HomeMy WebLinkAbout11-22-1976 Council Minutes � «
� CITY OF ORONO
� Regular I�Ieeting of the Orono Council, 7;00 P.M.
ldovember 22, 1976
�e Orono Couricil met on the above date with
� the following members presento PRayor Searles,
+ Councilmembers nutler, r�assengale, Paurus, and
�°lelsh. Also presenta City Administrator Benson,
� Building & Zoning Administrator P•Zuhich, City
Attorney 1�lalkerson, and City Engineer Frank,
�
T�Iayor Searles announced that Item #�19 entered PZAYOR SEARLES'
� on the agenda would be considered at this timee RESIGNATION
T�Zayor Searles su�imitted his letter of resignation,
� which stated thate
� "I am writing to present my resignation as PZayor
w of the Village, e f fective upon appropriate
acceptance by the Council,
•
Needless to say, I feel a considerable degree
� of regret in c�oing this since I have had a
continuous association with the Village for
� 22 years, either on the Planning Commission or
+ on the Council. Even with this resignation,
I will continue to be active with you and the
� Council as regards legislative matters affecting
Orono government and our citizens ' interests.
•
� thanks to you, Dick, for your able administration
of Village affairs while I have been Tiayor and my
� thanks to all our Village employees for their years
of loyal dedication to the Village.
�
It'�s hard to single out past or present Councils,
�Planning Conunissions, or other volunteer Commissions
for their great contribution to a better community.
•All of them, whether elected or appointed, whether
forr.ially or informalZy connected with Orono government,
�all of those citizens can view with pride what we have
'accomplished togethere Orono is a leader in the
�tetro area and in the State when it comes to responsible
`public policies. The citizens who have given so much
of their time and effort toward creating and carrying
•out these policies are to be congratulated. I for one
thank them for the support they have given me over the
iyears; without it anything I might have wanted to do
�in way of public policy could not have succeeded.
rI suppose I should just say "I resign", but I couldn't
bring myself to do that. Hence this letter. Let me
�conclude by saying that I will always be on call to
help work on Orono problems, legislative or not. 2Zy
�gratitude to you and all the others �aho have done so
�h for me and Eor Orono for so long.
�Sincerely,
�obert L. Searles
ilayor of Orono (Continued)
•
� �
� ORONO COUNCIL �IEETING HELD NOVEMBER 22, 1976 Page 2
i Butler moved, P�iassengale secondec�, to adopt RESOLUTInN #727
Resolution #727, a resolution ta accept Mayor Accept �esignation
earles' resignation with deep regret as of
� s 05 P.P�, , November 22, 1976 o r�iotion,
Ayes (4) - Nays (0) .
•
Mayor Searles relinquished his chair to Acting
• T•�ayor Walter T�iassengale. Acting Mayor Niassengale
declared that there is a vacancy to be filled at
� this time.
� Paurus moved, Welsh second�d, to adopt Resolution RESOLUTION ;�728
� ;�728, a resolution to c�eclare a vacancy exists Vacancy �xists
in the office of Tlayor as of 7 e OS P.P�i. , rlovember 22,
� 1976o riotion, Ayes (4) - Nays (0) .
� Acting I�layor t9alter, T9al�seriga].e read into the
record Attorrtey P•Z�lker9on's letter and his own
� merlo to Council and list af qualifications.
� Attorney Malkersorl's l�tters ATTORNEYtS LETTER
, "At your r�ques�, I heve prepared and distributed
• the follrswing letter r
• The offices of P�layor and State Legislator are
� incompatible as stated in the rIinnesota
�onstitution, Article IV, Section 5, "No senator
representative shall hold any other office
under the authority of the United States or the
` State of i�Zinnesota, except that of Postmaster or
Notary Public". Special elections may not be
• held to fill vacancies in City elective officeso
(�iinnesota Statutes Section 205.I0) . Therefore,
r the City Council must fill the vacancy. Since the
� vacancy will occur during the term of office, the
appointee's term is from the date oP his or her
� appointment until the term of office expires by law.
� The procedure to fill the office of r�iayor will
` be the following:
+ 1. The l�sayor resigns, either orally or in
writing, to the Council, including in his
+ resignation the effective date.
i 2. The Council will pass a resolution which
accepts the resignation and declares that
� a vacancy exists in the office of Mayor.
If the resignation states that it becomes
� effective on a specific date, then the
� vacancy occurs on that date whether or not
� the Council has accepted it. (rZinnesota
Statutes Section 351.01; Minnesota Statutes
Section 412.02, Subd. 2) . (Continued)
•
�
�
�
� ORONO COUNCIL P-ZEETING HELD NOVEPdffiER 22, 1976 Page 3
� 3. There is no statutory requirement setting ATTORNEY'S LETTER
� forth the procedure the Council must follow (Continued)
to fill the office of l�ayor. City Council
* is given wide latitude in establishing
rules of procedure.
•
• 4. The ex-mayor may not vote after he vacates
his office.
� 5. Upon acceptance of the resignation of the
� 1�layor, the Acting t�Iayor will take over the
meetingo
•
6, Minnesota Statutes 412. 191, Subd. 1, requires
� the presence of at least three members of the
• City Council to transact City business.
� 7e The person appointed to fill the vacancy in
an elective office must satisfy the same
� requirements as the person who ran for the
officeo The qualifications for elective
• office are set forth in the State Constitution.
� All eligible voters 21 years of age or older
may hold elective offices in the State of
� biinnesotao Applied to cities, this means
that an elective officer must be a qualified
� City voter at least 21 years of age on the
date of their election and a resident of the
` State for at least twenty days. (Minnesota
Constitution, Acticle ?, Section 6; P�Zinnesota
• Constitution, Article 7, Section 1; DZS 200.02,
� Subd. 25 (a) . )
� 8. After reviewing the law and speaking with the
League of Plunicipalities, it appears that
� the best way of filling the vacancy in the
office of the P•Sayor is to have a C�uncilmember
� offer the following resolutiona "IIe it
resolved that person °A' be appointed to
�' fill the vacancy of Mayor" . If the person
� nominated is a Council member, he or she
may not vote on that resolution. IIecause of
� this rule, that a member of the Council may
not vote on his or her own appointment, it
� would be difficult to hold a mini election
with several nominees being considered and
• voted upon simultaneously, . e.g. if three of
• the four Council people are nominated only
one person would be eligible to vote.
� �o Any resolution must be voted upon by at least
f three Council members. A majority vote will
� prevail, If on any of these resolutions
there was a tie vote, the Acting P�Iayor has
the authority to appoint any person who is
� qualified to be r•layor. He is not bound to
� appoint someone who has been nominated by the
Council, In this case, he is acting as the (Continued)
�
!
� ORONO COUNCIL r7EETING HELD NOVEDIBER 22f 1976 Page 4
� Y�Iayor and may appoint anyone who is ATTORNEY'S LETTER
qualified to hold the office. (hiinnesota (Continued)
Statutes 412.1?_1) . The Acting t7ayor r-.��:y
abstain and not appoint someone and
d.emand another nomination.
� 10. If the first resolution was not passed,
� a second resolution may be offered cahich
would states "Be it resolved that person
� rB° be appointed to fill the office of T�layor".
r 11, After being elected or appointed, the new
+ t�tayor will qualify for office by taking
the oath of office which stateso "I
� do solomnly swear that I support
the Constitution of the United States,
� Constitution of the State of r�linnesotao and
that I will faithfully, justly, and impartially
� discharge the c�uties of the office of P�Iayor
� of the City of Orono, t�iinnesota to the best
of my judgment and ability so heln me God. "
� If the officer objects to an oath on religious
grounds, the word "affirm" would be sub-
� stituted for the word 'swear' and the phrase
'and this I do under the penalty of perjury°
� for the phrase 'so help me God' . Such an
` affirmation has the same legal effect as an
� oatii. Once taken, the signed copy of the
oath must be £iled with the City Clerk.
� If the person who is appointed T�ayor is a member
of the Council, the same procedure will be
� followed in filling that Council vacancy. The
newly appointed Mayor may vote in filling the
� Council vacancy. "
� End of letter
� :'alter Massengale's memo - November 8, 197G MASSENGALE'S MEMO
r
"Assuming that Bob Searles is going to resign
• as lZayor, some thought should be given to how
to appoint a new Nlayor. Ti:e attached e�-- luation
• criteria are my thoughts about the job itself
and the factors which I feel are important to
� consider. I am sure each of you have opinions
� about the job anci what would be good for the
Village. Hopefully, the attached list will be
� an aide in your consideration of candidates.
r Qualifications for Mayor
� Evaluation Criteria
� Function as Chairman of the Council meetings,
ao Ability to obtain confi:ence of the public.
r b. Act as spokesman for Council on critical
and/or sensitive issues.
� c, Ability to cope vrith adversity.
d. Be firrl yet tactful o (Continued)
•
� ORONO COUNCIL r�iE�TING HEI,D NOVEMBER 22, 1976 Page 5
�
2, Represent the City at various functions. D9.ASSENGALE'S P4EM0
� A. Convey the proper image for the occasion. (Continusd)
. B. Understand ancl convey Council o�inion,
when called for, in a manner showing
t conviction.
� 3. Represent the Village to other government
agencies.
� A. Cope �•�ith tietro Council, P�•ICC, LMCD, MCV�D,
other municipalities, other government
� agencies of County, State, and Federal
` Governments.
Be Participate in joint cooperative programs
� with other agencieso
� 4. Dedicated to serving the public interest.
A, Non-alignment �•�ith special interests.
� B, Ability to help Village staff with their
day to day problems.
� Co Ability to get along with Staff and
• Commission.
D. Represent the Public interest in debate
� at the Council meetings.
E. t�lillingness to spend considerable time
� at the City offices.
� 5. �:nowledgeable of the people in the comnunityo
� A. Ability to recruit volunteer help when
needed,
� B. Capable and willinc� to deal with the
public at large conveying honesty and
� good character.
C. 6+lillingness to accept public points of
� view on issues.
Do Electable in November, 1977 and willing
• to run for officeo
• E. Willingness to communicate openly with
the publico
« 6. Assist in formulation and establishing policy
� A< Business acumen.
II. Familiar with financial and legal mattersa
• Co Ability to act as a catalyst in focusing
attention to issues for policy decision.
� De Familiar with the precepts of long range
� planning.
E. Experienced in dealing with land use issues.
� 7. Piust understand the purpose and function of local
i government.
Aa Exhibit detail knowledge of State law which
� grants power to municipal government.
� B, Exhibit detail knowledge of local ordinances,
C, Must be able to distinguish the elements
� of good law and bad law.
D, Capable of contributing to the generation
� of ordinance.
(Continued)
•
� OROP10 COUNCIL P�IEETIDIG HELD NOVEMBER 22 , 1976 Page 6
S E. Distinguish between n�cessary and super- r�ASSENGALE'S PiEPeIO
� fluous services. (Continued)
F. Capable of properly representing the
� Village in court related matters.
G, Distinguishes between public versus
• private interests.
• H� Willing to accept the Council judgment
as the best and final decision on all
� matters properly before the Council.
� �, Piust be knowledgeable of issues affecting
the residents of the Village.
s
A. Exhibit an awareness of the needs of the
� residents and business communityo
� B, F.amiliarity of economic constraints
facing the residents.
� C. Ability to assess impacts on the community
of new or outside forces.
End of inemo,
�
Acting Piayor i4assenga].e requested opinions and
� opened the floor for discussion. Welsh stated
� that the City of Orono required a DZayor who iso
, l. Consistent in planning and can articulate
Orono's position.
2. Be an advocate of Orono°s position.
3. Be effective in implementing Orono's policies.
�
Councilmember Norman Paurus stated that he concurs
� with Councilmember G7elsh° s comments. Councilwoman
� Butler commented that the vacancy of the L�layor° s
office should be filled with a person who has gone
� through the elective process and that the vacancy
should be filled by appointment from the elective
� body. Acting PZayor Plassengale read letters
received from Councilwoman 1�lary IIutler and Planning
� Commission member Brad Van Nest c•�hich stated that:
� CounciZwoman PZary Butler's letter - November 16, 1976 P1ARY BUTLER LETT�R.
� "tJe have all been silent on the question of v�ho
� will take Bob's chair when he resigns to assur►e
his new duties at the State level. I think that
� it is time to get the ball rolling as .we have
S only two meetings before the end of the year to
make our decision (s) , and I do feel that it is
� a question of importance that we should address
immediatelyo
� After kicking the question around ever since IIob
� told me of his decision to run for the State
Legislature; talking it over with numerous people,
� my family and my employer, I have decided to ask
! for the appointment to the Mayoz's chair. (Continued)
�
ORONO COUNCIL PZEETING HELD NOVEr4BER 22 , 1976 Page 7
S
I do think that the r2ayor should come from the COUNCILVJOP�AN IIUTLER'S
ouncil and further, that the new Council member LETTER
ould come from the Planning Commission. That (Continued)
u�ay, there is no need for a long 'catch-up' period,
the Council members are aware of where we are
t and the Planning Commission members are not far
behind, r�side from my working knowledge of
Orono, I offer for your consideration the fact
� that I am always close at hand, I work on Casco
Point as well as live there, my job does not send
� me out of town nor does it occupy any of my
evenings, my employer gives me a degree of
� flexibility not usually associated with full
time employmente I feel that I can serve Orono
well and I ask for your support. "
End of letter
•
I3rad Van Nest Letter - November 1$, 1976 BRAD VA1�1 NEST LETTER
"The Council faces a very difficult task in
� filling the unexpired term of mayor caused by
� the election of Bob Searles to the State Legislature.
I know you share with me a desire to appoint the
� most qualified person with experience, ability
and the dedication to serve Orono in this most
� �emanding capacity now, as well as in the future.
� ror the past several months, T have been considering
my own abilities, interest and desires to serve
� Orono as its mayor if Bob Searles were elected
to the State Legislatureo Orono has made great
strides in the past five years in analyzing and
� determining its land use policy to protect
and preserve our basic underlying goalso As a
• member and past chairman of the Planning Commission
and as co-author of the Orono Comprehensive Guide
� Plan, I have had a great insight to the needs and
desires of Orono residents. As co-author of the
� new comprehensive zoning cocle, I have become
� tamiliar with municipal law and hota it effects
the protection of our basic goals in Orono. As
a chairman of the committee working with the
i�letropolitan Council reviewing, modifying and
approving our Comprehensive Guide Plan, I have
learned the importance of the P-Zetropolitan Council
�and their profound Effect on Orono's destiny.
�As co-author of the Comprehensive Sewer Plan and
as the Council representative negotiating the
route and design of the Orono-Long Lake interceptor
with the PIetropolitan Waste Control Commission,
I have had dernonstrated what great impact outside
�encies have on the development policy of any
llage like Orono. In working with the State
and County Highv�ay Departmentso the Lake PZinnetonka
Conservation Dist-rict, the P�innehaha Creek Watershed
�District, the Department of Natural Resources as
well as a party in the law suit challenging (Continued)
OROt10 COUNCIL f4EETING HELD NOVEP-SBER 2 2 , 19 7 G Page 8
the authority of the Army Corps of Engineers, I BRAD VAN NEST LETT�R
have developed an overall understanding of the (Continued)
important ingredients required to balance the
need to use and enjoy our environment today with
the need to protect and preserve it for the futureo
t
Orono has made great advances in the past five
years but many things remain to be accomplished.
The "Land Planning Act" will cause a complete
� review and possible amendments of our comprehensive
• planning from the I�Ietropolitan Council within the
next yearo We must clarify and restate our land
� use policies in such a form that their intent
will be conveyed from one Council to another
� as well as the recodification of a11 municipal
ordinances. T��e rnust develop a media that can
be used to communicate the needs and desires
. of Orono to its residents> These are but a few
of the many demands confronting Orono in the
near future,
� Based on rny experience and interest of Orono,
I feel compelled to offer my name for your
� consideration with the commitment that it
would be my intention to run for re-election
as Tlayor in 1977. I have been a resident of
Orono since 1962 and have no special interests
that would benefit from me becoming mayoro
� own and operate a business located in Orono
and because of its close proximity and flexik�ility
� of rny time, I �aould be very available to Village
staff and residentse
�
Thank you for your consideration and I hope that
� your decision will be favorable to me. "
� End of Letter
� Actinc� i�ayor ��Talter Tlassengale requested comments
� fror:l the floor. PZre Robert Searles comm�nted
that the qualifications that have been received
� do relate to the position and both candidates
• have the qualifications to fill the vacancy>
Ty7re Paul Pesek, 1995 Fox Ridge Road, commented
that T�Zr, Brad Van P1est has the skills and
knowledge to fill the position of TZayor and
maintain City policies. P�irre Charles I:allestad,
� 73U Old Crystal IIay Road, commented that TZr. Van
i�dest is a capable man and would be a tremendous
asset to the community, Mra Greg Hannah, 1406
Bohn's Point Road, commented that i+4r. Van Nest
�as a background of dedication to the City
hrough his service with the Planning Commission
and has the leadership that is required of
the Mayor°s office. Mr. Howard P�leagher, 3980 Dahl
Road, stated that both candidates are qualified
� and both should be considered, t2r. Van Nest on
his service with the Planning Commission and (Continued)
�� OROT�O COUNCIL MEETING HELD NOVET•�BER 22 , 1976 Page 9
Councilwoman P�1ary Butler as an elective official
from an elective body.
�ouncilmember IJorman Paurus asked, should we
consider and act on this appointment now or
enter it on an agenda at a later date?
t
Councilmember Gary �9elsh, act now, swearing in
later in the evening. Acting r7ayor P�Zassengale
requested comrnents from the two candidates.
t Neither commented. Acting PZayor i�4assengale
asked if there were any further questions from
the floor. There were none,
• }3utler offered the following resolution: A�OTION TO APPOINT P1P,YOR
Be it resolved that P4ary Butler be appointed to
fill the vacancy of Mayora r�4assengale, Paurus,
and Vdelsh Nay.
Butler moved, Welsh seconded, the following RESOLUTION #729
resolutiono Be it resolved that Brad Van Nest Appoint P�ayor
be appointed to fill the vacancy of Mayor, subject
to his being sworn in before adjournmente t�iotion,
Ayes (4) - Nays (0) .
Butler moved, Paurus seconded, that the Tiinutes NIINUTES
of the Regular I4eeting of October 25, 1976,
'�e approvede Tlotion, Ayes (4) - Nays (0) .
No comr.ients from the Park Commissione PARK COMT-7ISSION
No comments from the Human Rights Commissione I3UMAN RIGHTS CObu�iISSION
TZo comments from the Planning Commission. PLANNING COP�u�ISSIOI�i
� Henry Tduhich, Building & Zoning Admini5trator, BRUCE DAYTON PROPERTY
stated that the Planning Commission held a public 475 East Long Lake Road
hearing on the Dayton Park property offer of ##193
�3ruce Dayton, on P7ovember 15, 1976. Several
residents of the neighborhood were present.
a
, P�Ir, T•luhich explained that this was projected
to be a low profile neighborhood park and beach
usea All in attendance, including P-ir, Dayton,
voiced their preference for a usage on a wider
scale.
The following suggestions were made by some of
the parties presento
le Fencing for security
o Beach
Lighting
4. Restrooms
5. Parking
The Planning Commission recommended Council take
necessary steps to carry out the project. (Continued)
�
ORONO COUNCIL MEETING HELD NOVEP�IBER 22, 1976 Page 10
� Dick Benson, City Administrator, stated that BRUCE DAYTON PROPERTY
T�r. Bruce Dayton, resident of Orono, has offered 475 �ast Long Lake Road
�o donate five acres located at 475 East Long (Continued)
ake Road to the City for park use.
S The area is approximately 60% wooded, 6/10 acre
wetlands, is fronted with 500 ft. of lakeshoree
It has been noted by residents in the area that
it is the best swimming beach in the area. Also
located on the property is one very old single
family dwelling and one beachhouse 4�hich might
have to be eliminated at some future date.
` The 1976 market value is $63,000, taxes for the
same year are $1, 834.28.
The Park Commission at an earlier date had
recomnended to accept rZr. Dayton' s offer. The
f Planning Commission on November 15, 1976 , held
` a public hearing on this matter and also recommend
acceptance and to express appreciation for same.
� I recommend acceptance of this generous offer and
� a letter thanking PZr. Dayton for sar.me. The legal
department will review the entire proposal per
Council instructiQns.
Daurus moved, Butler seconded, to conceptually
pprove r�1r. Dayton's proposal and to establish
a work session meeting with the City of Long Lake
and P�Zr, Dayton to discuss future uses of the
area. Motion, Ayes (4) - Nays (0) .
S Henry P2uhich, Building & Zoning Administrator, NAVARRE AREA REZONING
stated that the notice for public hearing regard-
t ing the Navarre Area Rezoning and Zoning Code
� amendment has been sent to the Sun Newspaper for
publicationo The public hearing is schedulea
for 7045 PeA7e on �dovember 15, 1976, The properties
being considered for rezoninc� are only those
three which were part of the agreement stipulations
between attorneys on the Pdavarre Area Litigation
� mattere The stipulations also included completion
of the entire process by November 29, 1976.
Our notice of public hearing does not include
rezoning of any other Navarre properties as no
final decision was ever made as to exactly c��hat
properties should be rezoned. Once we determine
what other properties we want to rezone, the
Planning Commission will hold another public
�earing on the matter.
(Continued)
�
� ORONO COUNCIL D4EETING HELD NOVEI�ZBER 22, 1976 Page 11
� Council T4eeting - November 8, 1976 NAVARRE AREA REZONING
(Continued)
ouncil informed of progress of rezoning.
� Council referred question of determining any
other proposed rezoning of Navarre area to
• Planning Commission and instructed staff to
continue with necessary procedures.
•
y Planning Commission TZeeting - November 15, 1976
� Several people in attendance at the public hearing
had some questions as to properties being
r considered for rezoning. Subject properties
were pointed out. Other than these questions,
• there was no objection from the floor regarding
the rezoning of those properties on the zoning
� amendment proposal to include the B-5 (limited
� business) zoning districte
� The Planning Commission recommended adoption
of the amendment and rezoning subject properties
� fronl LR-1C-1 (Residential) to B-5.
• The Planning Commission reviewed other possible
zoning changes in the Navarre area, Decision
� was to recommend to Council that the Village
� rezone all properties as designated on colored
��p of IJavarre with the exception of the P•Zartin
� exaco property. If Council concurs, Planning
ComrElission will schedule necessary public hearing.
•
Paurus moved, Welsh seconded, the adoption of
� amendments for rezoning subject properties in
the Navarre area per the Planning Commission
� i�Iinutes of November 15, 1976. Plotion, Ayes (4) -
� Nays (0) .
•
Paurus moved, Butler seconded, that Resolution RESOLUTIOP7 #730
• �730, a resolution to rezone subject properties Rezone - LR-1C-1 to B-�
from LR-1C-1 to B-5, be adopted. Motion, Ayes (4) -
�' Nays (0) o
•
� Paurus moved, Butler seconded, to adopt Ordinance ORDINANCE NO. 188
No, 188, An Ordinance To Amend The PZunicipal Code Add Section B-5
� Of Orono By Adding To The Zoning Code Section B-5
Limited Neighborhood Business District. i,�otion,
� Ayes (4) - Nays (0) .
•
� Paurus moved, Butler seconded, to adopt Ordinance ORDINANCE NO> 189
189, An Ordinance To Amend The Municipal Code LR-1C-1 to B-5
Orono I3y Amending The Official Zoning R4ap Of
Tlie City Of Orono By Rezoning Certain Parcels
�Of Land In The Navarre Area Of The City Of Orono
From LR-1C-1 To B-5. I�otion, Ayes (4) - Nays (0) .
•
�
�
• ORONO COUNCIL PZEETING IiELD NOVEMBER 22 , 1976 Page 12
` Paurus moved, Butler seconded, to insturct ADDITIONAL NAVARRE
�Mr. Henry Muhich, Building & Zoning Administrator, R�ZONING
o proceed with Planning Commission review of
� other Navarre area possible zoning changes and
to schedule necessary public hearings. Riotion,
• Ayes (4) - Nays (0) .
•
• Fienry I�Iuhich, Building & Zoning Administrator, VARIANCE
stated that David Butler, 4685 North Shore Drive, 4685 North Shore Drive
� proposes to add a two bedroom, single story #194
addition to the existing dweZling on this property. David Butler
� The existing building and the proposed addition
meet all the required setbacks including the
• lakeshore setback. The location does not appear
to conflict with any neighbor's views of the
� lake. ihe variances requested are for lot area
� (16, 800 sq. ft. actual vs. 43,560 sq. ft. required
equals 26,760 sq. ft. variance, 61a) and lot
� width (110 ft. actual vs. 140 ft. required
equals 30 fto variance, 21�) .
•
Planning Commission I,�eeting - Noveriber 15, 1976
•
Recommended approval of variances because of
� configuration of lot and no additional land is
available and proposed addition would meet required
� '.ot line setbacks.
� Butler moved [�delsh seconded to a
, , pprove the
� variance requests for David Butler, 4658 North
Shore Drive, per the Planning Commission ilinutes
• of November 15, 1976. r�lotion, Ayes (4) - Nays (0) .
•
` Henry Muhich, Building & Zoning Administrator, VARIANCE
stated that Edwin Kuglin, 2314 Shadywood Road, 2314 Shadywood Road
� is requesting approval of adding a garage on his #196
existing property which does not comply with lot Edwin Kt'�'slin
� area and width requirements. He is currently
storing his cars, trailers, etco outdoors. The
r proposed location would require the removal of
• one large tree.
� The proposed location shows only a 5 ft. side
yard setbacko �lhile checking the site, I
� suggested an 8� ft. setback to maintain a
minimum setback of 20 ft. between structures
• on neighboring properties. He agreed to do this.
� The site plan also shows the garage to be 22 ' X 26 ' ,
� but he informed me he would be willing to limit
�the size of the garage to 22 ' X 22 ' . G7ith a
2 ' X 22 ' garage he could maintain an 8' side yard
setback, a 10' setback from his house and a 22 '
� setback from his property line along Olive Avenue.
The present lot is 65' wide and 6,565 sq. ft. in
• area and is located in a 1/2 acre zone. (Continued)
s
�
� ORONO COUNCIL MEETING HELD NOVEMBER 22, 1976 Page 13
� The following variances would be required for VAi2IANCE
�approvals
2314 Shadywood Road
� l, Lot area variance - 15,215 sq. ft. (Continued)
2. Lot width variance - 35 ft.
• 3. Side yard setback - 1� ft.
� 4. Rear yard street setback - 8 ft,
� Planning Commission Meeting - November 15, 1976
� Reconmended approval of above variances as no
additional land is available and changing proposed
i location of garage to meet side yard setback
would result in obstructing rear entry to house.
• Also approved rear yard setback variance as 22 '
� would be adequate for parking off the right of
way and location would provide necessary 10 '
� between structures.
� Butler moved, Welsh seconded, to approve the
variance requests for Edwin Kuglin, 2314 Shady-
• wood Road, per the Planning Commission t�iinutes
of November 15, 1976, subject to side yard setback
� not less than 5 ' . P4otion, Ayes (4) - Nays (0) .
•
� Henry Muhich, Building & Zoning Administrator, VARIANCE
tated that Curt Jenson, 2700 Ethel Avenue, is 2700 Ethel Avenue
� requesting a lot area and side yard setback for #�197
an addition on a non-conforming structure, Although Curt Jenson
� this lot is wide enough, it is still substandard
as it does not meet the minimum 1/2 acre (21,780 sq.
� ft. ) area. This lot is only 15,000 sq. fte in
� area. The existing structure is non-conforming
in that it does not meet the front yard setback
� requirer�lents of 30 ' and side yard setback require-
ment of 10 ' 0
�
1�Zr. Jenson is requesting approval for an addition
� to this existing structure. The proposed addition
would have no effect on the front yard setback.
� The addition would, however, maintain the same
� 2, 8 ' side yard setback. Therefore, two variances
would be necessary:
•
l. Structure addition to a lot that is 6, 780 sq,
• fte too small in area.
• 2. T-iaintain 2. 8 ft, side yard setback which is
7.2 ft. short of required 10 fte setback.
� The house to the north is located 35 ft, from
� the Jenson structure which is adequate from the
�fety standpoint if the alley is never vacated
r any other additions. To open this alley for
use would require the removal of about four
i large trees in the alleyway. (Continued)
•
•
�
� ORONO COUNCIL MEETING HELD NOVEMBER 22, 1976 Page 14
� Our plat map shows these two lots as combined, VARIANCE
�ut we should confirm this before taking action. 2700 Ethel Avenue
(Continued)
� Planning Commission Meeting - November 15, 1976
� Recommended approval as proposed addition would
� only be a continuation of existing house linese
Although, the setback from the north lot line
� is only 2, 8 fte , the unimpr•oved platted alley
located between properties would tend to provide
• the necessary distance between structures. The
lot area variance was approved as no adjoining
'� land is available for expansion.
` Butler moved, 6�Ielsh seconded, to approve the
� variance requests for Curt Jenson, 2700 Ethel
Avenue, per the Planning Commission PZinutes of
� November 15, 1976, subject to the combination
of Lots 13 & 14. P•Zotion, Ayes (4) - P1ays (0) .
•
� Henry Muhich, Building & Zoning Administrator, VARIANCE
� stated that Gary Mondale, 1965 Country Club Road, 1965 Country Club Road
is requesting approval to add a 24 ' X 30 ° attached #198
� garage to their existing dwelling. They currently Gary P�Iondale
have a tuck-under garage. Since I first saw
� this, I have not been able to contact t:�e I�Iondales
is to what their plans might be concerning the
S existing tunk-under garage. If their plans
� include renovating the existing garage area as
additional living quarters or recreation room,
� I see no big problem here.
� Al1 setback requirements will be met, and there
is no additional land available to increase either
� the lot width or area.
� Planning Commission t�ieeting - November 15, 1976
� Recorunended approval as no additional land is
� available and all setback requirements for the
proposed addition would be met.
�
Welsh moved, Butler seconded, to approve the
�' variance request for Gary Mondale, 1965 Country
. Club Road, per the Planning Commission P�iinutes
of November 15, 1976. r�otion, Ayes (4) - Nays (0) ,
•
� Henry Muhich, Building & Zoning Administrator, VARIANCE
stated that Richard ICeaveny, 3425 Shoreline Drive, 3425 Shoreline Drive
• will be moving his drug store into the building #204
�rom which the Super Valu Store is now vacating, Richard Keaveny
lhe identification pylon sign currently being
� used by Super Valu is larger than permitted by
our ordinance and also encroaching the front
� yard setback requiremento (Continued)
!
�.
� ORONO COUNCIL P4EETING HELD NOVEt�IBER 22, 1976 Page 15
� He is re uestin a g
q g pproval to use the existin VARIANCE
�ign. He has agreed to remove the lower 64 sq. 3425 Shoreline Drive
to from the existing pylon and use only the (Continued)
� 108 sq. ft. at the top. Ordinance 83.032
limits the perr�itted size to 100 sq. ft.
•
. Planning Commission P�Ieeting - November 15, 1976
+ Recommended approval subject to removal of
existing lower 64 sq. ft. between posts.
� Also requested stone planter be removed from
parking lot. Suggested Public Works Department
• continue previous investigation of removal of
stone planter and erection of bus slielter at
� same locatione
� tiaelsh moved, nutler seconded to a
, pprove the
� variance request for Richard Keaveny, 3425 Shore-
line Drive, per the Planning Commission P2inutes
t of November 15, 1976. Motion, Ayes (4) - Nays (0) .
i
• Henry l�uhich, Building & Zoning Administrator, HOLIDAY STATION STORES
stated that Holiday Stores were notified of 3340 Shoreline Drive
tonight's Council meeting and requested this #162
+ matter be tabled until December 13, 1976.
•
utler moved, r4assengale seconded, that the
S request for the Holiday Station Stores, 3340
Shoreline Drive, be tabled until December 13,
• 1976, AZotion, Ayes (4) - Nays (0) o
•
� Henry T•iuhich, Building & Zoning Administrator, STATUS REPORTS
reviewed the preliminary subdivision for Steve
� Wallack (T.��Z.G. Corp. ) , 4140 Sixth Avenue North;
conditional use permit for grading and filling
• for Robert Solie, 1085 North Arm Drive; variance
for �9arren Ortenblado 2799 Casco Point Road;
� preliminary subdivision for Victoria Grain
� E:�change (Brauer & Associates) , North Arm Drive;
t�Tarina Licenses; 1976-1977 season license for
� Ski Tonka, 4680 Bayside Road; and sewer construction
ior Herrick Circle property,
r
� i'ize City Council instructed Henry Muhich, Building CODJDITIONAL USE PER�.ti1IT
& Zoning Administrator, to complete staff findings 3445 Bayside Road
� and report at a later date for the request of #201
� James McCleary, 3445 Bayside Road, for a conditional Jame P1cClear.y
use permito
r
�ssengale moved, Welsh seconded, that the next CHANGE ME�TING PLACE
regular Council meeting, 7:00 P.PZ. , December 13, Center East
� 1976, be held at Center East, newly restored
T�iinnetonka Center of Arts & Education building,
� located at 2180 North Shore Drive. i�lotion,
• Ayes (4) - Nays (0) .
�
� ORONO COUNCIL MEETING HELD NOVEMBER 22, 1976 Page 16
� t�Iassengal,e moved, Paurus seconded, to eliminate ELIMINATE COUNCIL P�iEETING
�the Council meeting of December 27, 1976. AZotion,
1yes (4) - Nays (0) .
•
�! Paurus moved, Butler seconded, to instruct Dick ROBERT L. SEARL�S DAY
Benson, City Administrator, to submit a resolution
� to the City Council at their December 13, 1976
� meeting designating Robert L. Searles Day,
January 150 1977. r�Zotion, Ayes (4) - Nays (0) .
•
� c�lelsh moved, Butler seconded, to adopt Resolution RESOLUTION #731
#731, a resolution commiting funds not to exceed Searles ' Day Funds
• $1,200 for a Tieritorious Service Award and otiier
� necessary items for a Robert L. Searles Day in
honor of P�layor Searles' 22 years of declicated
� service to the City of_ Orono, Tiotion, Ayes (4) -
IJays (0) ,
•
� DicY. Benson, City Administrator, stated that in NAVARRE BUS SHELTER
T2ay, 1976, the City Council passed a resolution
� to request the I�Tetropolitan Transit Commission to
� install a bus shelter at Navarre. Since then,
we have been in contact with the T-I.T.C. to
�deterMine �vhen Orono would be assured of when to
xpect this to transpire,
•
If someone would have dropped off the list this
• year, we would have been assured of a shelter
at Tyra�s on #�15 before December 31, 1976. It
� appears now that there are no vacancies and Orono
� will be definitely included in next year's program.
•
�ick Benson, City Administrator, stated that as of SERGEANT APPOINTMENT
S September 24, 1976 when a statement of need
stating the reasons for requiring an additional
r sergeant was documented, the City commenced with
� inviting applications from officers within the
Police Department with l� years of experience
� or more to apply. Deadline was October 120 1976
at 4s30 P,T7. The application requested pertinent
� data to training, formal schools, etc,
• Phase I. Un October 210 1976, a psychological
• test was adMinistered to four appZicants. This
test was the P�innesota P�iulti-Phasic Test, a work
� performance test, and an intelligence test. The
applicants wereo Gary Cheswick, Charles Courtney,
� James Franklin, and John Jensen. This test c�as
�dministered by A�r. Pqark Orich of the I�dinnetonka
Iental Health Center. (Continued)
�
�
�
�.
� ORONO COUNCIL MEETING HELD NOVEPZBER 22, 1976 Page 17
� Phase II. On October 28, 1976, an inbasket SERGEANT APPOINTMEDIT
�exercise was held with the four applicants. (Continued)
his test, which was administered by �qr. Ronald
� Pavlock, Assistant Public Safety Director,
Golden Valley, involved problems that tested
� judgment, priorities, and leadership.
� Phase III. On rdovember 4, 1976, a group discussion
� was held with all four applicants. The raters were:
Marge Gasch, Orono School Board; James Horning,
� an Orono Attorney; and Mark Orth, Lake r�innetonka
Mental Health Center. This test was administered
� by P�Zr. Ronald Pavlock and was a leader-less
discussion to test group, oral and facilitator
'� skills.
� Phase IV. During the week of iQovember 11, 1976,
� peer rating was performed by each man and the
present Sergeant Burmastero These were administer-
� ed by the Chief, Mr. Mel Kilbo.
• Phase V. Saturday, November 13, 1976, an oral
, interview was held with all four candidates
present. The oral board consisted of rir. Howard
� i�?eagher, an Orono resident; 17r. Kenneth Bentfield
and iZr. Rick Engh, both members of the Bureau of
�Criminal Apprehensiono The oral board tested all
our candidates on oral presentation and did not
• use any nrevious testing or personnel file data
in raaking their ratings.
•
� T�ir. Ronald Pavlock was present during the oral
proceedings but did not score this particular
� phase, Mr, Pavlock tabulated all scores of the
testing procedures to arrive at a final ratinge
•
Each candidate was on an equal basis throughout
• the entire testing procedure. The reason for
the lengthy procedure was to be as fair as one
� could possibly be when promoting, a person from
� within the department. The concensus of all
candidates and raters was all evaluations were
� based on a persons skills and performance during
these procedurese
•
The Sergeant Test outcome has been posted and
� submitted to each applicant.
� A7r. Franklin has been well received by .all
� participants.
� tionday, Nov�mber 15, 1976, Officer Franklin
�as commended for his extreme interest and
uccess throughout the process and was appointed
e f fective November 15, 1976 to the position of
� sergeanto (Continued)
•
•
�. � .
� ORONO COUNCIL P4EETING HELD NOVEtfIBER 22, 1976 Page 18
� Butler moved, Paurus seconded, to appoint Officer APPOINT SERGEANT
�James Franklin to Sergeant with his salary James Franklin
ncreased from $1,244.25 to $1, 356.00 per month
� effective November 15, 1976, P�Iotion, Ayes (4) -
PJays (0) .
�
� ���elsh moved, Butler seconded, t� approve the HECO AGREENIENT
Hennepin Emergency Communications Organization,
� (HECO) agreement which establishes the 911
� ernergency telephone number. Motion, Ayes (4) -
r�ays (0) .
•
� tJelsh moved, Butler seconded, to adopt Resolution RESOLUTION �732
#�732, A Resolution To Amend Resolution #686 HECO
� Authorizing Participation In Joint And Cooperative
• Agreement In Hennepin Emergency Communication
Or��anizatione Iiotion, Ayes (4) - Nays (0) .
�
� Welsh moved, Butler seconded, to appoint Dick APPOINTT�IENTS - HECO
Benson, City Administrator, Director, and t�elvin
• I:ilbo, Chief of Police,as assistant Director to
� HECOe iiotion, Ayes (4) - Nays (0) e
ic}c Benson, City Administrator, reviewed a SUP�T��ARY OF P.ECEIPTS etc,
� ummary of Receipts, Disbursements, and Balances October
for the month of October, 1976.
•
• Uick Benson, City Administrator, informed the TRANSFER
City Council that a transfer of $10,000 be made
� from the General Fund to the Equipment Outlay '.
� Fund as per Resolution #500a The monies were
budgeted for this year as part of the Contingency
� in the General Fund,
• Paurus moved, Butler seconded, ta approve the
transfer of $l0,OQ0 from the General Fund to
� the Equi�ment Outlay Fund. P�otion, Ayes (4) -
` Nays (Oj .
� Dick Benson, City Administrator, informed the LUCE LINE TRAIL
� City Council that on November 12, 1976, a meeting
t�ith Department of Natural R�sources officials,
� �1ike Grupa and area supervisor, John Vadnails,
prosecuting attorney, Fritz Brown and P�iarc Whitehead,
� was held at the City Council chambers to discuss
� the DNR trail (Luce Line) and its impact on the
�rea in relationship to lack of control in the
rea of regulations and law enforcement. (Continued)
�
•
•
�
� ORONO COUNCIL P�EETING HELD NOVEP�BER 22, 1976 Page 19
� The trail, on September 17, 1976, was officially LUCE LINE TRAIL
�designated a snowmobile trail. In definitions (Continued)
11 vehicles are forbidden east of the Stubb�
� Bay Road. There are no curfews or spe�d limits
on the traile Trapping and bow and arrow huht�ng
• are allowed in season, There is a definite
• conflict in the DNR rules and State 1aw. C�e,
in Orono, receive many complaints. Di�turbance
� late at night, which raises concerns in the �r�a
of thefts and vandalism, The DNR states they
� do not have manpower to �atrol the trail nor do
they anticipate sufficient manpower in the future.
�
Complaints concerning the trail should be forwarded
• to the t�ails coordinator in St. Paul. Other
� throughntheaHighwayuPatrolC�546n2491candnDNRd
� personnel will be notified.
� DIr. ��hitehead, through his office, stated that
he is working on a revision of the present rules
• and commission's orders that will require the
DNR to coordinate their efforts and live up to
r agreements that were discussed when the trail
� was being negotiated a few years ago.
�ick �enson, City Administrator, informed the DNR TAX DELINQUENT
� City Council that in 1973, a piece of property PROPERTY
located at Stubbs Bay and the Luce Line Trail Bederwood Park Area
� contiguous to the Bederwood Park area was
� declared tax delinquent. Apparently at that
time, Orono did not respond or desire the
� property, The State of T�Zinnesota requested
and was granted a deed to the property which
� belongs now to the Department of Natural Resourcese
• ti}ihen .discoverins�' what had transpired, we
requested permission trom the Department of
� TJatural Resources to share this property with
• Orono for the purpose of accommodating a parking
area for residents who will be using Bederwood
� Park for recreation purposes.
�The Department of Natural Resources has agreed to
accommodate Orono by issuing for park purposes
•an interest in that part of Lot 44 lying northwesterly
of a line commencing at a point on the east line
�of SE 4 of NE � of Section 5, Township 117,
�Range 23, distant 128 ' S from the NE corner,
thence northwesterly 298e80 ' to the N line of
� said SE � of T1E � at a point distant 270' W from
�e NE corner thereof, thence to point of the
eginning. (Continued)
�
�
�
�
� ORONO COUNCIL NIEETING HELD NOVEMBER 22 , 1976 Page 20
� Paurus moved, Butler seconded, to accept the DNR TAX DELINQUENT
�ece of property located at Stubbs IIay and PROPERTY
ie Luce Line Trail contiguous to the Bederwood Luce Line Trail
� Park area from the Department of Natural Resources, (Continued)
subject to a legal review. P�totion, Ayes (4) -
• Nays (0) e
•
� Butler moved, Paurus seconded, to approve the GOLF COURSE rZANAGER
Golf Course Clubhouse Manager Agreement with Doug Erickson
� Doug Erickson. Idotion, Ayes (4) - Nays (0) .
•
Dick Benson, City Administrator, informed the SALARY INCREASE
� City Council that Barbara Ewald, Building & Barbara Ewald
Zoning Secretary, joined us June 14, 1976 and
* will have completed her six month probationary
� period December 14, 1976.
� Barbara has been an exceptional employee, willing
to extend a helping hand in all phases of the
• City operation while doing a superb job in all
� zoning matters.
� I recommend ��e waive the six month probationary
period and increase Barbara' s salary from $700
er month to $755 per month, effective Novet:�ber 15,
�76,
•
Paurus mo�ed, Welsh seconded, to approve the
• salary increase for Barbara Ewald, Building &
� Zoning Secretary, from $700 per month to $755
per month, effective November 15, 1976 as
,previously discussed. P�lotion, Ayes (4) - Nays (0) .
•
Dick Benson, City Administrator, informed the TRAFFIC SIGNAL
•City Council that Orono has extended the deadline #12 & Old Crystal Bay Road
to complete the installation of the warning
� flashing light at Highway #12 and the Orono High
�School many times.
r There is no question that the contractor can
complete the project without further extensions
�and I recommend we do nat further extend the
completion date and request without further delay
�a finalization of their commitment.
r The engineer has been notified to inform the
�responsible parties to either perform and complete
their obligation by November 22, 1976 or appear
�before the City Council to explain their intentions.
� (Cont intted)
•
i
•
S. .
f ORONO COUNCIL MEETING HELD NOVEMBER 22, 1976 Page 21
� I�r. Travis Smith, representing the Contractor, TRAFFIC SIGNAL
�gan �4cKay Electrical Contractors, stated that #12 & Old Crystal Bay Rd.
e understood the contract and agreed with its (Con�inued)
� terms but could not complete his commitment until
his supplier shipped the signal parts to him.
• Greg Frank, City Engineer, reviewed previous
• extensions stating that the Contractor for the
school light project, Egan McKay, requested by
� telephone that a time expension be granted for
the completion of this project. According to
� the contract documents, all work was to be
completed by August 15, 1976. The basis for the
� time extension is that the Contractor has experienced
delays in receiving electrical equipment necessary
• for the project completion. Once the equipment
• is available to the Contractor, final project
completion would require one additional day of
� work.
� We have requested that the Contractor submit a
�•aritten request for a time extension, including
• the reasons for the request.
r Our recommendation to the City is to defer action
until that time at which the request is received,
� which shoi�ld be within a we�k. The Contractor
�has performed all work to date in a satisfactory
anner.
•
On September 27, 1976, the City Council moved
• to extend the completion date for the traffic
. signal at Highway #12 and Old Crystal Bay Road
to November 5, 1976, conditioned on all additional
` administrative, engineering and related costs �o
be borne by Egan PScKay Electrical Contractors.
�
On rdovember 8, 1976, the City Council moved to
� extend the completion date to Egan P�icKay Electrical
Contractors, to November 22, 1976, for installation
• of traffic signal at Iiighway #12 and Old Crystal
Bay Road, subject to all additional costs to be
� borne by the Contractor.
� Paurus moved, Butler seconded, to extend to December 6,
� 1976, the completion date to Egan TicKay Electrical
Contractors, for the traffic signal at #12 and Old
� Crystal Bay Road, , subject to all costs and l�iquidated
` damages being borne by the Contractor and notifying
them of such. 1�2otion, Ayes (4) - Nays (0) o
•
� P�Zr. Greg Frank, City Engineer, reviewed easements SUPER VALU EASEMENTS
�equired at the Super Valu Store located at
333 Shoreline Drive, for utilities and right of
• entries> (Continued)
•
•
� � .
� ORONO COUNCIL MEETING HELD NOVEMBER 22, 1976 Page 22
� Butler moved, Paurus sec�onded, to instruct the SUPER VALU EASEPHENTS
�City Engineer to prepare all proper documents (Continued)
ecessary to expedite the required easements with
� all costs being borne by Super Valu Store and
subject to legal review. P�otion, Ayes (4) - Nays (0) .
�
� Paurus moved, Welsh seconded, that the following LICENSE
� license be approved: Motion, Ayes (4) - Nays (0) .
� Dependable Plumbing - Plumber
•
At this time, Acting Mayor Walter Massengale MAYOR'S OATH OF OFFICE
• relinquished his chair to Mr, W. B. Van Nest to
• receive the P•�ayor's Oath of Office. Dick Benson,
City Administrator, administered the following:
� I, �ailliam Bradley Van Nest, do solomnly swear and
� affirm that I will support the constitution of the
United States and of the State of Minnesota, and
• faithfully discharge the duties of the office of
• P�ayor of the City of Orono in the County of Hennepin
and State of Minnesota, to the best of my judgment
� and ability. So help me God.
ayor Van Nest moved, Butler seconded, that the BILLS
11 Funds Accounts 4126 through 4165, 4166 through
4213, 19423 through 19458 and Liquor Store Accounts
• 11621 through 11649, be paid. l�Zotion, Ayes (5) -
� Nays (0) .
� T�ayor Van Nest moved, Butler seconded, that the ADJOURNMENT
` meeting be adj.ourned at 10:30 P.M. rsotion,
Ayes (5) - Nays (0) .
•
�
� '
. �/ �� - �
� Wrll�am B. Van Nest, Mayor --
�
• ,� ;/"
�
Attest• �� -
� �
Walt r . Benson, Clerk-Administrator
�
�
�
�
�
�