HomeMy WebLinkAbout07-26-1976 Council Minutes � ' � �
� CZ'�Y dF ORONO
� Regular Nteeting of the Orona Council, 7 e 3?. P.r1.
� July 26 , 1976
• The Orono Council met on the above date with
the following members presento r•iayor Searles,
� Councilmembers Butler and Pauruse Absent:
� Councilmembers Massen�ale and welsh. Also
presento City Administrator Benson, Building &
� Zoning Administrator Muhich, City Engineer Sathre,
and City Attorney t2alkerson.
•
� Senator George Pillsbury, 13?,0 Bracketts Point SENATOR PILLSBURY
• Road, addressed the City Council and the attending
public reviewing the issues and policies that
� are before him and. offering his assistance to
any residents who might have questions relating
� to policies in his district.
�
Searles moved, Butler seconded, that Resolution RESOLUTION #693
' #693, A Resolution Ratifying Sale of $2 ,G35,000 Bond Sale
a General Obligation Ref_unding Bonds of 1976,
Fixing The Form And Specifications Thereof,
� Providing For Their Execution And Delivery And
Creating A Fund For Their Payment, be adopted.
� i-Zotion, Ayes (3) - Nays (0) o
•
• I3utler moved, Paurus seconded, that the P�inutes r.q=NUTES
of the Regular PZeeting of June 28, 1976, he June 28, 1976
� approved, i�Zotion, Ayes (3) - Nays (0) .
�
Butler moved, Paurus seconded, that the t�Zinutes MIrTiJTES
� oi the Special Meeting of June 28, 1976,5:00 P,P�I, be June 28, 1976 - 5a00 PeM.
ap�roved. P�lotion, A_yes (3) - Nays (0) ,
�
� No comments from the Park Commission. PARK COP2r-qISSION
•
No comments from the Human Rights Commission. HUr'tAN RIGHTS COMP�IISSION
�
No comments from the Planning Commission. PLANDTINC COAZMIS�IO�?
•
� i•Zayor Robert Searles presentec� Police Chief A.A.A, SAFETY AtaARD
� TTelvin Kilbo with .the eleventh consecutive
I�,A.A. Annual Pedestrian Award and congratulated
� Chief Kilbo for his achievement in this area
and the wish for continued success in the future.
�
�
•
�
�
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A
ORONO COUNCIL MEETIPIG HELD JULY 26, 1976 Page 2
1
• Dick Benson, City Administrator, stated that the BIKE TRAIL PROJECT
proposed Bike Trail project funded by the State
� does follow the same criteria as the F.A.U. Grant
applied for by the City of Orono two years ago.
� The present Federal Demonstration Project and the
previously applied for F,A.U. Grant are entirely
• different routes that, if approved by the two
agencies, would require some City funding. F.A.Uo
� ($120,OOOo F,D.P, $37,500) which would have to
� be supported by a mill levy. The question
that always arises is, what �aill the environmental
� impact be, hardcover, trees, other removal of
natural obstructions, etc.
�
I recommend we apply for the project now and if
� approved by the agencies, then allocate monies
. for an environmental study, if this is a chargable
expense to the projecto
� P1ro t•7alt Lathrop, Park Commission Chairman, and
� Fern Kuhalsky, Bike/Hike Trails Chairwoman,
addressed the City Council in favor of the project
• and reviewed the entire project,
� Paurus moved, Butler seconded, to apply for
the Federal Demonstration Project in the amount
� o� $37,500. Nlotion, Ayes (3) - P1ays (0) e
�
� lsayor Searles spoke briefly of his concerns of LAI:E AiINNETONKA SAFETY
public safety on Lake Minnetonka stating that
� this is of the utmost importance to all residents
• and users of the lake as recreation increases
each year.
�
� Paurus moved, Butler seconded, that the request VARIANCE
of Fred Ryan, 1345 North Arm Drive, for a setback 1345 North Arm Drive
r variance, be referred to the Planning Commissiono
• PZotion, Ayes (3) - Nays (0) .
i Paurus moved, Butler seconded, that the request VARIANCE
� of Robert Edwall, 2640 Kelly Avenue, for a lot 2640 ICelly Avenue
area and width variance, be referred to the
• Planning Commission. Motion, Ayes (3) - D1ays (0) a
�
• Paurus rioved, IIutler seconded, that the reguest VARIAI�ICE
of Travis Smith, 1945 Fagerness Point Road, for 1945 Fagerness Point Road
� a rear yard setback variance, be referred to the
�Planning Commission. 1�4otion, Ayes (3) - rlays (0) .
• Paurus moved, Butler seconded, that the request VARIANCE
of Earl Norwood, 1360 Vine Place, for a variance, 1360 Vine Place
� be referred to the Planning Commission. Motion,
Ayes (3) - Nays (0) .
�
�
� ORONO COUNCIL MEETYNG HELD JULY 26, 1976 Pac�e 3
� Paurus moved, Butler s�co�lt�ec�, that the request CONDITIONAL USE PERP4IT
� of Park Gun Club, 3660 Sixth Avenue North, for a 3660 5ixth Avenue rTor��
conditional use permit, be referred to the Planning
� commis�a.ane �.otion, Ayes (3) - Nays (o) .
�
• Paurus moved, Butler seconded, that the request VARIANCE
of Joseph Whitney, 840 Old Long Lake Road, for a 840 Old Long Lake Road
� variance, be referred to the Planning Commissiona
Motiono Ayes (3) - Nays (0) .
•
• Paurus moved, Butler seconded, that the request SUBDIVISION
of Klaus Becker, 511 North Ferndale Road, for 511 North Ferndale Road
� a preliminary subdivision, be referred to the
� Planning Commission. t�otion, Ayes (3) - Nays (0) e
� Paurus moved, Butler seconded, that the request VARIANCE
� of �°�alt T�Iassengale, 2711 Kelly Avenue, for a lot 2711 Kelly Avenue
area and width variance, be referred to the
• Planning Commission. Psotion, Ayes (3) - Nays (0) .
r
� Paurus moved, IIutler seconded, that the request VARIANCE
of Je Richards, 3243 Casco Circle, for a lot area 3243 Casco Circle
� and width variance, be referred to the Planning
Commissione PZotion, Ayes (3) - Nays (0) .
•
� Henry T�luhich, Building & Zoning Administrator, FINAL SUBDIVISION
� stated that the property of Thomas Giere, 350 North 350 rlorth Arm Lane
Arm Lane, is located in an LR-lA residential zone
� with minimum lot requirements of two acres and
200 fto width. This total parcel consists of 9e6
� acres and is 352 ft. wide at the roac�o
! Mre Giere is requesting approval to subdivide
. this parcel into two lots of approximately 176 ft.
wideo Both parcels, however, caould meet the minimum
` areae Parcel A consists of 5e4 acres with 0. 4 acre
of �•�etlands and the area of Parcel B is 4.1 acre.
� A public hearing should be scheduled.
� Planning Commission - March 1, 1976
• The Planning Commission scheduled a public hearing
� for April 5, 1976 at 8v00 P.IZ.
i Public Hearing - April 5, 1976
� After the public hearing, the Commission recommended
to the Council approval of the subdivision and
variance request as submitted,
� Council T�eeting - April 12, 1976
� The Council approved the petition as submittede (Continued)
�
�
� ORONO COUNCIL T��EETING HELD JULY 26, 1976 Page 4
� Jul 15 197G
Y . FzrT� SUBDIVISION
• 350 North Arm Lane
Tir. Giere is now requesting approval of the final (Continued)
� plat of his subdivision proposal. I am enclosing
� copies of both the preliminary and final plans
for your review.
� Planning Commission r�eeting - July 19, 1976
•
The Planning Commission recommended approval
� of this final plat subje�t to a park dedication
fee in the amount of $500 being paid.
•
� Butler moved, Paurus seconded, �o adopt RESOLUTIOrd #694
Resolution #694 , A Resolution Approving The Dlorth Arm Estates
� North Arm Estates Second Addition. T�otion, Second Addition
Ayes (3) - Nays (0) .
�
• Dick Benson, City Administrator, stated that when NAVARRE PARKING
• the Super Valu proposal was a�proved, the City
staff informed all residents and others using
� the area for parking that the municipal parking
lot was availak�le for daily parking and that
� construction was to commence immediately. Letters
have also been sent to Super Valu and the
• contractors on the site requesting their
assistance in seeing that their personnel use
� the site and not the street for daily parking.
� Corarauters are still parking their vehicles on
� the street and catching a bus for worke This
does create a problem for all the btisinessmen
� and those who depend upon drop-off business
transactions.
•
• The only solution is to post certain parking
limitations to alleviate the problem.
� A petition signed by twenty-three Navarre PE^ITION
� businessmen was presented which statede tae,the Navarre Parking
undersigned businessmen of idavarre area, are
� requesting two-hour parking on County Roac�
;#15, also known as Shoreline �rive, from County
� Road #19 west to Navarre Avenue from 6000 A.tZo
• to 6 0 00 P.PZ.
� Searles movec�, Paurus seconded, to adopt RESOLUTION #�695
Resolution #695, A Resolution Requesting T��ao- Two-Hour Parking Signs
� Hour Parking Signs On County Road #15 At Navarre.
Motion, Ayes (2) - Nays (1) , Councilmember
• �3utler Nay,
�
Henry P7uhich, Building & Zoning A�ministrator, FINAL SUBDIVISION
• stated that Dan Lindsay (Ke11y Avenue Holding 2505 Kelly Avenue
Coo , ) , 2505 Kelly Avenue, is requesting approval
� of the final plat as submittede I have enclosed (Continued)
�
s
�
OROI�]O COUNCIL r�EETING HELD JULY 26, 1976 Page 5
/
copies of both the preliminary proposal and the FIriAL SUBDIVISTON
• final mylar �or review� We could consider 2505 Kelly Avenue
* approval of the final subdivision plans subject (Continued)
to receipt of the park dedication fee.
� No buildin
g permits can be issued for Tract A,
� however, until we have more detailed plans for
the P.R.D. proposal made for this lot. tiae will
� have to review the entire P.R.D. concept and
determine whether or not the proposed duplex
� credit should be permitted.
� Planning Commission TReeting - Ju�y 19, 1976
� The Planning Commission recommended approval of_
� this final plat subject to the park dedication
fee in the amount of $4,000 being paic�. The
• approval does not constitute approval of the
� proPosed P.ReD, development as the necessary
plans and data have not as yet been suhmitted for
• review.
� Paurus moved, Butler seconded, to ado�t Resolution RFSOLUTION �#696
#696, A Resolution Approving The Registered Land RLS #
� 5urvey � , TZotion, Ayes (3) - Nays (0) . 2505 ICelly Avenue
� xEsoLUTzor1 #696
� [1H�REAS, the City of Orono is a municipal cornoration
� organized and existing under the laws of the State
of r�innesota; and
�
T+IHEREASo the City Council of the City of Orono has
� adopted subdivision regulations for the orderly,
economic and safe development of land within the
� City, and
� S��IiEREAS, the City Council has considered the application
� for a subdivision plat for the Kelly Avenue Holding
Company for Daniel T. Lindsay;
�
NO[�J, THEREFORE, BE IT RESOLVED that the Citv Council
� of the City of Orono hereby approves the plat for
the Itelly Avenue Holding Company, Iienne�in County,
� !�linnesota, subject to the park dedication f.ee heing
� paid.
This resolution will expire on December l, 1976,
if the aforesaid subdivision plat has not been
• filed �aith the Hennepin County Register of
• Deedso In that event, it will be necessary to
file a new application with the Cityo uf Orono
� for subdivision a�proval.
�
•
i
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� OROidO COUNCIL PIEETING HELD Ji1�,Y 26, 1976 Page 6
� Henry Muhich, Building & Zoning Administrator, CODIDITIODIAL USE PERP•4IT
� stated that P�r. Thomas Ryan, 1060 Tonkawa Road, 1060 Tonkawa Road
has recently purchased this property from the
� Partens. Since this purchase, he has obtained
several building permits for remodeling the
R garage addition. Excavation from these projects
• has resulted in some excess fill. He is now
requesting a conditional use permit to transfer
� this excess fill into a lower water retaining
area south and west of the residence on his
� property and grade same. The water line on the
trees area confirm this to be a water retention
� basin and the excessive fill over the tree roots
would undoubtedly harm the existing trees. Unless
� the fill is graded in such a manner so as not to
. harm these trees, I believe we should consider
another solution for the excess fill.
� Planning Commission Meeting - June 21, 1976
�
P•Zrs. Gasch, a neighbor, was present. The Planning
� Commission recommended denial of the conditional
� use permit to fill any of the ponding areas
as proposede They also recommended removal of
the fill which had already been hauled in �aithout
obtaining approval as continuous filling of ponding
� areas contributes to the destruction of our storm
water retention and filtration area.
•
Council P�teeting - June 28, 1976
� r•iatter tabled until next meeting because applicant
was not in attendance,
�
� Henry Pluhich, Building & Zoning Administrator, SUPER VALU STORES
discussed the concern the Minnehaha Creek t�ater- 3333 Shoreline Drive
� shed District had on the proposed grading and
drainage plan for the Super Valu Store, 3333 Shore-
� line Driveo Present werea John Holmquist,
� r�innehaha Creek Watershed District; Rod Hillstrom,
Ryan Construction; Rick Sathre, City Engineer;
� City Administrator Benson, and Flank t�4uhich,
It was agreed that a french drain system would
� resolve this problem. This system would consist
of digging 4-5 ' trenches and adding a layer of
• 3" rock through the lower area under the surface
grating. nuality v�ould be controlled by grading
down to a finer material before going into the
� storm sewer.
. Rod Hillstrom and Frank Zelley of Ryan Construction,
� were present at the Planning Commission meetingo
They submitted a statement regarding fulfilling
the Minnehaha Creek iaatershed District requirements
� for the rate and quality of. runoff.
. (Continued)
�
�
ORONO COUNCIL MEETING HELD JULY 26, 1976 Page 7
� The Planning Commission recommended approval of SUPER VALU STORES
� this site plan and elevation based on the 3333 Shoreline Drive
stipulation that it satisfies the Minnehaha (Continued)
+ Creek [aatershed District and our City Engineer
as an adequate filter system. Sewer and water
f unit charges assessed against the property woul.d
� have to be paid before the building permit is
issued,
� Searles moved, Butler seconded, to adopt Resolution RESOLUTION #697
` �697o A Resolution Setting Forth Requirements To Be Super Valu Building
Fulfilled By Super Valu Stores , Inc. , In Order Permit
� To Obtain A Building Permit To Allow For The
• Construction Of A Building On The Property Owned
By Super Valu Stores, Inco In Navarre. P�otion,
� Ayes (3) - Nays (0) .
� Searles moved, Butler seconded, to adopt Resolution RESOLUTION #698
#698p A Resolution Setting Forth Requirements Super Valu Grading Permit
� To Be Fulfilled By Super Valu Stores, Inc. In
Order To Obtain A Grading Permit To Allow For
- The Grading Of Property Owned By Super Valu
• Stores, Inc, In Navarree ASotion, Ayes (3) - Nays (0) .
- Henry PZuhich, Building & Zoning Administrator, CONDITIONAL USE PERMIT
� stated that Robert J. !^�yatt, 4220 [��Iatertown Road, 4220 ���atertown Road
is requesting a subdivision of 9. 49 acres into
i tr�o parcelse (One slightly less and one exceeding
• the five acre minimum requirement. ) They would
both exceed the minimum lot wid�::� requirement of
� 300 ' o No problem here, but a puhlic hearinq
should be scheduledo
f
t�lith this proposal, they are also requesting a
• conclitional use permit to move in another house
and garage (guest house) onto the south lot,
� which is already occupied by a residence. The
� guest house would require a conditional use
permit, The Wyatts, how�ver, have suhmitted a
� letter assuring us they would remove the existing
residence within 18 monthse (We should include
� this as a condition. ) The proposal, as submitted,
would meet all setback requirements,
�
� Public Hearing - July l9, 1976
P�Tr, Wyatt was present for the hearing, He
explained that his mother had recently died
� and because he works and is a student he needed
this amount of time to remove her belongings
• and the existing residence. The Planning
� Commission recommended aPproval of this subdivision
and to grant the 18 month variance rectuest.
� This is subject to a Park Dedication fee in the
amount of $500. (Continued)
�
OROidO COUNCIL P•ZEETING HELD JULY 26, 1976 Page p
. Paurus moved, Butler seconded, to adopt Resolution RESOLUTION #699
�699, A Resolution Setting Forth Requirements 4220 �aatertown Road
+ To Be Fulfilled By Robert J, [�Jyatt In Order To
Obtain And Keep A Conditional Use Permit To
� Allow For The Temporary Presence Of A Guest
House On His Propertyo Motion, Ayes (3) - Nays (0) .
•
� RESOLUTION #699
� taHEi2EAS, Robert J, Wyatt has applied for a conditional
use permit to have a guest house on his property
� for a period of eighteen months, and
� ��1HEREAS, the City Council is concerned about the
• Gdverse effect of a guest house on that property
for a period of over eighteen months but desires
� to assist the applicant in effectuating his plans,
� NOW, THEREFORE, BE IT RESOLVED:
� 'I'h��'� the City of Orono grant a conditional use permit
to Robert Jo Wyatt pursuant to the following conditionso
•
� l. That the applicant and the property owner be
all.owed to maintain the guest house only for a period
of eighteen months and that by the end of_ the period
of eighteen months from the date of this resolution,
� the guest house must be completely removedo
� 2, In the event that the guest house is not removed
• by that time, the City of Orono is given the right
to enter on the property, with or without noctice,
� and destroy the building and assess the cost thereof
against the property. The applicant and the property
� owner agree to hold the City harmless from any and
all liability for that action if such action is
• necessary to effectuate the terms of this conditional
• use permit and resolution.
� 3. The applicant shall provide prior to any granting
of this permit and placement of the additional
� home on the property, a title opinion brought up to
date addressed to the City of Orono, which title
� opinion shows all the owners of the property
�ncluding all mortgage holders. All such property
� owners or others with interest in the property must
agree to the terms of this resolution and this
� resolution will thereafter be filed in the chain of
title for the property.
� �. IIefore any subdivision of this property can take
place, the applicant and/or other owners of the property
must meet the requirements of the ordinance incluc�ing
�providing of the title opinion showing ownership in
the applicants for the subdivision.
� 5a Nothing in this ordinance shall in any wav impose
any liability or duty to act upon the City of Orono
concerning development of this propertyo
`
OROP10 COUNCIL MEETING HELD JULY 26, 1976 Page 9
�
Henry Pduhich, Building & Zoning Administrator, VARIANCES
• stated that George Hanson, Big Island is request- Big Island
' ing variances for lot area, lakeshore setback,
street setback, and hardcover restrictions to
� build a new home to replace the one that was
recently completely destroyed b_y fire on Lot F.
� This proposal would be an improvement to the
previous situation in that the new location
� is further from the lakeshore.
� There should be some concern of precedence on
' Big Island, however. Mro Hanson also owns
Lots G & 3, which consist of an additional
� 17, 771 sq. ft. l�e could also consider vacating
the street if access to other properties caould
� not be obstructed. The streets consist of an
area �f approximately 9 ,000 sqo ft. If all this
� area were combined, there would be a total of
, approximately 55, 000 sq. ft. (87,120 sq. ft.
required) . T�)e could, however, maintain the
� required 75 ' setback from the shoreline, These
are only suggestions since 2 have never been
� on the island> A site inspection will be
necessary before determining a reasonable solution.
, The builder did indicate that the existing
drain field for the septic system is presently
� located in the street areae
Planning Commission P�Ieeting - June 21, 1976
� Suggested boat transportation be arranged for
Planning Commission members to make site inspection
a before determining decision on proposal.
� Planning Commission t4eeting - July 19, 1976
� The Planning Commission recommended approval
� of this variance subject to changes in the
plan whereby the two remaining substandard
� parcels would be eliminated. Two alternative
• suggestions were madee
� l, i�iove the location o.f unplatted street and
combine all three Parcels, or
•
2. Grant to the City a conservation easement
over the two substandard lots.
� Paurus moved, Butler seconded, to adopt Resolution RESOLUTION s700
�700, A Resolution Granting Variance To George George Hanson
� Hanson To Allow The Construction Of A Fiome On Big Island
Big Island In The City Of Orono. Motion, Ayes (3) -
Nays (0) ,
�
�
ORONO COUNCIL T�IEETING HELD JULY 26, 1976 Page 1�
, Henry PZuhich,Building & Zoning Administrator, VARIANCE
stated that Mrs. Ward Parten, 1020 Tonkawa Road, 1020 Tonkawa Road
� is requesting a lot width variance of 40 ° from
the required 140° lot width requirement in this
� area �ahich is zoned LR-1B. This parcel previously
contained a dwelling which was burned do�an by
� the Long Lake Fire Department after arrangements
• were made by P�Irs. Parten and the Long Lake Fire
Department. Since the PCA and not the City of
' Orono is the agency responsible for special
burning requests, the City was not aware of
,i the actual burning until the project was completed.
Several weeks before we learned of the burning,
� the City Administrator and myself inet with P�rs.
Parten on this siteo She informed us of her intent
to burn the old residence. [�Ie both suggested
' other methods of razing the old structure to
prevent any type of pollution or damage to
, foilagee [�1e suggested demolition with heavy
equipment such as bulldozers or cranes, or
� advertising for people interested in either
moving the building from the site or in the used
s lumber material.
Prior to our adopting the Comprehensive Plan
� and latest zoning ordinance, we found, through
studies of the reports of various agencies and
from experience, that parcels of less than 2 acre
areas were not adequate to support on-site
� se��uage disposal systemso Therefore, had the
City not included the installation of a municipal
� sewer system along Tonkawa Road in its original
+ comprehensive sewer plan, this area would have
been zoned LR-lA (2 acre minimum area) rather
a than the current LR-1B (1 acre minimum) .
� Although we have experienced seepage problems
from �rivate on-site sewage disposal systems
_ previously, I believe we will be eliminating
� this problem after all the dwellings along
Tonkawa Road are connected to the recently
i completed municipal sewer line.
� Since we have eliminated this contamination ana
pollution problem, I would recommend approval
� of the 40 ' variance from the required lot width
provided the new dwelling is serviced hy the
S municipal se��er system rather than a �rivate
� on-site sewage system, and that the location of
the structures meet all required setbackse
�Planning Commission t4eeting - July 19, 1976
Because of the cancellation of the July 6th
� Planning Commission Meeting, a telephone poll
was taken of several Council and Planning Commission
memY�ers to get the necessary approval of this variance.
(Continued)
�
ORONO COUNCIL 1�SEETING HELD JULY 26, 1976 Page 11
The Planning Commission confirmed this poll VARIANCE
� and approved the request for the ,variance. 1020 Tonkawa Road
The suggestion was also made that the CounCil (Continued)
take steps to Prevent future violation of the
Long Lake �'ire Department such as burning
a building without first obtaining a razing
, permit.
� Searles moved, Butler seconded, to approve
the lot width variance request for Mrs. [�Iard
� Parten, 1020 Tonkawa Road. Motion, Ayes (3) -
Nays (0) .
a
� Henry PZuhich, Building & Zoning Administrator, SUBDIVISION - P.R.D.
stated that Lou Oberhauser, Herrick Circle, Herrick Circle
is requesting approval of the preliminary plan
� of the replatting proposal as requ�.�ed w'�.th the
concep�ual spproval. of the P,R.D. propdsa�.
� submitted in March.
A A map of the proposed subdivision has been
submitted by the applicante I will not be
r including a copy of this map in this packet
� as it is too large for us to duplicate. This
map has several small changes from the original
,� which was submitted last spring. I will bring
copies of both plans when we have our meetinge
I am enclosing copies of minutes from the
Council and Planning Commission meetings at
� which time the P.R.D. proposal was first qiven
� conceptual approval. I am also enclosing
copies of the resolution setting forth the
� current status of the Herrick Circle proposal
and the most recent letter from Lou Oberhauser
� to Bruce A2alkerson dated June 28, 1976.
� Planning Commission r�ieeting - July 19, 1976
The Planning Commission recommended approval of
� this revised preliminary plat subject to
determining a park dedication fee. Final
s approval of the P.R.D. proposal was delayed until
detailed plans of the entire concept are submitted,
�
6 acres divided by 6 units = 1 = 10� per lot not
to exceed $1,000 per lot.
� Searles moved, Butler seconded, to approve the
preliminary plat for Herrick Circle, excluding
sewer plans and subject to Resolution #662.
A�otion o Ayes (3) - Nays (0) ,
�
�
� ORONO COUNCIL hZEETING HELD JULY 26, 1976 Page 1.2.
+ P�Ir. Darrell K. Stewart appeared b�fore the VARIANCE
Council on behalf of r4re Fred V� Rogers �or a 3175 rlorth Shore Drive
variance on lot size T�act G, R�5 No. 269, Mr.
Stewart is requesting Council ap�roval to
combine Mro Rogers' lot with hi� dwn p�oper�y
to construct a garage. Council inst�ucted sta£f
to enter this request on the August 9, 1976
Council agenda for further Council review.
�
Henry Muhich, Building & Zoning Administrator, VO-TECH PROPOSAL
stated that the Planning Commission discussed 2950 Sixth Avenue North
� new material regarding the problems that might
� result from the operation of a Vo-Tech Center
at 2950 Sixth Avenue Dlorth< Traffic and other
� public services were discussed again.
� The Zoning Administrator informed the Commission
that the Chairman of the Medina Planning Commission
� had called him in regard to arranging a joint
� meeting with the Orono Planning Commission. The
Medina representative was informed of the schedule
� of regular meetings of the Orono Planning Commission>
A joint meeting could not be scheduled until
� after the next t�tedina Planning Commission meeting
which is scheduled for August 10, 1976.
�
r��ayor Searles also restated the Council° s concern
with the traffic to be generated by the Vo-Tech
proposal,
t Henry Muhich, Building & Zoning Administrator, VARIAPICE
stated that Ken Johnson, 4075 HighG�ood Road, is 4075 Highwood Road
requesting approval of a second garage on his
� propertyou The existing garage is 20 ° Y 21° , The
, newly proposed garage would be 24° X 26 ' .
The proposed location of the new garage would require
a variance of 20 ° from the street as it would be
located only 10 ° from the street right of way rather
than the required 30 ° . Mr. Johnson states that
e any other location would require more fill and
removal of more trees,
I feel the proposed location would only add to
the many garage non-conformities down the block.
The City could eventually impr.ove the entire
situation ��hen similar applications are made by
other property owners in the areae G1e could also
suggest a larger garage and removal of the existing
� non-conforming garage on this lot.
(Continued)
�
.�
• OROY10 COUNC IL P•ZEETING HELD JULY 2 6, 1�7 6 Page 13
� �lanning Commission DZeeting - Julv 19, 1976 VA�tIANCE
4075 Highwood Road
� This app�ication was cancelled beca�tse applicant (Continued)
decided to move. He requested that his $30.00
• application fee be returned. Hank Muhich
recommended the refund be denied as the staff
r has completed all review and reports required
� for processing the application.
� Paurug moved, Butler secc�nded, that the request
for a refund of Ken Johnson, 4075 Ilighwood Road,
� be denied. Motion, Ayes (3) - Nays (0) .
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• Henry P�Iuhich, Building & Zoning Administrator, METROPOLITATI DEVELOPMENT
stated that he was enclosing a copy of correspond- GUIDE
! ence from the Metro Council notifying us of the
Public Hearing regarding the revised draft of_ the
� FIousing Chapter of the Metro Developm�nt Guide.
Please review and forwar� any comments you might
• wish to be considered or included,
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� Henry PZuhich, Building & Zoning Administrator, PRIVATE DOC�:
stated that Mr. Vincent Burnhart, 3020 Eileen 3020 Fileen Street
� Street, recently purchased one parcel of the
� Riedel Company' s Stubbs Bay Ac?dition. He has
since completed construction of a new home and
is now requesting permissian to add a dock on
� the shoreline strip of land located across County
� Road #84 from this subdivisione At the time,
Council approved this subdivision subject to
� several conditionso Council P�linutes of P�Iay 27,
1975 stateo Deed restrictions shall prohibit,
� 1) multi-dock or multi�use, 2) any and all
structures will require Council approval.
•
I am also enclosing a copy of his proposal as
� he had it sketched and a copy of the survey of
� the conditions as they exist along the shoreline.
Note a conflict in the data on the respective
� sketcheso The survey shows a much smaller
shorelineo
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Paurus moved, Butler seconded, to approve
� the private dock for Vincent Burnhart, 3020
• Eileen Street, as per the Council rSinutes of
i�iay 27, 1975. r4otion, Ayes (3) - Nays (0) .
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• Henry ri2uhich, Building & Zoning Administrator, LOT COMBINATIOrT
� stated that Robert P•Sorrison, 1530 2dorth Arm , OPdF SET�]ER UNIT
Drive, owns Lots 18 & 19 ��hich are two separate 153f1 PTorth Arri Dri ve
substandard parcels consisting of less than 1/5
� acre each. This area is zoned LR-1B, one acre
minimum area, so the proposed combination would
• result in an improvement to existing conditionso (Continued)
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� ORONO COUNCIL r4EETING HELD JULY 26, 1976 Page 14
� Tir. P4orrison is therefore proposing to combine LOT COriBINATION
� the two parcels if the sewer unit charge is (Continued)
dropped from Lot 19 as the combination would 1530 North Arm Drive
� result in only one building site.
• The two parcels were assessed as follows:
� Lot 18
• Plat 42280
Parcel 7600
� Levy 3382
Interceptor Sewer
� Oe18 acre at $110 per acre - $19. 80
Paid June 7, 1976
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• Levy 5382
Sewer Improvement
� Footage - 50.04 feet at $7. 80/ft. - $ 390e32
1 Unit Charge 1,270,00
� 1 Connection Charge 225. 00
Total Assessment 1,885032
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Unpaid as of this datee
� $1, 885e32 less $673. 35 paid to date = $1,211.97
� Lot 19
� Plat 42280
Parcel 8000
• Levy 3302
` Interceptor Sewer
OelB acre at $110 per acre � $19. 80
� Levy 5382
� Sewer Improvement
Footage - 50e04 feet at $7o80/ft. - $ 390. 32
� 1 Unit Charge 1,270v00
Total Assessment $1,660. 32
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• U���}ai� as of tnis date s
Levy 3302
t �19,80 less $1�.52 paid = $5e28
Levy 5382
, $1,600e32 less $592.95 paid = $1,067. 37
A I helieve YvTr. Morrison would be satisfied with
waiving of the unpaid balance of the sewer unit
S charge on Lot 19, $1,067. 37.
� Butler moved, Paurus seconded, to waive one unit
� sewer charge subject to staff submitting a
resolution at the next meeting and subject to
� combination of the two lots. P��otion, Ayes (3) -
�Jays (0) o
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ORONO COUNCIL I�ZEETING HELD JULY 26, 1�76 Page 15
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� Henry Muhich, Huilding & 2on�.ng Adn►�.n�str�.tor, PLArTN�NG �p�M�SSIpN
stated that after receiving several complaints REFERRALS
� from applicants regarding the number of ineetings
and time involved in processing the various
� proposals in the City, the Planning Commission
suggested that Council eliminate the first
� referral step in order to expedite the various
proposals and promote better public relations.
M If this procedure is adopted, the cut-off date
� for submitting any proposal should be set at
two weeks before any scheduled Planning Commission
� meeting so staff will have time to review and
make report on all applicationse
•
Searles moved, Butler seconded, to waive the
• first referral step to the Planning Commission
� as per the above memo. Motion, Ayes (3) - Nays (0) ,
+ Paurus moved, Searles seconded, to reconsider RECONSIDER rZOTION
� the previous motion for Robert Edwall, 2640 2640 Kelly Avenue
Kelly Avenue, for a lot area and width variance,
� AZotion, Ayes (3) - Nays (0) .
w Searles moved, Butler seconded, to approve the
� lot area and width variance for Robert Edwall,
2640 Kelly Avenue. P4otion, Ayes (3) - Nays (0) .
•
� Paurus moved, Butler seconded, to approve the RETIREAZENT
retirement of Charles Spencer, employee in the Charles Spencer
• Public t�dorks Department, as of July 30, 1976e
P•Zr. Spencer's compensation pay, one-third sick
� leave (78 hours) and balance of vacation (57 hours) ,
� plus services rendered July 26, 1976 to July 30,
1976 will be a final reimbursement to him, rZotion,
� Ayes (3) - Nays (0) .
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Paurus moved, Butler seconded, to approve the SECURITY LIGHTS
r security lights for the Hennepin County lake Lake Access - #51
• access at County Road #51, conditioned one
� 1. The lights be discontinued during the winter
months since the area is not plowed or easily
` accessable.
� 2o The lights be filtered and shaded to prevent
. interference with private residences.
� Nlotion, Ayes (3) - Nays (0) .
�
Paurus moved, Butler seconded, to approve the REVENUE & EXPENDITUR�,
� second quarter Revenue & Expenditure Report. REPORT
Tdotion, Ayes (3) - Nays (0) o
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� ORONO COUNCIL P�IEETING HELD JULY 26, 1976 Page 16
� Dick Benson, City Administrator, informed the POLIC� SERVICE
� City Council that he has been requested by the T�innetonka Beach
Iiinnetonka Beach Council to consider providing
• police services for their community for the
ensuing years. With Council permission, I wi11
� proceed with developing data in preparing a
S proposal for their consideration.
f ra2ayor Searles instructed staff to follow through
with negotiations with Minnetonka Beach.
•
• Butler moved, Searles seconded, to appoint Alan APPOINTPZENT
Olson to the position of Assistant Building & Alan Olson
� Zoning Administrator, effective August 1, 1976,
� at a yearly salary of $13,425. r�otion, Ayes (3) -
Tdays (0) ,
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• Butler moved, Searles seconded, to appoint Joan '.rEP��PORARY DEPUTY CLERK
Lattin as temporary Deputy Clerk from July 28, Joan Lattin
� 1976 to August 9, 1976, in the absence of Alberta
� Strom, T�Zotion, Ayes (3) - Nays (0) .
` Butler moved, Searles seconded, to increase the SALARY INCREASE
� salary of Larry Klingelhoets, part-time liquor Larry Klingelhoets
store employee, from $2. 50 per hour to $2. 75 per
• hour, effective June 28, 1976. PZotion, Ayes (3) -
Nays (0) .
� Butler moved, Searles seconded, to increase the SALARY INCREASE
� salary of Dian Ehrenberg, part-time liquor store Dian Ehrenherg
employee, from $2.50 per hour to $2. 75 per hour,
� effective June 28, 1976. Motion, Ayes (3) - Nays (0) 0
�
. Butler moved, Searles seconded, to increase the SALARY INCREASE
salary of Alberta Strom, Deputy Clerk, from Alberta Strom
� $800 per month to $833.33 per month, effective
September 20, 1976. Motion, Ayes (3) - Nays (4) ,
�
� i1r, Jim Fulkerson, 230 Tonka Avenue, presented KENNFL LICENSE
• the following petition to the City Councilo This Karen Ewing
is to state that the undersigned DO D10T want a
� kennel of any type in our neighborhood. t�le all
feel two dogs are plenty for any household. Uae do
� not want the extra noise and odor a kennel, personal
or commercial, would bring, we have enough.
�
�etters against the kennel were presented to
Council from Ardeen and Pat Prekker, Mrs. Sheldon
. Quast, and P�Ir. & P�rs. F, C. Fields. (Continued)
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�� ORONO COUNCIL r4EETING HELD JULY 26, 1S'7G Page 17
� Bruce Malkerson, City Attorney, reviewed the KENrTFL LICENSE
� following kennel license ordinanceo 63. 110. Karen Ewing
Public Nuisance, The keeping of more than two (Continued)
w dogs over age of six months, except by special
permission of the Village Council, will be
�' deemed a public nuisance and unlawful. The
+ keeping of a dog or dogs that annoy other
persons by barking, howling or baying between
� the hours of 10s00 P.P4. and 6sU0 A.M. shall
be deemed a public nuisance and unla�aful; and
• upon the written complaint of two or more
� neighbors shall be abated upon order of the
Village Council within 48 hours. 63e180,
� Dog Kennels, Licensee No person shall operate
a kennel without being licensed under this section.
� Application for such kennel license shall be
made to the Village Clerk, and shall be
i accompanied by a license fee of $25.00e The
Clerk shall refer the application to the Village
� Council who may grant or deny it. Licenses
� shall be issued on an annual basis, expiring
on i�iarch lst each yeare
� ilayor Searles requested staff to enter the
� kennel request on the August 9, 1976 Council
agenda.
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� i�ir. Bruce A4alkerson, City Attorney, informed the OROA10-r?[INNETONKA BEACH
� City Council that all documentation concerning INTERCEPTOR
the Orono-P�tinnetonka Beach Interceptor has been
� forv�arded to the Metropolitan �aaste Control
Commission and that they will be acting on that
� acquisition in the near future. Bruce A'talkerson
also stated that it was his understanc�ing that
� the only work required of the attornev as of this
' point �n tXme i� this mat�er is the finalization
of the acquisition of the easements anc� transferring
� them to the Metropolitan Waste Control Commission.
I have spoken with David Graven, the attorney
`� for the Mt•�CC on several occasions concerning
�vhat the PIG^7CC will need in this matter< He has
� noted to me that certified copies of the easements
' would be sufficiento
� After we obtain these certified copies from the
Title Insurance Company, I will meet caith David
� Graven and review for him each easement and note
to him where that easement is on the "as built"
� plans as provided to me previously by the City
Engineero After I have done that and the
• Iletropolitan [Jaste Control Commission finds those
� easements to be acceptable, the City of Orono will
need to adopt necessary resolutions authorizing
� the sale of these properties to the ����?CC and an_y
other action necessary to effectuate the �inal
` transfer of the line to the P�tt�ICC, U�e can discuss
that at a later datee (Continued)
�
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� ORONO COUNCIL MEETING HELD JULY 26, 1976 Page 18
! ORONO-I�IINNETONKA BEACH
1�4ost likely, the attorney for the P�iWCC will INTERCEPTOR
� use some standard form contract that they have Continued)
used in the past when acquiring interceptor �
� lines.
� As I discussed with you previously, I am using
* Title Insurance Company to obtain this information
because neither the former City Attorne_y nor the
� staff at Orono could find any files related to
the acquisition of these easements previously.
• It is possible that the easements were not all
+ acquired or were not all recorded. In that case,
we may have some problemse Perhpas we will have
� to obtain additional easements from property
owners or condemn an easement if necessary.
�
However, since this pipe was laid in approximately
� 1963, and there is a fifteen ��ear statute of
limitations, by 1978 the City will have a right
� to the easements because of adverse possession,
� So, if there are problems, I think they caill be just
administrative in nature, which problems should be
,� readily solved.
� I am using Title Insurance to obtain this information
because they do this on a daily basis and can
• acquire the information at a lesser rate than
� anyone else cane
� Letter to T1r, Brian Bakk
Title Insurance Company of l�sinnesota
•
ihis letter will confirm the understanding that I
• reached with you at a meeting between yourself,
T�Zr, Lyle Scvanson, engineer for the City of Orono,
'� and the undersigned at your office on Tuesday,
` July 20, 1976.
� At that meeting, we reviewed the "as built" maps
for the sanitary sewer project, which sewer line is
� being purchased by the P4etropolitan Waste Control
Commission from the City of Orono. [�le also reviewed
� approximately 30 legal descriptions, which descriptions
apply to easements for sanitary sewer purposes and
r for lift stations in this project. It is my ur.der-
� standing that you will review the chain of title
for each of the properties descrihed in those
� legal descriptions and obtai� a certified copy
of the easement, if any, granted by the property
� owner to the City of Orono for sanitary sewer
• purposes and lift station purposes. You �aill also
provide the document number and the date of filing
� of that easement for each easement. The respective
easements will be attached to the respective
� legal descriptions previously providec? to you, (Continued)
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� ORONO COUNCIL i�2EETING HELD JULY 26, 1�976 Page 19
•
You will also note any of the °gaps ' in the line, ORONO-MINNETONKA BEACH
� if there are any. It is necessary for the City INTERCEPTOR
of Orono to have easements over all of the property (Continued)
� over which the pipe or lift station is constructed
� which is not in the public right of way. In those
instances, if any, where there is no easement over
� a parcel of property over which the �ipe or lift
station has been constructed, you ��ill note to me
� where there is no easement and will note for me
the legal description of the lo�, the name of the
• owner from 1960 to 1964, and the name of the
� present owner.
� Tt is my understanding that this service will cost
the City of Orono $5. 00 per property, or approximately
r $150. 00 for the thirtv properties involved and what-
ever fee is charged by the Registrar of Titles or
i Register of Deeds for certified copies of the
' easements, �ahich is probably $3.50 per easement.
It is also my understanding that you will have
� completed this task in fourteen days, or in other
words by Wednesday, August 4, 1976, unless various
� unforeseen problems arise in the acquisition of
the certified easements.
�
As I noted, the City of Orono plans to assign its
• interests in these easements to the Metropolitan
• �^7aste Control Commission once u�e have obtained
certified copies from you.
� Please bill the City of Orono directly for services
� rendered with a copy of the bill to the undersigned.
� Bruce t�Ialkerson
•
� IZr, Rick Sathre, City Engineer, in£ormed the City RING ROUTE P�lEETING
Council that a meeting has been tentatively arranged
� with representatives of Hennepin County Auqust 11., 1976
to discuss Hennepin County's proposed upc�rading of
� County Road #110, Orono°s ring route concept, Tanager
Lake bridge, and the location of the Orono-Long Lake
� In-':.�.r^�,.tor.
�
` The City Council authorized the staff to send a ABANDONPZENT - #51
letter to each involved property owner concernin_q Hendrickson Bridge
� Lhe proposed Hennepin County abandonment on County
Road #51 adjacent to the Hendricicson bridge.
•
� P,Zr. Rick Sathre, City Engineer, stated that he MINI-WATERSHED STUDY
� will initiate the t�Iini-watershed Study for the
area located at the location of the Good Shepherd
� Lutheran Church site.
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� ORONO COUNCIL MEETING HELD JULY 26, 1976 Page 20
r Mr. Rick Sathre, City Engineer, infbrmed the Gity COMPREHENSIVE SEWER PLAN
� Council that he will work with P,ir. John Guthrie
a�d Mr. Brad Van Nest in completing Orono's
� Comprehensive Sewer Plan by Septembei 27, 1976.
�
PZr. Rick Sathre, City Engineer, reported to the SCOTCH PINE LANE STORM
• City Council that he will survey the area at Scotch SEWER
Pine Lane where City storm sewer is to be
� installed beginning July 27, 1976.
•
� A2r, Rick Sathre, City Engineer, reported to the SE[�ER ASSESSMENT
City Council that as requested, we have Don Bohn
� calculated the assessment of Plat 42160,
Parcel 3610 based on the 1963 assessment rate.
•
, The property involved is Lot 5, Block 2 and Lot 4,
Block 4, Crystal Bay Park, including the adjacent
� View Avenue, vacated. The frontage of the
property is 100 feet and the 1963 assessment
� per foot was $8.00; therefore, the assessment
based on the 1963 rates is $800.00.
•
` Paurus moved, Butler seconded, to adopt Resolution RESOLUTION #701
�t701, A Resolution To Assess Plat 42160, Parcel Don Bohn Assessment
� 3610, Don Bohn. P�otion, Ayes (3) - Nays (0) .
� Searles moved, Butler seconded, to conduct a PUBLIC HEARING
� public hearing concerning Drainage Improvement Drainage Project No.75-1
Project No. 1975-1, August 23, 1976 at 7000 P.Pd.
• T�Zotion, Ayes (3) - Nays (0) .
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� Butler moved, Searles seconded, that the following LICENSES
licenses, be approved: P�otion, Ayes (3) - Nays (0) .
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Loren Brown Plumbing - Plumber
� Harold Ruppert & Son [aell Company - Well Driller
Hayes Excavating - Sewage Disposal Installation
�
� Butler moved, Searles seconded, that the All BILLS
� Funds Accounts 3178 through 3220, 3221 through
3384, 19362 through 19369 and Liq_uor Store
� Accounts 11399 through 11446, be paid. Motion,
Ayes (3) - Nays (0) .
•
` Butler moved, Searles seconded, to change the CHAN�E TIA4E OF MEETINGS
, time to convene all Council meetings from 7:30 P.M,
� to 7000 PaM. , effective August 23, 1976. �Zotion,
Ayes (3) - Nays (0) .
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� ORONO COUNCIL MEETING HELD JULY 26, 1976 Page 21
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Bruce Malkerson, City Attorney, reported to the BOND REFUNDING
� City Council that two issues relating to the
* advance bond refund, City boundaries, and
escrow monies were not resolved, but will be
� within the next 24 hours.
� Butler moved, Paurus seconded, to allow Mayor
Searles to bind the Council while the legal
r department clears these two open issues.
D�otion, Ayes (3) - Nays (0) .
•
� Butler moved, Paurus seconded, that the meeting RDJOURNMENT
M be adjourned at 10:55 P.M. P�otion, Ayes (3) -
Nays (0) .
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� o ert . Sear es, Mayor
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` Atte s t a eF' �� yi�yc�
� Wa ter . s , Cler -Administrator
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