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HomeMy WebLinkAbout01-24-1977 Council Minutes � { J � CITY OF OROI10 i Regular Meeting of the Orono Council, 7 :00 P.P�Z. ��.nuary 24, 1977 • The Orono Council met on the above date with the following members presenta T�ayor Van Pdest, � Councilrnembers Butler, T�assengale, Paurus and t^7elsli, Also presents City Administrator Benson, � I3uilding & Zoninc� Administrator Iiuhich, City � Attorney P�Talkerson, and City Engineer Frank. � Butler moved, �7elsh seconded, that the iTinutes TIINUTES � of the Regular T�Zeeting of January 10 , 1977, be January I0 , 1977 approved, T�iotion, Ayes (5) - Nays (0) . • � Butler rnoved, i�lelsh seconded, that the Tlinutes P•ZINUTES � of the Public Hearing of January 11, 1977, be January 11, 1977 �pprovede Tlotion, Ayes (5) - Nays (0) . • i�To comments from the Park Commission. PARK COTUIISS20N a No comments from t�ie Iiuman Rights Commission. HUI�I1 RIGHTS CO1�u4ISSION � .I10 cor.,.ments from the Planning Commission. PLAN�dING COP�2IISSION � uncilman Norman Paurus , Orono's representative LAY.E PTINNETONKA � �� the Lake l2innetonka Conservation District, CONSERVATIOT•1 DISTRICT read into the record the following information REPORT �that was discussed at the LP�ZCD meeting o �Contracting Supplemental Police Services on the Police Services �Lar.e with P�Iunicipalities �In view of the fact that any legislative assistance the LP-ICD may receive this season would �robably not ��rovic�e funding before the ��liddle of 1978, the L�ICU has explored another alternative providing •suppler_lental services through municipal police •c'epartments> Legal advice indicates that the District may �contract with the various cities for po].icP �services at a nominal fee. This could cover all law enforcement on the Lake in coordination ��aitii available T�later Patrol activity. r�1 resolution covering such a proposal will be •available at the Board meeting. lLIiCD De-Icing Permit Ordinance De-Icing Permit Li1CD is presently revie�aing and updating Ordinance tneir Ordinance 3.12 De-Icing, which is a permit issued by the LrZCD to allow the use of r►echanical �equipment to keep the ice from freezing in order �to protect a Pro�erty o�aner's permanent dock. (Continued) • � � ORONO COUNCIL I4EETING HELD JANUARY 24, 1977 Page 2 S I explained to the LMCD our problem with the LA�CD REPORT de-icing permits in Orono that are being used De-Icing Ordinance r purposes of keeping the ice out to alZow (Continued) � he harboring and feeding of d�cks. I suggested to the Lt�iCD that during their revie�r� procedure � some modification be made to the ordinan�e that would specifically exclude de-icing permits for � the purposes of feeding and harboring dizcks during the winter months. • The LT�lCD felt that this was a good idea, and they � requested us to provide, in writing to them, some � suggested language for inclusion in their redrafted ordinance. • � Henry Muhich, Building & Zoning Administrator, LOT R�ARRANGENIENT stated that Henry Skarp, 1�45 Tr�est Ferndale Road, 1045 i�lest Ferndale Road • is requesting approval of a lot rearrangement #218 to regain 4-6 ' of the Rovick property which was Henry Skarp i originally his. Iie lost this through torrensing a procedures by rsr, TlcCaffrey at the time Council a�proved the division of RLS #1372. � At the time Council approved this subdivision, �they did not insist on mylars and harc�shells so we had no certified property descri�tions - only � '-etches. However, once Council approved this bdivision as described, ILr. McCaffrey torrensed �the property. T�r. Skarp missed the court hearing �notice of publication relating to the torrensing of the adjoining property. Little did he know �that the ne�� property description v�as moved east- ward from 4 to 6 feet. His west lot line now ♦runs right through his housee �T•Zr. Skarp has been very fortunate in havinc� such a cooperative new neighbor (Mr. & r4rs. Odd Rovick) �howevere They have agreed to convey this strip �of property back to AZr. SYarp, �The Rovick's attorney, John Carroll, has assured me he would submit a statement from the Rovicks �agreeing to convey the property as clescribed in •the lettero �I am enclosing a copy of an earlier memo I sent to Council in regard to the P�IcCaffrey property �t 1065 West Ferndale Roade I do not think this error would have occurred if the proper documents �aere submitted at the time the application for :he subdivision of RLS #1372 was made. �lic Hearing - January 17, 1977 %�Ir. Skarp was present. Although notices c,rere �ent out as required, there was no objection rom anyone in attendance, PZanning Comr.iission ecommended approval of lot rearrangement as �ubmitted. (Continued) � ORONO COUNCIL NIEETING HELD JANUARY 24 , 1977 Page 3 � S Massengale moved, Butler seconded, to adopt RESOLUTION #746 Resolution #746 , a resolution for a lot rearrange- 1045 West Ferndale Roa � ment for Henry Skarp, 1045 West Ferndale Road, (Continued) per the Planning Commission P�inutes of January 17, � 1977. Motion, Ayes (5) - Nays (0) . � Henry P�uhich, Building & Zoning Administrator, CONDITIONAL USE PERMIT � stated that the current status and effects on 3445 Bayside Road the community through continuation of all #201 � previous uses for the Stubbs Bay biarina, JaMes James McCleary • McCleary, 3445 Bayside Road, are as follows: • l. This property is zoned B-2 Lakeshore Com- mercial. � 2. Permitted uses in B-2 zone do not include restaurant operation. � 3. Conditional uses in B-2 zone do not include restaurant operation. � 4. Previous food service operation was a non- • conforming use which was started before our latest zoning ordinances went into effect. � S. Soup and sandwich operation was permitted by conditional use permit as a further restriction � of the legal non-conforriing use for food services. 6. November 16 , 1976 , fire destroyed part of � building occupied by restaurant. 7. Tax records on file show value of structure � at $2, 600. � 8. Restoring non-conforming use is not permitted in Orono if damage exceeds 750 of recorded � value. State Building Code specifies 50% value added as a figure in determining a new � structure. 9. t�ith the tax records showing a value of $2 , 600, � any addition or restoration �xceeding a value • of $1, 950 would constitute a new proposal even by local standa�rds. � 10. The request to continue this restaurant operation here is, therefore, not permitted by code either � as a permitted or conditional use. 11. Owner could pursue continuation of operation � by alternate methods: a. Rezoning � b. Ar,tending Zoning Code � 12. Following problems could result from establishing food service as a permitted use: � a. Similar applications in this area and others would increase hardcover. � b. Possibility of expanc�ing use of adjoining properties for multiple dwellings. � c. Expanded operation would require improving • corridors - highways and access to them � (wider and more hardcover) . d. Improved corridors result in nore use and riore police services for safety purposes. � e. Expanded use resulting from rezoning could set a precedence for similar requests in � areas continuing along County Road #84. (Continued) s � � ORONO COUNCIL r�ETIYdG HELD JANUARY 24, 1977 Page 4 � f. Precedence could result in property owners CONDITIOrJAL USE PERP7I"' � wlio e�ere previously denied requesting re- 3445 Bayside Road evaluation. (Continued) � g. Properties recently rezoned from B-2 to LR-1C-1 requesting return to original � zoning, . h, Request for extension of hours of operation beyond 10 s 00 P.T�. � 13. It has been established that the current private residential on-site sewage disposal systens � in this area have created a pxoblem. t^Ie are now in the process of having an engineering � study made to try to resolve these problemso An eypanded use in the area will result in � expanded sec��er disposal systems. • l�, The area immediately surrounding the Stuhbs Bay �iarina is zoned 2 acre residential. The � area located less than 2,000 ft. west ot the marina is zoned 5 acre residential. A � reaidence is charged with one sewer charge both by our standards and l�ietro tiaaste Commission. � A restaurant, ho�aever, is assessed a SAC charge • at a ratio of 1 SAC unit per eight seats in the establishment. This gives some relationship � to the extent of_ secver requirenents between restaurants and single family dwellings. � �cidentially, the entire parcel on which Stubbs � :�ay Tiarina is located does not exceed 2 acreso w �lanning Commission Tseeting - Januar_y 17, 1977 � Reviewed Zoning Admiriistrator°s reporte Expressed � agreement. Reconunended Council direct other aepartments prepare staff reports to support � resolution of denial to be drafted by City Attorneyo • 1-Tayor Brad Van Nest cor.�mented that he has reviewed the entire matter: 75b of value carried on the tax � booY.s was destroyed by fire, the marina has been operating under a legal non-conforming use which �was lost when the building was destroyed by firee � Paurus moved, t°delsh seconded, to instruct staff to � draft resolution incorporating all Planning Commission and staff reports for Planning Commission review and � eventual Council review. Mot?on, Ayes (5) - Nays (0) . � �iienry T�Zuhich, Building & Zoning Administrator, LOT REARRANGETZEDIT stated that the Andersons and Veda are prepared to 500 North Arm Drive ���urchase a small portion of the Boeye property #12S �ot 2) , 500 North Arm Drive, for access to the Boeye-Andersan-Veda ke if the proposed subdivision {lot rearrangement) is approved. The channel on the north end of •Tlorth Arm separates this sriall portion from the •main portion of the Boeye property. (Continued) • . � ORONO COUNCIL MEETING HELD JANUARY 24 , 1977 Page 5 • This lot rearrangerient proposal would provide LOT REARRANGEPiENT � each parcel with lakeshore on which they could 500 North Arm Drive add code conforming docks. (Accessory structures (Continued) � permitted on parcels with principle structures. ) � This request is for preliminary approval only. • The final hardshells and mylars will be submitted upon receipt of preliminary approval. A park � dedication fee would not be required here as there would be no increase in building sites. � � Public Hearing - June 21, 1976 � � Planning Commission recommends approval of lot rearrangement subject to resolving location and � direction of future docks so as not to interfere with existing docks on adjacen t properties. � Council Meeting - June 28 , 1976 e • Approved preliminary subdivision and lot rearran�e- ment as per Planning Commission' s recorunendations � and subject to final �lat approval. � Staff - January 11, 1977 � Applicant has subrnitted final mylars and hardshells. I am enclosing copies of both for reference. This � is more a lot rearrangement than a division so the � park dedication fee could be waived. � tide should reaffirm our concern for existing and future docks whether it be by written agreement � between all neighboring parties or by indicating proposed location on survey by denoting setback � dimensions from lot lines or other markers. � Planning Commission Meeti,ng - January 17 , 1977 ' � Recommended approval with condition that approval ` of plat does not indicate approval of docks. � Welsh moved, Paurus seconded, to adopt Resolution RESOLUTION #747- � #747, a resolution for a lot rearrangernent for North Arm Estates - Boeye-Anderson-Veda, 500 North Arm Drive, subject Third Addition . to approval of this plat does not include approval 500 NOrth Arm Drive of docks. r2otion, Ayes (5) - Nays (0) . � • � Henry r�uhich, Buildinc� & Zoning Administrator, LAND DONATIOPd stated that the subdivision and proposed land 2645 Watertown Road � grant for William Dickey, 2645 Watertown Road, #212 for projected conveyance for DNR use is related William Dickey Subdiv. � to the Dickey subdivision which Council approved on January 10 , 1977 (Continued) � � r � � ORONO COUNCIL P�iEET2NG HELD JANUARY 24, 1977 Page 6 f When the proposal was first submitted, t�lr, Dickey LAND DONATION indicated that Ann 1Viforopulos, the projected 2645 6aatertown Road �rchaser of the south 34 plus acre parcel, �aas (Continued) onsidering dor�ating approximately 18 acres along the Luce Line Trail to the DNR. This 18 acres � is indicated on the enclosed aerial plat map. � I brought this to the attention of both the Planning Commission and Council as I realize the � inportance of the issue. I also requested some information fror.l the DNR as to the projected use ` of this land. I felt the Council wanted some clarification as to the extent of use - present � and future. I am enclosing one letter from � Craig T•5itchell of the DNR somewhat eYplaining the proposed use of the property. • This projected gift proposal would be another ♦ addition to our many government owned properties ��hich produce no tax revenuee The projected � recreational use might, however, necessitate � municipal services (Police & Fire protection) . � t��1e are in the process of preparing a City map ���hich will indicate all tax free lands in Orono, • T�Ir. Alan Olsono Assistant Building & Zoning - -�ministrator, displayed a map which v�as prepared ,� staff indicating all tax exemPt land in Orono. iiayor Brad Van Nest commented that it is obvious � by reviewing this map that Orono has to develop standards which will determine uses, sizes and � locations for publicly owned land. It does appear �hat Orono has more land off the tax rolls than � land that will generate revenues in the ensuing • years. � �=:assengale moved, Paurus seconded, to refer to �che Planning Conlmission and Park Commission for � reviewal of Potential conflicts in uses, loss of revenues and other ramifications. AZotion, Ayes (5) - � i�Tays (0) o • Henry Isuhich, Building & Zoning Administrator, SIBWELL SEWER STATUc � informed the City Council of the Sidwell sewer 1375 Park Drive � charges status for the Sidwell subdivision at #�120 1375 Park Drive, stating that it appears we � have three stubs which could service the �roperty, but only one unit charge as noted in previous •memos. �rcel 1065 as assessedo l Unit charge $1,270.00 � 1 Connection charge 225.00 (Contin.ued� � � ORONO COUNCIL MEETIDIG HELD JANUARY 24, 1977 Page 7 f Parcel 1510 was assessed: SIDV�ELL SEL�lER STATUS �teral footage charge @ $7. 80/fte = $1,560.00 1375 Park Drive he lateral charge must be based on a 200 ' line. ) (Continued) If we do approve the division to provide the � Sidwells with a second building site, I would � recommend we assess and collect a secon� unit cha�ge of $1,270.00 and connection charge of � $225. 00. � January 19, 1977 � Called T�irs, Sidwell at 3e 15 P.Pg. informed her of assessment status, Explained to her that if �Council did approve the second building site, �another unit and connection charge would have to be Paid before signatures are on resolution � ($1,270 + $225 = $1,495 total charge due) . �She expressed some concern but said she would inform her husband. I told her the see�er status �subject would be brought to Council at the next �meeting, January 24, 1977. �Did a little more checking of records. T am attaching copies of minutes of public aring held June 8, 1976 and Sidwell sub- division application made back in 1974. Both these documents indicate that claim was made that �two sewer assessments were levied on propertye �1974 application definitely states two assessments �and the June 8, 1976 minutes show that this was mentioned during the public hearing. � i�iayor Brad Van Nest commented that the two lots 'are substandard in area and width. The City made �the decision to approve the subdivision based upon two sewer units being assessed. It appears �tliat the facts as presented were in erroro P4ayor Van Pdest continued by stating that City policy has �been not to approve substandard lots. It appears the applicant signed the original application sta�ing that there were two assessable sewer units when, in fact at that time, there was only one unit �assessed> Since the resolution has not been signed �nd park dedication fees have not been paid, the Council should move to reconsider the previous �lecision to approve the subdivision. ?aurus moved, Massengale seconded, to reconsider RF;CO21SIDER I�OTIO"T motion for the subdivision of James Sid�vell, 75 Park Drive. i4otion, Ayes (5) - I1ays (0) , (Continued) � � ORONO COUIICIL P�iEETING HELD JANUARY 24 , 1977 Page 8 � 1�Sr. Sidwell cornmented to the City Council that RECONSIDER MOTION this subdivision was started 2� years ago. 1375 Park Drive �e information on the two sewer assessrlents for (Continued) oth pieces of property was obtained from rZr. Dexter P�arston and P2r. I�iike Scheller. Both ` pieces of property have been sold and ali taxes and special assessments have been paid. Mr. � Sid�aell stated that his tax statements showed that the two sewer units were being assessed. a It was noted by the Council that the tax statements TIr. Sidwell showed did not indicate that a sewer unit was assessed to each lot, Paurus moved, t�assengale seconded, to refer to the Planning Commission the subdivision request of James Sidwell, 1375 Park Drive, and enter � it on the agenda for the next Council meeting, February 14, 1977, P7otion, Ayes (5) - Nays (0) . Henry Muhich, Building & Zoning Administrator, SE�^�ER ASSESSMENTS , informed the City Council of the sewer assessments 4735 Tonkaview Avenue of the T. Kenneth and Sandra Rud property, 4735 T. Kenneth Rud � Tonkaview Avenue. P•�emo to Dick Benson - January 20, 1977 �is is in response to your directive of January 18, �977, regarding attorney Carl Larson's letter to you on January 6, 1977, I have reviewed our � zoning and building records along with the records in the tax and finance departments to unfold the following data: le Property Status � a. Lot 3 & 4 , Block l, or Parce].s 607 & 809 , Plat 42000 have been combined into one � parcel (#0615) a Contains a residence, b. Lots 3 & 4, Block 4, or Parcels 5400 & 5600, � Plat 42000 have been combined into one parcel (#5425) - vacant lands • c, Previously platted Park Avenue lying between � these prope�ties was vacated on July 27 , 1936. d. LVith the additional area frori this vacated street, each lot consists of an area of from 28,000 to 31,000 sq. ft. � 2o Sewer Assessment Statuso � Plat Parcel � 42000 0607 �riginal Assessment 635.00 - 1/2 Unit • 4I8.08 - 53e6 fta at $7o80/ft. 112. 50 - 1/2 Connection Charge $1,165.58 - Total Assessment (Continued} OROT10 COUNCIL P•2EETING HELD JANUARY 24, 1977 Page 9 Plat Parcel �2000 0809 EL�TF�R ASSES$±'•1ED1TS 735 Tonkaview Avenue Uriginal Assessment (Continued) ` $ 635. 00 - 1/2 Unit 475e80 - 61 ft. at $7. 80/ft. 112.50 - 1/2 Connection Charge � $1,223. 30 - Total Assessment Plat Parcel 42000 5400 Original Assessment ! $ 635 0 00 - I./2 Unit 424. 32 - 54,4 ft, at $7m80/ft. 0 - Connection Charge $1,059, 32 - Total Assessment � Plat Parcel 42000 5600 ' Original Assessment $ 635.00 - 1/2 Unit ' ��22, 76 - 5402 Ft. at $7. 80/ft. 0 - Connection Charge , $1,�57. 76 - Total Assessment 1�s I noted earlier, Parcels 607 & 809 have been cornl�ined as one parcel, #�615. Parcels 5400 & 5600 have been combined as one parcel, #4525. �ach original parcel ��as assessed for 1/2 unit so the ,` total four lots were assessed for two units as t�•�o building sites. � The assessments have not been paid up as yet. � After the tax due in 1977 has been paid, the , following balance ���ill remain unpaide 42000 - 0615 � $2, 388088 - $170.63 X 6 or ($1,023>78) _ $2, 365,10 42000 - 5424 $2,117,08 - $151. 22 X 6 or ($907. 32) _ $1,209. 76 The property otaner has an option hereo He could � combine all narcels for a total area ot about 60,000 sq. fto and request waiver of one unit charge which is $1,270.00, or he could apply for a lot area and width variance to use the second �rcel as a building site (connection charge would forthcoming if variance were granted) . i-iayor Van P1est moved, riassengale seconded, to grant an abatement of one unit charge, subject to combining all parcels, and subject to approval of legal department. P�iotion, Ayes (5) - Nays (0) . � URONO COUNCIL A4EETING HELD JANUARY 24, 197? Page 10 Henry Muhich, Building & Zoning Administrator, STATUS REPORTS informed the City Council that the following �tems were being reviewed by the Planning ommission for Council action at a later datea Navarre Area Rezoning; Steve Vlallack (T.DI,G. Corp, ) 4100 Sixth Avenue North, subdivision; S' T�Irs, Robert Gasch, 1030 Tonkawa Road, variance; Victoria Grain Company, 500 North Arm Drive, subdivision & dredging; Jack Rhode, 1410 Bohns ` Point Road, variance & conditional use permit; Robert Birkeland, 1298 6Vildhurst Trail, wetlandS uariance and dredging permit; 6ailliam Gregory, 1410 Shoreline Drive, vacation and extension of Brackett AvE ue; Ruth Wear Estateso 2901 i�latertown Road, subdivision. � Dick Benson, City Administrator, informed the PRECINCT BOUNDARIES City Council that ���rs, Eileen Barr of the State Planning Agency, was to be here this evening to answer questions that Council might have relating to the pro�osed precinct change. The � State proposal does not simplify ta}cing the census by precincts. It appears that the present � boundaries would assure us of an accurate census, r�Zayor Van Nest requested that this matter be tabled until a later date. T-ir. Gerald Beach, City Forester discussed 1976 Dutch Elm Program by stating that withtthe DUTCH ELM REPORT early season heat, it appeared that the elm disease incidence would zoom to an extremely high figure, but it tapered off the last part `,of the season. Even so, there was an increase from lII4 diseased elms in 1975 to 529 in 1976, �►which represents a 2. 8 times increase. Cooperation was very good in 1976, although 6 registered f letters were sent to non-conforming residents. �'In the heavily wooded areas, there are probably more diseased elms that have been missed. Also, lthere are possibly more than the 118 diseased �trees recorded in the service zone (non-control area) , If the disease increas�s at the same rate in 1977, there will be a total of approximately 1500 diseased elm trees, approximately 3� of the total elm population in Orono. The 1977 Format will be approved the same as 1976 aith two recommended changes. Also, the 1976 �ort has been submitted to the Minnesota Department Agriculture. (Continued) � � � ORONO COUTJCIL RIEETING HELD JANUARY 24, 1977 Page 11 � 1976 Suruey Tabulations DUTCI3 ELi? REPORT �lrn - Oak wood survey (Continued) � - Elm oak wood piles surveyed 191 - notices for remo�zal 18 � lliseased elm trees � Control Zone 411 r Service Zone 118 � Uak trees sampled 11 Diseased Oaks 0 • Tree problem calls other than DED or OW 2 3 � DED or Oak ti°�ilt phone requests � from residents 871 � Total hours in 1976 61II � �Zro Beach further commented that he does encourage program of cutting all elms in August • of any given year which could be burned for domestic uses rather than hauling the wood � to a disPosal site. T-Tre Beach recomnended a elimination of the control zone north of I3ighway #12. The residents would still receive survey and tree marking in their yards, but the orested areas over one acre in size would not • e surveyed. TZr. Beach also recommendecl elimination of all forested areas over one acre � in size from the control zone. The elms have � little or no value in these areas. � Paurus moved, P�iassengale seconded, to ap�rove the above recommenda�ions of 1�1r. Gerald Beach � a� part of the 1977 Program. l�Zotion, Ayes (5) - iJays (0) . • � Dick Benson, City Administrator, informed the RING ROUTE City Council that on May 17, 1976, the City � Council had held a preliminary public hearing on Orono's proposed ring route. The City Council • should decide how they will proceed with a followup policy decision concerning this � preliminary proposal. � The proposal is for a connecting link betu�een the � intersection of Hennepin County Roads �'�19 & �#84 and the intersection of Hennepin County �#6. Mayor • Van Nest suggested that the City hold another • public hearing and again coordinate all efforts �ith Hennepin County and the State Highway epartmento (Continued) • i � � � ORONO COUi3CIL PZEETING HELD JANUARY 24, 1977 Page 12 � PIassengale moved, Butler seconded, to hold a RING ROUTE �uhlic hearing February 28, 1977 at 7a00 P.M. (Continued) the Council Chambers and to officially � notify Hennepin County Highway Department, State Highway Department, Minnetrista, P�ound, • Independ�nce, I�Iinnetonka Beach, and Spring Park of Orono's proposed ring route. i�iotion, � Ayes (5) - Nays (0) . • � Dick Benson, City Administrator, stated that the BID AtJARD City of Orono advertised three successive weeks 1977 Street Tlaterials & � for street materials and equipment rental bids Equipment with bid opening at 10 s 00 A. PZo , rZonday, � January 10, 1977. �The accepted low bids for materials are determined �by availability and location of materials. Traveling distance to a supplier is a considered �cost factor when determining a low bid. �When renting equipment with an oPerator, we are guided by the type, size of equipment, and �hourly rateo �It is possible to award the low bid to more than �one contractor when considering materials and uipment. In order to stimulate enthusiasm ���r the foliowing year°s work, we make sure to divide the work accordingly among these low •bidderse �In the event the 1oH� bidder is not available, the SCity reserves the right to purchase from the next alternate. • I recommend that the Village Council accepts and �a��ards the tabulation of bidders as presented for the calendar year 1977. • Butler moved, Paurus seconded, that the low �bidders as presented on the tabulation sheets �for 1977 Street P•Iaterials and Equipment, be approved, r�Zotion, Ayes (5) - Nays (0) , i �4ayor Van Nest informed the City Council that PLANNIN!� COMMISSION at the Planning Commission last I•�onday night, REORGANIZATION �the question of reorganization and new members �aere discussed at some length. It is the lanning Commission's basic desire to reduce the �size of the Planning Commission from 9 to 7 members. �sently, there are six members on the Planning Corcu:lission. That includes Paul Pesek and Diane �unlap who were reappointed by the Council at :he last meeting, (Continued) • • � OR�I10 COUTdCIL P-IEEmIPIG HELD JAi'VUARY 24, 1977 Page 13 � The Planning Commission is av�are of the list of pLArT2IING COi�-�i1ISSIO�I residents who have expressed an interest in being REORGAi�1IZATIOPI pointed to the Planning Commission. It is their (Continued) commendation, at this time, that the membership � be reduced to seven, and one additional member � fror.l this list of interested residents be appointed to fill the one vacant seat, The Planninc� Commission � is still discussing other items ot reorganization and I am sure will discttss these with us at some • later dateo � I have reviewed the list of applicants which are a listed as followsa � 1. Dick Hassel 2 o Jo Ell.e� Iiurr • �• Thamas Frahm 4. Peggy iJatson � 5. Jason Becl;er � I r�elieve the. above list has the current applications. � There were some other applications in �he file, but they are a�.l at least a year o1d and as far as I � know have ex�ressed no recent desire to be anpointed to the Planriihc� �t�mmission, • t•7elsh mov�cl, Paurus seconded, to aMend the Planning � " �r�unis�ion Ordinance to reduce the size of the nunission from 9 members to 7 members. riotion, �Ayes (5) - ilays (0) . • T�iassengale moved, Welsh seconded, to defer appointment �of an applicant to the existing vacancy on the Planning Conunission until the February 14, 1977, •Council meeting. IZotion, Ayes (5) - itays (0) . • Dick Benson, City Ac'iministrator, informed the City PZARINA LICENSES �Council that all 1977 marina ].icenses will be on �the February 14 , 1977, Council agenda for revie�,� and approvale • •Dick Benson, City Administrator, informed the COP�LIUNITY BLOCK GItA,.'VT City Council that upon reviewing all cor.u�ents PROGRAP2 �and data received at the public hearings, �February 10 & February 11, 1977, concerning the commitr.lents of Community Block Grant Funds, �I recommend the following for the Year III Prograrn: f3ike/Hike Trail Stud_v $ 7,000,00 :n-Site Sewage Disposal Inspection 31,98�. 00 �f� $38,984.00 I��e1sYi moved, Butler seconded, to ap�rove the �Community IIlock Grant Funds in the amount of $38, 984.00 for a I3ike/Hike Trail Study and �n-Site Se�•�age DisposaZ Inspection, per the �above memoo rZotion, Ayes (5) - Nays (0) o (Continueci) � � OROP10 COUNCIL i-IE�TING HELD JANUARY 24, 1977 Page 14 � Butler moved, Glelsh seconded, to adopt Resolution #748, A Resolution Authorizing Submission Of The RESOLUTION #�748 ity Of Orono Grant ApPlication To FIennepin Community �lock Grant � ounty For Inclusion In The Urban Hennepin Program County Community Development Blocl� Grant � Application, In Accord t��ith The Housing And Community Development Act Of 1974, rlotion, • Ayes (5) - iJays (0) . � RESOLUTION #k743 � �JHERLA5, the City of Orono has executed a �oint + powers agreement with Hennepin County thereby agreeing to participate in a Grant A�plication � under the Urban County designation provided for in the Housing and Community Development Act � of 1974y and S �7FiEREAS, a grant a�plication has been prepared � requesting funds to undertake a comraunity development program, including appropriate � citizen participation, goal establishment and irnplementation plans and procec�ures, r id�ti��T, TFiEREFORE, BE I�� RES�LVED that the City � Council, of tlle City of Orono, does herahy �ado��t the proposed Cor:imunity Development Plan d Program and Housing 1�ssistance Plan contained �_.� the attached application for Federal assistance and authorizes submission of said application to �Henne�in County as the Urban County Community Deve3.opment Block Grant ap�licant. • ,i�Iotion, Ayes (5) - Nays (�) . �Dick I3enson, City Administrator, informed the HEZ)I�IEPIPI COUNTY �City Council that he iiad r�vie�aed the letter CRI�IINAL JUSTICE and joint resolution and operational �y-laws �received from the Iiennepin County Criminal Justice Councilo • The function as it is stated in the resolution �`and as the Hennepin County Criminal Justice �Council has been functioning is as a local unity that serves as a forum through which local ��nits of government in Hennepin County will have the opportunity to cooperatively pursue the �roblems of criminal justice which go heyond municipal boundaries or are inter-governmental �.n nature e �' y have been the local forum to approach the �ernor's Crime Commission on grants or grant pro�osalso They have assisted in implementing �oLoC.O< (Henne�;�in Emergency Communications Orc�anization) . They have been the county-cR�ide �oEoA,Ao planning agency for local units of ��vernment in Hennepin Countye (CONTINiTFnI � � ORONO COUNCIL riEETING HELD JANUARY 24, 1977 Page 15 � I recomriend the City participate in the resolutiono HEND]EPIN COUNTY �his reorganization brings employees under CRIiIIi�IAL JUSTICE ension of the County but will be run by a user (Continued) � board that will be more repr�sentative of the area. It is funded by L.E.A.A. with the County ` matching funds with no cost to Orono under the . reorganization. ' ;�utler moved, tPTelsh seconderl, to adopt Resolution R�SOLUTION #749 �#749, A Joint Resolution �stablishing The Criminal Justice � Hennepin County Criminal Justice Coordinating Council, Tiotion, Ayes (5) - D1ays (0) . • RESOLUTYOPI �749 � L��HEREAS, the pa��ies to th�s joint resolution � recognize the need fo� criinin�l justice system � planning and coordinatioi� oh � c�ounty-�aide basis; and � �1H�RI�A�, it is the sense of the parties hereto � that the effeCtiveness of such planriinn and coordiriation c�f a county-wide basis c�ould best � Ue served by the es�abYishment o� a criminal justice coQrdinating council consistinc� of � representatives of the parties hereto for the � purpose of coordinating activities which will nprove and strengthen law enforcement and criminal � �ustice, encouraging research and development activitiEs directed toward the irn�rov.ement of � la�� enforcement and criminal justice and assisting . in the development of new methQds for the prevention and reduction of crime and juvenile delinqu�ncy; and � �^]FiEREAS, the Omnibus Crime Control and safe � Streets Act of 196� (P>Lo 90-351) , and acts amendatory thereto, encourages and provides • for the establishment of criminal justice coordinating councils in major urban areas to � assure improved planning for and coordination of crirninal justice agencies and activities � within those jurisdictior�; � TJO[a, THEREFORE, II� IT RESOLVED that the Iiennepin � County Criminal Justice Coordinating Council be established in accordance with the provisions as � set forth in the accompanying operational bylaws i and pursuant to the provisions of the Omnibus Crime Control and Safe Streets Act of 1968, � and acts amendatory thereto; � IiE IT FURTHER RESOLVED that the City of Orono �c�rees to participate as a member of the Hennepin ounty Criminal Justice Coordinating Council. • i�Totion, Ayes (5) - Nays (0) , • � i � OROiJO COUNCIL itZEETIidG HELD JANUAFY 24, 1977 Page 16 � Dick Benson, City Administrator, stated that it TRANSFER ' s recommended that a transfer of funds be made Liquor Store Funds � the amount of $5,000 from the Liquor Store � und to the General Fund as per the 1976 Budget Revenue Source, The total transfers from the • Liquor Store Fund to the General Fund caill then . be $25,000 for the year 19760 IIutler moved, Welsh secoizded, to approve the � transfer of $5,000 from the Liquor Store Fund � to the General Fund. P�totion, Ayes (5) - Nays (f?) , i Dick Benson, City Administrator, stated that it TRAPdSFER • is recommended that a transf.er be made of $5,000 Sewer Operating fron Sewer Operating to the P.I.R. Fund as per '� Resolution #2Q3 and Resolution #�343a Inasmuch as the �50,000 was originally transferred from � the 63-64 LS-1 Construction Fund to Sewer �Operating Fund and then subsequently, the 63-64 LS-1 and 65 LS-1 construction funds were consolidated rinto the P.I.ft, Fund. T}ie $5,000 installment must be reimbursed to the P.I.R. Fund. The total •re�aid on the loan to date will then be $10,000 . �Butler moved, 1lassengale seconded, to adopt RESOLUTION #750 +=:esolution #�750, A Resolution Authorizing The Transfer ansfer Of Funds From Sewer Operating Fund �_� P.I.R. Fund, tiotion, Ayes (5) - Nays (0) . � RESOLUTIOId #750 �T��FIEREAS, $50,000 was originally transferred frorn the 63-64LS-1 Construc�ion Fund to Sewer �Operating with the stipulation that the Sewer �Operating Fund reimburse the 63-64LS-1 Construction Fund in accordance with Resolution +;f283, and �IJH�REAS, the 63-64 LS-1 and 65 LS-1 were sub- sequently consolidated into the P,I.R. Fund �i.n accordance with Resolution '�343e �:JO?a, THER�FORE, BE IT RESOLVED that an installment �f $5,000 be transferred from the Sewer Operating und to the P.I.R. Fund, effective December 31, �1.976e �otion, Ayes (5) - Nays (0) . � ienry I�Tuhich, Building & Zoning Administrator, VARIAtdCE ted that George Hanson, Big Island, presented Big Island evised plan of a similar request made last #221 sunu�ere Council approved the previous proposal George Hanson �onceptuallyo They adopted Resolution #700 :ranting these variances, (Continued) � � � O'tONO COUIICIL FIEETING HELD JANUARY 24, 1977 Page 17 � It seems T1r. Hanson c-�as not completely satisfied VARIAt10E �ith the original concepte The new proposal Big Island .dicates a 43' lakeshore setbacko (Continued) • �i'his request �-:ill require approval of some of • the other agencies as the lake setback will be � less than 50' . � Planning Cor,unission 1�7inutes - January 17, 1977 r N1ro Tr]ilensky, engineer representing applicant, �aas present. Recommended approval of revised • proposal subject to applicant°s agreerment to conditions stipulated in resolution which include � some property combinations and conservation � easements. � T:Iro iiuhich continued by stating that the hardship is the contour of the land, that the building lines r are within the 75 ' setback and there is no other land available. � • ilayor Van ilest moved, Paurus s�conded, to adopt RESOLUTION �k751 Resolution #751, r Resolution To Amend Resolution Big Island ��700 Granting Variance To George Hanson To Allow * The Construction Of A I3ome On Big Island In The � City Of Orono, per the Planning Commis�ion �commendations including all original stipulations, � �itle oginion, PZinnehaha Creek tVatershed District, and t�ie Department of Natural Resources approvaie • i�otion, �yes (5) - Nays (0) . � � Henry iluhich, Building & Zoning Administrator, SICI-TOi�TY.A ��resented to the City Council the chronology of 4680 Bayside Road � events for Ski-Tonka, 4680 nayside Road as followse • 5-23-65 Public Hearing on ski area special • use permita G-13-66 Special permit issued with restraintse 1966 Ski chalet construction. , 1972 File shov�s problems v�ith ski area � usage including long list of r.linor police calls since 1967> � 10-24-73 Ordinance #154 (Chapter 69A) enacted to regulate ski area operatione • 12-12-73 qualified safety inspection made - no • east slopes included. 3-11-73 License issued for 1973-7� (expired � 9-30-74) for original slopes onlvo 12-30-74 License issued for 197�-75 (expired � 8-31-75) for Phase I only. �975 Inspection reports show usage of eastern slopes. 12-15-75 Letter from City Attorney to Primus • requesting overdue license application, • threatening injunction and tagging, noting ordinance requirements must be met. (Continued� • � � OROiJO COUI�ICIL i1EETIiJG kIELD JA�.yliARY 24, 1977 Page 18 � 1-9-75 Letter from Henry F. T�luhich to Primus �F�I-�ONKA asking for a conditional use application on inued) � for Phase II (says Phase I lioense application received) , � 1-12-76 License issued for 1975-76 (expired � 9-30-76) for Phase I only {no verification of Phase II use was ever obtained in � winter of 1976) . 1-28-7n Letter from Primus to Henry F. tZuhich with • incomplete Phase II conditional use application enclosed, � 2-9-76 Council meeting - requestec� safety inspection prior to approval of Phase II, � 2-10-76 Letter from Iienry F. l�suhich to Primus � askinq for required insnection and ot.her missing data, � 2-17-76 Letter from Stan Davies, insurance investigator, concerning a February, 1972. accident. •2-19-76 Letter from Alan P, Olson to Prir.tus again . requesting license fPe and insPection report for Phase IIo �2-19-76 Letter from Primus to FIenry I'e ?luhich with Phase II license fee saving a safety � inspection was schedulPd "shortly before the commencerment of the 197�-77 ski season" o •3-16-76 Letter from Alan P. Olson to Primus again stating tliat a safety inspection is � requirec� and that the inspector must he NSAA certified. �3-1a-76 Letter from Primus to Alan P. Olson � stating that an "insurance inspector" vaould inspect both Phase I & II in the £alle �1��_-1-76 A meeting ��etween Alan Po Olson and R, Primus at Vlayzata T•-lunicipal Court. • Asked for license application noi>> overduee �11-8-76 Letter froM Yrimus to Alan Olson ��ith � insurance binder good through 12-1-76 on1y. �11-17-76 A meeting between Alan '.;'lson and Lee Primus at City Halle Again asked for + license application and supporting datae `11-13-76 Letter from Alan Olson to R, Primus • listing all the items necessary f_or a license application, �12-13-76 Additional reminder letter from Alan Olson to Primus - stated still no � license application and t:�at any operation without license �•�ould be violation of � City ordinanceo :2-13-76 Status report to Council - no application � from Ski-Tonka yet. The Council instructed staff to tag for violation of licensing orc�inance e 2-18 & 2-19-76 ��Teekend �-�arm (up to 5U°) , no skiing. (Continued) • s � � OROT10 COUNC IL i�IEETING HELD JANUARY 2 4, 19 7 7 Page 19 � 12-22-76 Inspector on routine inspection noticed SKI-TONICA � skiing� in progress. Received assistance (Continued) � from police officer �#512 (Cheswick) met inspector on site at 2: 30 P,?�. We � confirmed operation underway as follows: 27 cars in parking lot, 1 school bus � (r4inneapolis Public School �isto #317) , 4 ski tows operating, and chalet open � on both levelse We counted over 60 people, mostly children, on slopes at the top and � south of the chalete Additional skiers � were on slopes to the north of the chalet. TAG ISSUED #32-004569 for violation of a #69A. 020, operating ; a ski area without a license. Tag given to Mr. Lee Primus ! on site at 2045 PoT�io He refused to sign tag. He complained of the City harrassing � the operationo He said, "He thought" the � insurance was in force, {he cvas told that we had no such record) , that he was � expecting an inspection "as soon as wa change a tow rope motor" (no date given) e � 12-28-76 Site inspectione 4 tow ropes operating at 3:00 P.P7. , at least 25 people on the 1 property skiing or in the chalet, 15 cars in the parking lote Photo taken of skiers � on the slope an� using tow roPe. Instructions � from City Attorney to tag every day until compliance. � 1-3-77 Site inspectione gates locked, area closed at 3 0 30 P,I�e � 1-8-77 Site inspectiono gates open, Zot plowed at 3a30 PeP�Te , 31 cars in lot, � 3 adults and approximately 60 children • in chaleto Snack bar open with one vendor serving coffeee Ski shop open � with one attendante Saw one man with Ski Patrol jacket and one other � attendant outsideo No owner present. At least 40 persons on the slopes skiing, + mostly children. Chalet staircaays icy and treacherouse Four tow ropes • operating, Two photos takeno TAG � ISSU�D �#33-103201 for violation of Orono 69A,020. Tag sent to ocvner Uy certified � mail on January 10, 1977; receipt received January 12, 1977, � 1-13-77 City Attorney advises that Police should continue to issue tagso Still absolutely � no response fron owner as to license • application, Brent Prirnus, partner of Ski-Tonka, was represented y :Ire Jeff Bonner, attorney at law. � (Continued) � s � • ORONO COUNCIL i4EETING HELD JANUARY 24, 1977 Page 20 � i�ro Bruce %Ialkerson stated that he met with ��r. �Primus and rZre Bonner at 6< 30 P.T�Io to discuss e City's position �aith Ski-Tonka. I1r. tZalkerson � commented that Ski-Tonka has not complied with Zoning Ordinance 69A. and they have been tagged • in violation of City ordinances. Ski-Tonka has not applied for a license or conditional use � for Phase I or II operation> AZayor Brad Van Nest stated that Phase I should be approved � before Phase II is considered. Each has � to be considered separatelyo Phase II is operating in violation of all ordinances and has never been � recognized as being a part of the total Ski-Tonka operationo Phase II does require a pubiic hearing • before the Planning Commission and should not be allowed to operate at any timee Phase I does � require satisfactory inspections and staff review, � All costs for inspections and information required to satisfy City requirements are to be borne by � the applicanto � Paurus moved, ��lelsh seconded, to allow Ski-Tonka • to continue Phase I operation, subject to: * l, A�plicant apPly for required license by 4e30 PoL�. , Thursday, January 27, 1977, If applicant does � not apply, continue tagging. All inspections by qualified personnel to be � completed within two weeks, with final report to Council by February 14, 1977o I£ Zicense M requirements have been met but inspections � have not been completed by Ski-Ton)ia by February 14, 1977, applicant will be cited in � violation of ordinances, . �T�lotion, Ayes (5) - Nays (0) : � Butler movedo 6delsh seconded, that Phase II is not a permitted use at this time and is not being • considered as there is no application before the City at this timee Conditional uses require �public hearings and Council approval. Staff are � instructed to continue tagging Phase II, if found to be operating at any time. Motion, Ayes (5) - �tdays (0) a •i•Ir. Primus stated that he would apply for the •required license by Thursday, .Tanuary ?.7, 1977. �Dick Benson, City Administrator, distributed PROPOSED ORDIi1AI�10E �a proposed ordinance establishing a moratorium i•]etlands T�Ioratorium � the granting of variances for fill and cavation permits or other authority to allow for fill.ing or excavating in any manner in any •of the marshes and wetlands in the City of Orono for Council review for the February 14, 1977, �Council meeting per Resolution #744 adopted �January 10, 1977, � � OROT10 COUNCIL T•lEE l ING HELD JAPdUARY 2 4, 19 7 7 Page 21 � Dick Benson, City Administrator, distributed PROPOSED ORDIPdANCE � � proposed ordinance establishing a moratorium Parks Moratorium the granting of any building permits, rezoning � applications, conditional or special use permits, variances or other authority to allow for the • subdivision of land for park purposes or the creation of public park5 in the City of Orono � for Council review �or �Ghe Febru�ry 14 , 1977 Council meeting per Resolution #7�3 adopted � January 10, 1977e • � Dicic IIenson, City Administrator, stated that the WATERSHED STORAGE Iiinnehaha Creek �latershed District at their • January 20, 1977 meeting, discussed Orono' s interest in utilizing French Lake for a watershed � runoff water storage area. The District has not obtained an opinion from their legal department � to determine if the ��latershed District can negotiate �with one municipality on this type of requeste It should be noted that the 6�latershed District �by petition of property own�rs on French Lake are considering water levels and flows for the •purpose of determining what will happen to rrench Lake when treatment plants are phased out. �The District has commented that Orono could �initiate the French Lake storage area now and sorb the cost with the possibility of being �_ _ir�ibursed at a later date if the total project goes ahead. There will be a public hearing in �the middle of February. •iir. Benson also introduced a letter from r�r, Eugene Hick�k to TZr, Larry E. ICelley, Chairman �of the IZinnehaha Creek [�latershed District which �stated thato �In response to a discussion with Brad Van Nest, i�Iayor of Orono, the followinc� project outline has •been developede The program should fulfill the intent of his request, and, at the same time, �'provide basic information to meet the needs of �other munici�alities around Lake t2innetonka. �The concerns of the lake area municipalities ��ith improving the water quality of Lake T-linne�onka and �other water bodies in the watershed are ���eZl known and have been taken into consideration. �'I'he study, as proposed, will provide a water quality information framework that could be the �basis for both short and long range municipal �lanning. � basic premise is to provide an update of several sections of the Minnesota Pollution �Control Agency study of Lake T�Iinnetonka •(IIarza 1971) o Changes in water quality of (Continued) • � � OROIJO COUNCIL PZEETING HELD JANUARY 24, 1977 Page 22 � Lake since 1970 es eciall WATERSHED STORAGE . p y phosphorus, would be �abulated and related to current stormwater (Continued) reatment technology,legislation and regulations • regarding stormwater discharge to recreational v�aters. The impact on recreational waters from � stormwater runoff from various combinations of � land uses, types of development and housing density would be quantified based on published � storriwater quality analysese � It is anticipated that preliminary projections could be prepared that would relate the general i relationship of land use, development, density and quality of stormwate� to lake conditions. The � study would provide a guide for future planning � and indicate those areas where long term study should be implemented and those development � areas that should be of immediate concern. • It is difficult to define the detailed scope of the project without some additional input from � the municipalities affectedo A preliminary expense estimate indicates that the report � outlined should not exceed approximately $4,500 � if published information is utilized and no additional water quality testing is undertaken, • iyor Brad Van Nest indicated that they were • willing to expend funds on the study as they believe it is extremely important to their � planning efforts. Ho��ever, they also feel that � it is significant to the entire lake area and should be undertaken by the Minnehaha Creek � [-aatershed District even though it is funded by several municipalities or by Orono. • I would appreciate your consideration of this • concept and would undertake to arrange a meeting with you and P�iayor Van Nest in the next ten days �at your convenience. �End of letter • Dlayor Van I1est commented that the basic outline �to r-Zro Kelley is correct but Orono does �aant the LTinnehaha Creek Watershed District to undertake �the entire scope of the project significant to .the entire lake watershed area, DZayor Van Pdest continued by stating that a policy statement ��aill be outlined to the District before the next public hearing and Orono's February 14, �1977 Council meeting. � � � • � , � ORONO COUNCIL MEETING HELD JA�tUARY 24, 1977 Page 23 � I•Tr. Greg Frank and Nir. Larry Dalen explained FLOOD INSURANCE he H.U.D, Flood Insurance proposal as it elates to wetiands. Previous maps that had � been submitted did not represent areas that � could possibly flood. Mr. Larry Dalen explained that he would like direction before preparing the � final draft and maps for H.U.D. review, Mayor Van Nest commented that it is obvious that the � Flood Hazard areas and its fringe area should be more defined. The City has to review an • on-site inspection of affected parcels to determine what structures might be included in this proposal. a This matter was tabled unt�.l further information � is available. � PZr. Greg Frank, City Engineer, presented maps CHANNELIZATION showing the State Highway Department's request U.S. #12 & County #G � on channelization at State Highway #12 and � Hennepin County #6. rd=. Frank was requested to draft a letter to the Highway Department informing � them of Orono's proposed ring route concept and its routing. • � Councilman Welsh left the meeting at 10:45 P,PZ. • '�utler moved, Paurus seconded, that the following CIGARETTE LICENSES . �censes be approved: t�iotion, Ayes (4) - Nays (0) . Lakeview Golf of PZinnetonka, Inc. � T�iartin's Texaco Station Shoreline Service � Tdorth Shore Union 76 Station � North Star PZarina Navarre Shell Service Station � Orono Golf Course Paul's Landing � Saga Hill Grocery Smith's Bay Texaco � Spring Hill Center . Twelve Hi Market Tyra's Super Valu � i�Tayzata Country Club � Ilassengale moved, Paurus seconded, that the BILLS � All Funds Accounts 4502 through 4631, 19473 through 19487 and Liquor Store Accounts 11732 � through 11746, be paid. Motion, Ayes (4) - rdays (0) . � P�2assengale moved, Paurus seconded, that the ADJOURNMEN � meeting be adjourned at 11:05 P.r�2. PZotion, �es (4) - Nays (0) . % , � ���� � � � ,% ;/.�- [^ il iam B. an es , ayor r AtteSt• " � � ��� � , � ` Wa ter B son, C e - inistrator