request VARIANCE � for John Pembroke, 4111 Oak Street, for a 4111 Oak Street variance in lot area, be referred to the Planning • Commission. l�otion, Ayes (5) - Nays (0) . • � Paurus moved, Butler seconded, that the request VARIANCE of George Hanson, Big Island, for a variance, Big Island � be referred to the Planning Commission. I42otion, Ayes (5) - Nays (0) . � • Paurus noved, Butler seconded, that the request SUBDIVISION of Charles Velie, 2905 Fox Street, for a sub- 2905 Fox Street + division, be referred to the Planning Comr.iissiono � ilotion, Ayes (5) - Nays (0) , • Paurus moved, Butler seconded, that the request VO-ZECH PROPOSAL • of Vo-Tech project proposal, be referred to the Planning Commission, r4otion, Ayes (5) - Nays (0) . • �Henry PZuhich, Building & Zoning Administratoro SUBDIVISION � stated that Kern Hoppe, Robert Bathke, and 2608 & 2610 P�tapleridge Christopher Dahl, 2608 & 2610 �iapleridge Lane, Lane � are requesting approval of a subdivision consisting of property line rearrangement, The • existing house is on existing Lot 19. Existing Lot 8 is unbuildable because placement of a � structure to meet the City setback requirements � (including 75 ' lakeshore setbacky would locate it c��ithin an existing private vision easement � granted to Lot 190 Rearrangement of the lot lines would protect the lakeshore view of the f existing house while allowing construction of the proposed residenceo Rearrangement would meet • all lot area, width, and setback regulations on both proposed lotso A private driveway � easement would be required, � About a year ago, rZr. Bathke was denied a variance � from the 75' required setback from the lagoon on the propertye The proposal would provide • adequate area to meet the required setbacks for a d�aelling. The lot area also qualifies. The � lot width, however, would require a variance of �0' as it would be 120 ' wide (i40 ' required) o � Iiylars and hardshells will be necessary for final approvala The park dedication fee will also � apply> A public hearing was scheduled for June 8, 1976. (Continued) • •. � . � ORONO COUNCIL I�IEETING HELD JUNE 14, 1976 Page 3 f, Public Hearing - June 8, 1976 SUBDIVISION 2608 & 2610 A2apleridge The Planning Commission recommended approval of Lane the subdivision. (Continued) Paurus moved, Welsh seconded, to approve the � subdivision for Kern Hoppe, 2608 & 2610 Piaple- � ridge Lane, subject to one park dedication fee being paid. P�iotion, Ayes (5) - Nays {0) . � i James Sidwell, 1375 Park Drive, was present to SUBDIVISION • discuss his request for a subdivision to divide 1375 Park Drive his property into two lots. His neighbor, � Wayne Peterson, was also present. The Planning Commission held a public hearing on June 8, 1976 � and recommended approval of the subdivision. • Welsh moved, Massengale seconded, to deny the request for the subdivision for James Sidwell, « 1375 Park Drive. Motion, Ayes (2) - Nays (3) . � Pliayor Searles, Councilmembers Butler and Paurus voting Nay. I�iotion failed. • Discussion followed. • Butler moved, Searles seconded, to approve the • subdivision for James Sidwell, 1375 Park Drive, � per the Planning Commission recommendations, subject to the engineer approving the drainage, « placement of house, and payment of park dedication fee. P�totion, Ayes (3) - Nays (2) .Councilmembers � I�Iassengale and tiVelsh Nay. Motion passed. • Massengale moved, Paurus seconded, to approve RIP RAP PERI�IIT � the rip rap permit for Steve Plowman, 3024 Casco 3024 Casco Point Road � Point Road, subject to approval of other interestect agencies. Motion, Ayes (5) - Nays (0) . • � Tlassengale moved, Paurus seconded, to approve RIP RAP PER��IT the rip rap permit for Joe Hraun, 3020 Casco 3020 Casco Point Road �' Point Road, subject to approval of other interested M agenciese Motion, Ayes (5) - Nays (0) . � Henry T��uhich, Building & Zoning Administrator, VARIANCE & CONDITIONAL � reviewed the application by Stewart Perry, 2975 USE PERMIT � Casco Point Roade r2r. r7uhich noted that Mr. Perry 2975 Casco Point Road commenced extensive grading within 75° of Lake � r�iinnetonka without applying for or obtaining � the necessary permits from the City of Orono. Perry's excavation and grading, filling and placement of structures within 75' of the shore- • line has violated several provisions of the ordinances. • � (Continued) �� . � OROI10 COUl`dCIL P�ZEETING HELD JUNE 14, 1976 Page 4 � The City issued a stop-work order immediately VARIANCE & CONDITIONAL after the staff became aware of the violationso USE PERMIT T1ro Perry went ahead and filled additional 2975 Casco Point Road areas near the lake subsequent to the issuing (Continued) � of the st6p-work order. I�ir. Perry �has- used treated railroad ties £or the terracing and at • the water level on Lake l�sinnetonka. Mr. tiuhich . noted that in addition to the violations of the ordinances, the presence of the creosote � logs will result .�n additional pollution to the lake, The engineer concurred that such polluta.on � would take place because of the creosote logs. The City attorney noted that the City could tag � I7r. Perry noc� and �hen ask him to file formal applications �or the ripraping of the shoreline • or else the City could decide not to tag at this � time and see wheth�r or not P•2r. Perry will work wi�� the City to restore the area to its ` origina7. �ondition. P�Iro Niuh�.ch noted that Nir. Perry had not appes�rtd before the Pl�nning � Com.mission or Council even though the ma�t�r was on the agenda. The City' Council inst�uCtec� � the staf� not to issu� tags at this time but to . inform r�ir. Perr� that he must �pply immediately for a permit showing how he would remove the ` sea�al}. next to the water made of creosote ties � arid wduld replace that with rip rap. That caoul.d be reviewed at the next P2anning Commission and Council meeting and the City at that time � ceould discuss whether or not additional action would be necessary by 1'�Ir. Perry. ! , Searles moved, I�iassengale seconded, that the following recommendations be made to t1r, Perry, � 2975 Casco Point Road: � lo The necffly installed creosoted timber seawall contributes to pollution of Lake l��innetonka and � should therefore be removed and replaced with approved stone rip rap. • � 2e He is instructed to follow standard procedures for submitting an application for rip rap with � the City of Orono, the DNR, the A2innehaha Creek t�]atershed District, and the U.S. Army Corps of � Engineerso r 3, Staff was in8tructed to withhold issuance • of a citation for violation of the ordinance if the complete rip rap application is submitted S, on or before June 29, 1976. Tlotion, Ayes (5) - Nays (0) . • • • �- � . � ORONO COUNCIL PZEETING HELD JUNE 14, 1976 Page 5 � The request of Lester Raskob, 4220 Chippewa VARIANCE Lane, for a variance, was tabled until further 4220 Chippewa Lane information is presented by the Planning Comrniss ion o � � Henry F�tuhich, Building & Zoning Administrator, VARIANCE stated that Phillip Jansen, 1085 Brown Road 1085 Brown Road South • Southa is requesting a variance for two additions on an existing dwelling located on a non-conforming � lot, as well as a variance from the required � setback for his proposed addition. � TZinimum lot area requirement, two acres - 87,120 sq_ ft. Jansen's lot area - 31,108 sq, ft, • Variance - 56,012 sq. ft. , Iiinimum lot width requirement - 204 ft. � Jansen's lot width - 111.5 Ft. Variance - 88.5 ft. � TZinimum side yard setback 30 fte r Jansen's proposed garage 15 fto location • Setback variance 15 ft. �� The Planning Commission meeting of June 8, 1976 recommended approval. � Butler moved, Vaelsh seconded, to approve the variance request of Phillip Jansen, 1985 Brown � Road South, as recommended by the P2anning Commission, PZotion, Ayes (5) - Nays (0) , � � Henry Pluhich, Building & Zoning Administrator, CONDITIOi1AL USE PERTZIT ,� stated that W. J. Sime, Jro , 405I Highwood Road, 4051 Highwood Road has obtained about 90 yards of fill from his � neighbor°s construction project and deposited it in the low area of his property along Hic�hwood • Roado He is requesting approval of a conditional use permit to partia2ly fill and grac�e this low � area. � Several problems could result from this project � unless the following conditions are meta � le Rernove excessive fill from around existing trees to prevent c3estroying thema � � 2o Protect graded banks against erosion. Agree to provide properl�r designed drainage to prevent flooding problems on adjoining � properties or property across the street. (System to be installed approved by the City � Engineer, ) (Continued) � r' ORONO COUNCIL r4EETING HELD JUN� 14, 1976 Page 6 � 4, Agree to combine Lots 9 & �10 into one parcel. CONDITIONAL USE PERhTIT � 4051 Highwood Road 5o The City has experienced previous flooding (Continued) problems with the property acrdss the street, • (Lot 42� , Therefore, it might be advisabl� to request a "hold harmless" agreement si�i�ed s by surrounding property ownr�s. � Flanning Commission M�eting W �une 8, 1976 � Planning Commission rebclmmend�c� approval. � Glen Sauer, 4104 Highwood Road, appeared stating � that the drainage problem at Highwood Road has bPen satisfactorily repaired and that no drainage ! problem exists today. � Paurus moved, Searles seconded, that the conditional use permit for (rJ, Ja Sime, Jr. o 4051 Highwood Road, � be approved subject to the Planning Commission , r��:.nutes of June 8, 1976e Motion, Ayes (5) - Nays (0) 0 ~ t�1r. R, J, Hillstrom was present concerning the SUPER VALU STORE � Super Valu site and drainage plan. He stated 3333 Shoreline Drive �hat they have directed our attention to finding � solutions to the concerns of the members of the �ouncil and the Staff and at this time believe � ��;e have arrived at the best solution for all � concernedo � ��andscapinge Groupings of shrubbery are being provided on either side of entrance drives. � c�ther plantings will be provided on the east �nd west sides of the building. All other areas � ��rhich are not built on, paved, or left natural �•�ill be sodc?.ed. Sodded areas where slopes are � �-ceeper than le3 will be staked. On the west � and south property lines the first 20 feet of the property, in addition to the right-of-way, ` ���ill be maintained a natural landscape. � Drivec�ays o L�le met with Mr. David P�i. Feltl, P<�e , of Hennepin Count.y Traffic Department, • and resolved the driveway concerns. PZr. Feltl � verbally approved the location of the drive to County Road 19 as was presented and gave verbal � approval of the drive to County Road 15 providing that fifty feet is maintained between the west � property line and the near side driveway curb. Our drawings have been changed to conform to • that requiremento � T��ater :'.aine Our drawings have been changed to � stipulate that the water main along the southerly edge of the property be located and a 7 foot � minimum earth cover be maintained, (Continued) r � �� ORONO COUNCIL PZEETING HELD JUNE 14, 1976 Page 7 � Site Drainageo To maintain drainage areas at SUPER VALU STORE � anproximately their present size, we have re- 3333 Shoreline Drive designed the northeast portion of the property (Continued) � such that about 0.50 acres can be drained to the storm sewer system in County Road 15o To • accommodate runoff from the remaining areas of the parking lot and from the roof of the building, ` and to avoid overburdening the Kelly Avneue ` drainage area, we have designed a holding pondo This pond will be able to hold approximately M 40,000 cubic feet of runoff or another way of stating it - it will hold all runoff from the r site up to an accumulated sum of 7" of rainfall. [�Te anticipate that with this approach, the runoff 7 preblems relative to Kelly Avenue will be less . severe than they have been in the past. � L�atershed Districts [nle have met c�ith t7r. John Holmquist of r�linnehaha Creek [nlatershed District � and have reviewed the above proposed drainage plans with him. t�tr. Holmquist stated that he • didn°t anticipate any problems from the Watershed District with our proposed plans, ho��ever, a � formal acceptance will be reguired. � Paurus moved, Searles secondedo to refer the � Super Valu Store drainage plan to the Planning Commission, place it on the next Counci], � agenda and request a report from �he City � �ngineer. P•7otion, Ayes (5) - Nays (0) . ��iayor Sea�les rec�uested Dick Benson, City � Administrator, to wr�.te a letter to tYle� � PZinnehaha Creek 6Vate�s�ed District Xeguest�.r}g a letter from them s�ating that they ant�.cipate �, no problems with the proposed drainage plan for the Super Valu Storeo • i North Star t>Iarina letter to Henry PZuhich, NORTH STAR P4ARINA RE�UEST � Building & Zoning Administrator stated thats 3300 North Shore Drive � "You have inquired about our plans regarding building permits for the addition to our build- * ing and for rip rapping our shorelineo During the several years between the time we originally • pres�,.-:.ted our plans and approval by the City � Council, the costs of building and equipm�nt have risen very substantiallyo We have been � working to possibly develop a somewhat different plan that meets our needs and is at the same � t�.me economically practicalo It is unlikely �hat we can complete plans and arrange financing � before fall of 1976, however, we hope to have � something developed by this time next year. � PJ.ease check into the poss�b�.�.ity of extenc}�.ng our approval pending presentation of x�evi.sed � planss " � Paul ICempf, President of North Star T�Iarina (Cpntinued) y " � OROrdO COUNCIL MEETING HELD JUNE 14 , 1976 Page 8 � Because of lack of inforn�ation, the request of NORTH STAR P�ARINA � the North Star f�arina, 3300 North Shore Drive, 3300 North Shore Drive for an extension of expansion was tabled. Continued � � Henry TTuhich, Building & Zoning Administrator, FRED V. ROGERS, JR. stated that he received the following letter 3175 North Shore Drive • from Fred V, Rogers, Jr, , 3175 North Shore Drives � To Whom It T�Iay Concerna � I, Fred V. Rogers, Jr, , not having authorized � my name to be included on a list or given financial support to the group o£ property � owners levying a class action suit against the City of Orono relative to excessive sewer • assessments, request that my name be removed • from any such lists and disa�sociated from the group" . A The request of Fred V. Rogers, Jr. was deferred r until the next regular Council meeting. � Butler moved, Paurus seconded, to approve the CONDITIONAL USE REPdEWAL e conditional use permit renewal for Daniel Lenz 34�5 Bayside Road � for the Stubb's Bay Cafe, 3445 Bayside Road, � subject to his signing his acknowledgement of Resolution #575, which states the conditions of the operation of the cafe. Motion, Ayes (5) - � Nays (0) . • Butler moved, Paurus seconded, to adopt Resolution RESOLUTION #690 � ;k690o A Resolution Adopting Alternate A As Alternate A � Submitted By The Metropolitan G+laste Control Comr.iission, as amended, Motiono Ayes (5) - � Nays (0) , � Otto Christensen, representing the Joint Trails BIKE/IiIKE PROPOSAL � Committee, was present to discuss the West Sub- Funds ! urban Trails Bikeway proposal. He stated that funds must be applied for before August 1, 1976 � and requested a resolution supporting the proposal. � T3ayor Searles requested that Dick Benson, City Adriinistrator, dq research on the proper method • of applying for funds for the bikeway and also . that the Park Commission take a more active part �_n the planning. � � Searles moved, Butler seconded, that the Bike P�20CLAMATION Ride Tour Proclamation, be adopted. P�Iotion, Bike Ride Tour � Ayes (5) - Nays (0) . • � � � . � ORONO COUNCIL rZEETING HELD JUNE 14, 1976 Page 9 ` Butler moved, Paurus seconded, that $175.00 BIICE TOUR FUD7DS to support the cost of buttons, satellites, yand maps for the bike tour, be granted. These � expenditures to be charged to the Park Commission. P�otion, Ayes (5) - Nays (0) . • • iiayor Searles discussed the proposed route for RING ROUTE • a connecting link between the intersection of County Roads #19 and #84 and the intersection � of County Road �6 and L�atertown Road, He suggested that the County continue plans for � the construction of County Road #110 to be contingent with the route through Orono. � i�Iayor Searles and Dick Benson, City Administrator, � will write a letter tv the Hennepin County Highway � Department to acquire their timetable and funding planso • � Butler moved, Paurus seconded, that the SALARY INCREASE salary of l3etty Wallin be increased from Betty TJallin ♦ $3.00 to $3. 35 per hour, effective June 1�, ` 1976. PSotiono Ayes (5) - tJays (0) . TZassengale moved, Paurus seconded, to approve APPOINTP�IENT the appointment of Barbara Ewald as Building Barbara Ewald & Zoning Secretary at $700.00 per month, � effective June I4, 1976. Motion, Ayes (5) - Nays (4) . • � Paurus moved, [delsh seconded, that the salary SALARY iNCREASE � of Greg tidagman, part-time police officer, be Greg Wagman increased from $3. 50 to $4,00 per hour, effective , June 14, 1976. r�totion, Ayes (5) - Nays (0) . � Paurus moved, Edelsh seconded, that Emerson APPOINTriENT � Dressel's status be changed from Sergeant to Senior Patrolman � Senior Patrolman, effective May 31, 1976. His Emerson Dressel salary to be reduced from $1,356.00 to $1,289.25 � per montho be approvedo Motion, Ayes (5) - Nays (0) . • Welsh moved, Paurus seconded, that Winton APPOINTr2EPJT • Burmaster be appointed to Sergeant, effective Sergeant • r•1ay 31, 1976, with a salary increase from Winton Burmaster $1a289o25 to $1, 356.00 per month, be approved. � ilotion, Ayes (5) - Nays (0) e � � � r � • ORON� COUNCIL MEETING HELD JUNE 14, 1976 Page 10 � T•�:assengale moved, Welsh seconded, to approve the LARGE ASSEMBLY PERT�IT � large assembly permit for the Spring Hill Center Spring Hill Center concert to be held June 24, 1976 and that Orono � furnish police, traffic control and sanitary facilities, as in previous years. Motion, Ayes (5) - • Nays (0) . • � TZayor Searles announced the bond refunding bids ANNOUNCEMENT will be opened at 1:00 P.Pd. , Monday, June 28, Bond Refunding Bids � 1976 for award at 5:00 P.As. and Council action June 28, 1976 at ?s30 P.M. • r T��assengale moved, Searles seconded, that RESOLUTION #691 Resolution #691, A Resolution Approving Issuance Beer, Setup & Liquor � Of On And Off Sale 3.2 Beer Licenses, Setup Licenses . Licenses, And Liquor Licenses, be adopted. r7otion, Ayes (5) - Nays (0) . • � Councilman Welsh left the meeting at 11:OU P.M. ` Paurus moved, Butler seconded, that a refund REFUND � of $15,00 be paid to Leo Scherber for a 3.2 Leo Scherber off sale beer license application he has � withdrawn, rTotion, Ayes (4) - Nays (0) . � ! Butler moved, Searles seconded, that a refund REFUND of $15.00 be paid to Ken and Sandi fieroux Ken & Sandi Heroux � for a rip rap permit application that they have withdrawn. hlotion, Ayes (4) - Nays (0) . • � Searles Moved, Butler seconded, that the M.W.C.C. REORGANIZATION . Metropolitan Waste Control Commission Reorgani- ACT zation Act be referred to the Planning Commission. � I�totion, Ayes (4) - Nays (0) . � Searles moved, Butler seconded, that the large LARGE ASSEtZBLY PERrgIT � assembly permit request for the Lake Minnetonka tZinnetonka ARt Center Independent Republican Party Executive Committee • Picnic Auction at the r-�innetonh Art Center, be � approved. Niotion, Ayes (4) - Nays (0) . � Searles moaed t B ��,�� �econded, to ac�q�� � oxdina�ce Nc�. 8 O�IN��!�� NA• �.85 } � A�1 Qrdinance To Amend The l+iultiple Dwelling i�Tunicipal Code Of The City Of Orono By Add�ng � Certain Sections Relating To P-4ultiple Dwellings �n The City Of Orono, as amended by City staff.. �7otion, Ayes (4) - Nays (0) . • • • •_ .� ."� � ORONO COUNCIL R�EETING HELD JUNE 14, 1976 Page 11 • Rick Sathre, City Engineer, reported to the City PiC CAFFREY DRAINAGE Council concerning the complaint registered by COMPLAINT � I�iaurice McCaffrey, 1065 West Ferndale Road. The � City Council instructed the City Engineer to work with the engineer for Guetzkow Construction to � design the drainage so as not to increase to the ponding which existed previously on the P�IcCaffrey , property. � Pflassengale moved, Butler seconded, to award the BID A��JARD � loo� bid of $3,450.00 to Egan McKay Electrical Traffic Signal Contractors, Inc. for the traffic signal on #12 & Old Crystal Bay Rd. � Highway #12 and Old Crystal Bay Road. Motion, ` Ayes (4) - Nays (0) . � No action was taken regarding the Willow Drive WILLO�] DRIVE PROJECT Surfacing project. a � Searles moved, Paurus seconded, to approve the 1976 SEALCOATING PROGRAM 1976 Sealcoating Program and to accept the Black- � top Construction Company of StBkopee as sub- � contractor for Skeets He1d, Inc. , subject to the City Attorney reviewing the liquidated damages in � the Agreement. Aiotion, Ayes (4) - Nays (0) . �� Aiassengale moved, Butler seconded, that the LICENSES follawing licenses be approved: Motion, Ayes (4) - Nays (0) . � Cigarette License � Carol D. Edwardson - Saga Hill Grocery Garbage Haulers License • Dennis L. Day - Lake Sanitation � Chester Norman Plumbing, Inc. - Plumber Hopkins Plumbing & Heating Company - Plumber & r Sewer Hookup Sullivan Septic Service - Sewage Disposal � Installation � Torgerson Well Drilling Company - ti7e11 Driller � Butler moved, t�4assenqale seconded, that the BILLS � All Funds Accounts 2797 through 2839, 3059 through 3138, 19339 through 19343 and Liquor � Store Accounts 11322 through 11362, be paid. idotion, Ayes t4) - Nays (0) . • � P4assengale moved, Butler seconded, that the ADJOURNMENT meeting be adjourned at 11:10 P.I�I. Motion, � Ayes (4) - Nays (0) . � p - -� ) �L,����sYL-,11v� � obert L. Searles, Mayor � Attest: �� � a ter R. son, Clerk-Administrator