Loading...
HomeMy WebLinkAbout02-28-1977 Council Minutes � ` CITY OF ORONO � Regular Meeting of the Orono Council, 7: 03 P.M. ` February 28, 1977 The Orono Council met on the above date with the following members present: Mayor Van Nest, Councilmembers Butler, PSassengale, Paurus, and � Welsh. Also present: City Administrator Benson, , Building & Zoning Administrator Muhich, Assistant Building & Zoning Administrator Olson, City � Attorney Pdalkerson, and City Engineer Frank. • ' At 7:05 P.M. , Mayor Van Nest announced that this PUBLIC HEARING � was the time and place for the public hearing Ring Route concerning the Ring Route. Dick Benson, City � Administrator, presented the Public Hearing . Notice, the Affidavit of Publication, and the ` Certificate of Mailing. � Mayor Van Nest discussed the reasons the City � of Orono has held this second public hearing concerning the proposed Ring Route stating that � environmental protection of Lake P�innetonka • density, nutrients, and other pollutant controls coupled with the preservation of Lake Minnetonka � are, in part, reasons for considering an alternative to the current increased traffic on Hennepin County � #15. Pressures of urbanization, traffic funnelization creates urbanization. Increased traffic and future • �safety requirements might dictate 4-laning of County Road #15 and create environmental problems. Orono � is always searching for reasonable solutions to � the current traffic problem in the lake area and conclusions from Hennepin County and Orono' s � traffic studies are to r�ute excessive traffic north to State Highway_ #12 and Hennepin County - S Road #6. Mayor Van P7est continued by stating that � all residents in Orono, plus rZinnesota Highway 7 Department, Hennepin County Public Works__Department, . Mr. Kenneth Turnham, City of Independence, City � of Minnetrista, City of Minnetonka Beach, City � of Mound, City of Spring Park, and T.M.G. Corporation have received a notice of this hearing which states: i NOTICE is hereby given that the Orono Citv Council � will hold a second public hearing in the City Council Chambers on Monday, February 28 , 1977 at � 7: 00 P.AZ. to receive citizen input on the proposed . r�ute which is being considered at this time for a connecting link between the intersection of , County Roads No. 19 and No. 84 and the intersection of County Road Pio. 6 and Watertown Road. • �11 persons wishing to be heard will appear at ' `_his time. � (Continued) � i � � Ok�ONO COUNCIL MEETING HELD FEBRUARY 28, 1977 Page 2 � Mro Greg Frank, City Engineer, has also stated PUBLIC HEARING that: (Continued) The purpose of this correspondence is to provide an update on the costs associated with the construct- � ion of the Ring Route. � In April, 1976, we estimated the total project cost at $505, 050, determined as follows: � • Grading $ 199, 600 Gravel Base & Bituminous surfacing 169 ,550 � Misc. Drainage, Restoration, etc. 56 , 000 Total Construction Cost $ 425,150 * Land & right-of-way Acquisition 34 ,000 ; Legal, Administratire & Engineering 46 , 000 Total Project Cost Estimate $ 505, 150 � a Since the time of this estimate, prices associated with construction have increased by roughly 7. 50 � (as evidenced by Index) . Applying this inflation rate to the above cost estimate, the project � should have a total cost estimate of roughly $543, 000 in terms of current construction costs. � Perhaps the most volatile costs associated with • the project are the estimates for land and easement acquisition, which were estimated at $3,000 per ` acre in 1976. � As of December 31, 1976, Orono had available $304, 728. 35 in rsSA funds. The total of these • funds as well as future MSA funds will be available to finance the costs of the Ring Route. • � In reviewing the Ring Route proposal, one of the , major concerns voiced at the first public hearing � was the impact of the increased traffic volumes on the intersection of County Road No. 6 and a U.S. Highway No. 12. As the Council is aware, the Minnesota Department of Transportation has � submitted preliminary plans for upgrading this + intersection. As such, these concerns are somewhat reduced. We are proposing to discuss � the proposed upgrading at the forthcoming public hearing and have preliminary plans � available for the public to review. • Mr. Robert Compton, 4545 Watertown Road, stated that: � � 1. There will be visibility problems. 2. Congestion at railroad crossing. �3. People will still travel County Road #15_ for scenic purposes. � 4. DNR Trail will be disturbed. (Continued) � � ! • ORONO COUNCIL MEETING HELD FEBRUARY 28, 1977 Page 3 � 5. Traffic and speed will be increased in PUBLIC HEARING proposed area. (Continued) � 6. Mr. Schmitt and Mr. I�2cCulley will donate land to eliminate 45 degree turn at Hennepin County Roads � #84 and #19. . � Mayor Van Nest comr.►ented that wetlands will be � affected if we were to consider eliminating the 45 degree turn. a Mr. Herbert Ross, 3440 Bayside Road, stated that � this proposal should be a function of Hennepin ` County; also, this proposal will not solve the ' problem. � Mr. Bernard Kogan, Long Lake, stated that: r l. Concerns with additional traffic into Long Lake. � 2. Distance to Minneapolis will not be reduced. 3. Consumption of gas will be increased and will � add to the current energy crisis. � Mayor Van Nest commented that proposed costs are an estimate only and this proposal is not for a freeway but for a two-lane highway. M Dr. Robert Gehrman, 4300 Sixth Avenue North, asked: � Is this meeting to hear us all? � Mayor Van Nest: We want public input from all citizens. � Dr. Gehrman: The intersection at County Road #6 and � State Highway #12 is very dangerous. � Ronnie Kullberg, 3600 Shoreline Drive: Emergency vehicles will be benefited by this proposal. � • � Marie Peterson, 745 Orchard Park Road: The sun bothers vision and interferes with sight distance at � certain times of the year. � Donald White, 180 North Shore Drive West: Would like to see proposed road built to the north rather than � the 45 degree turn. Other alternatives should be • considered using the present street system to relieve traffic on Hennepin County Road #15. � Craig Spencer, Hennepin County Public Works, stated � that County Road #110 is in a current five-year program. Right-of-way acquisition is planned for 1978 and � construction in 1979. Hennepin County is attempting to develop alternatives and find a solution favorable to � all citizens. (Continued) i • s � � � �, ORONO COUNCIL MEETING HELD FEIIRUARY 28 , 1977 Page 4 � Four alternatives were developed in 1972-73 and PUBLIC HEARING this proposal is one of them, which was intended � (Continued) to relieve the traffic on County Road #15 allowing . #15 to remain as a scenic parkway. � Mayor Van Nest: This present proposal was eliminated from Hennepin County' s five-year plan. � Craig Spencer: The County is interested in developing � this alternative and will cooperate with the City. , Hennepin County does not intend to up-grade #15. This proposal will r�lieve the safety hazard on County � Road #15. Mr. Spencer commented that he thought the City of Orono had dropped their proposal to � route excessive traffic to State Highway #12 and Hennepin County No. 6. � Mayor Van Nest stated that Hennepin County had not � included this alternative in their planning and, - � in fact, had dropped it without further study. Mayor Van Nest asked D�r. Spencer if the City could meet � with Hennepin County to solidify this proposal. Mr. Spencer answered: Yes. Mr. Jo Sawchuk, 4105 �aatertown Road: Is this route • sound and has the engineer reviewed this? � Mayor Van Nest: Yes. � sohn Miller, 4385 Chippewa Lane: Can we initiate � mass-transit study or additional buses? �+ Mayor Van Nest: Park and ride is the best solution. � Wayne Neddermeyer, Medina: Will this not create other S traffic hazards? � Mayor Van Nest: No. � Don Ulrick, Mound: Hennepin County #15 is the core of the problem. Health, welfare and safety is at � stake. Preservation of Lake Minnetonka is very . important. This Ring Route will relieve the pressure and allow the natural preservation of the � lake area. We need to funnel the traffic off Hennepin County #15. We have to seek a solution and the City � Council is to be complimented for their courage and foresight to relieve the pressure on County Road • #15. The Ring Route has to go somewhere and this proposal is the best. I commend you. � i The people attending the hearing were asked to raise their hands to show who were against the proposal: � 19 were opposed. � (Continued) • � * .� � � ORONO COUNCIL MEETING HELD FEBRUARY 28, 1977 Page 5 � To readjust the route straight north; 7. For PUBLIC HEARING the proposal: l3. (Continued) � � Frank Wagner, 3607 Shoreline Drive: We need to provide roads for the proposed area now. � An unidentified person asked: Where is the money .� to build the Ring Route coming from, knowin� that the total cost will exceed funds that are now � available in Orono' s DiSA account? S - Mayor Van Nest: Orono wi11 bond the balance and � retire the debt with future MSA monies. Mayor Van Nest continued by commenting that Orono would + want a low level City street to help relieve Hennepin County #15. s Wayne Neddermeyer, Medina: Why don' t we try to � get the State to up-grade State Highway #12? � Mayor Van Nest: That will not solve the problem � but will add to it. The State has no plans to up- grade Highway #12 until after year 2000. • John P�iller, 4385 Chippewa Lane: Is this not a waste � of funds? � Mayor Van Nest: Health, safety and welfare concerns � are not a �:aste of funds. � Loren Butterfield, 3925 Watertown Road: Is this the only use of DZSA funds? � Mayor Van Nest: No, there are other uses available. f . Loren Butterfield: This action will require other agency cooperation. • Mayor Van Nest: Yes. � Unidentified person: Has the City determined /► actual right-of-way, set grade stakes, and determined • actual costs? � Mayor Van Nest: No, this will be accomplished when the Council directs the City Engineer to � provide a feasibility study. The City Council will then notify all persons who are here this evening � to attend a public hearing or Council meeting at a later date to review this proposal at that stage. � � Tom Goulette, Mound: Representing West Tonka Businessmen and Chamber of Commerce stated that + it is desirable to lighten the traffic load on Hennepin County #15 and the businessmen and the � Chamber of Commerce are in full support of this proposal. (Continued) � � � j � � ORONO COUNCIL MEETING HELD FEBRUARY 28, 1977 Page 6 • Mayor Van Nest stated that this is the second public hearing held on this proposal during the last 12 months and all residents, including ities contiguous to Orono, Hennepin County and the State Highway Department have received notices. � We could hold another hearing before Council action but will notify all persons here this evening � if this is desirous. � Mr. John Miller, 4385 Chippewa Lane: Orono should • notify the Metro Transit Commission to be present at the next Council i:ieeting. � After all persons present were afforded an opportunity � to be heard, P�4ayor Van Nest closed the public hearing at 8: 25 P.M. • � � Citizens present: - + Tom Goulette 'Wayne Nedderrleyer Bernard Kogan � 3010 Bluff Lane Medina Long Lake Mound � Ron Kullberg F. J. Thompson Ev Geyen 3600 Shoreline Dr. 3960 Sixth Avenue N. � 2939 Hazelwood Lane Navarre Long Lake . Mound Terry Peters Donald F. White S i. V. Stone 4220 Sixth Avenue N. 180 North Shore Dr. W. 3574 Shoreline Drive Long LaY.e Moung * Navarre Gary Nelson Dsr. & Mrs. Robert Compton r C. E. Larson 5501 Bartlett Blvd. 4545 Watertown Rd. 4285 Sixth Aveniie N. r2ound P�iaple Plain � Long Lake • John Peters Lee B. Primus Mancy Laurent 4220 Sixth Avenue N. PQinneapolis � 895 Hamel Road Long Lake Hamel J. W. Schmitt � W. Gregory Coward Marie Petersen Rt. 2 , Plaple Plain 1950 Heritage Dr. 745 Orchard Park Rd. + Wayzata Long Lake Craig Spencer � Henn. Cty. Public Works Dorothy E. Olson Mayona Sundlin � 3465 Lyric Avenue 3800 Wayzata Blvd. Loren Butterfield Wayzata Long Lake 3925 Watertown Rd. • Consuelo Carruthers B. Peter Achey ' Irma G. Olson � 3465 Lyric Avenue 580 Orchard Park Rd. 4720 Bayside Rd. Wayzata Long Lake � Frank [aagner H. R. Ross 3607 Shoreline Dr. � Bill rscQueen 3440 Bayside Rd. '985 i�Iinneapolis Avenue Long Lake r4. K. Ellis � _lound 1854 Wayzata Blvd. � Ray Peterson Fred Holasek, Jr. Navarre 3825 Sixth Avenue N. Don Ulrick * Long Lake 3003 Bluffs Lane a Moung � � , . � � Bob Gehrman 4300 Sixth Avenue N. � Long Lake � Earl Kostka � 4085 P7atertown Rd. � W. Pollard 4225 Sixth Avenue N. � Long Lake � Graydon McCulley + 4605 �Jatertown Road � Joe Sawchuk 4105 Watertown Rd. � William Lahiff � Navarre ! John P�iiller � 4385 Chippewa La. r � � _ � � " � � • � �. � � � � � � � � i • � � , , � ORONO COUNCIL P'iEETING HELD FEBRUARY 28 , 1977 Page 7 � No comments fror:l the Park Commission. PARK COMMISSION � No comments from the Human Rights Commission. HUMAN RIGHTS COMP2ISSION • P7o comments from the Planning Commission. PLANNING COriMISSION � r Councilmember Norman Paurus, representative LMCD REPORT • to the Lake Minnetonka Conservation District, stated that the LP4CD is working on an annual � spring lake shoreline cleanup and all lake access status reports. � � Henry Muhich, Building & Zoning Administrator, NAVARRE AREA REZONING stated that many of the same Navarre businessmen � were in attendance at the February 14, 1977 r:ieet- • ing regarding the Navarre Area Rezoning. Many expressed concern over proposed zoning; requested � no change in the current B-1 zoned properties and a ten-year moratorium on any future rezoning in � the Navarre area. ` The City Council appreciated all comrients. The matter was tabled until the meeting of February 28, � 1977, for possible additional input. Directed staff to inform several representatives of next meeting. � S The group recognized Council' s concern of the traffic� problem in Navarre. Council informed � the group of public hearing regarding proposed ring route scheduled for 7: 00 P.t'i, on February 28, � 1977, �and requested their attendance. Group ` acknowledged. Council directed staff to send special notices to several representatives of � the group reminding them of scheduled public hearing. • P•sayor Van Nest moved, Butler seconded, to adopt RESOLUTION #758 � Resolution #758, a resolution for the rezoning Navarre Area Rezoning � of the Navarre area, as follows : � . 1. Rezone north 20 feet of Kelly Avenue Hclding Company property south of old Super Valu Store, � from B-1 to LR-1B. 2. Rezone vacant south portion of Northwestern � Bell Telephone Company property from B-1 to LR-1C. � 3. DScCharles property, News Realty, and Dairy . �ueen property from B-4 to B-5. , All other zoning shall remain as zoned January l, � 1975, and no other changes shall be made in the B-5 zones as they exist in Orono' s code today. Motion, Ayes (5) - Nays (0) . � � � � , . � ORONO COUNCIL MEETING HELD FEBRUARY 28, 1977 Page 8 a Henry Muhich, Building & Zoning Administrator, SEAWALL & RIPRAP i informed the City Council that the application 2975 Casco Point Road �of Stewart Perry, 2975 Casco Point Road, is #131 before the City to review work that was done Stewart Perry without Council authorization as required by � 31. 700. The last action by Council was June 14, 1976, when Mr. Perry was advised that the r retaining wall portion of the work was reluctantly approved, but that the seawall must be removed. � The enclosed correspondence followed, and then � Mr. Perry was tagged for non-compliance to 31. 700 on SeptPmber 8, 1976. The matter was � before the Municipal Court on January 18, 1977 for a pre-trial hearing at which time P'Ir. Perry � suqgested a compromise. Briefly, in Iieu of removal of the treated wood seawall, P�Ir. Perry � says he will cover the wall with a new mortared � stone facing to prevent water from reaching the wood and to change the appearance of the wall. � The question before the Council is whether or not this suggestion will be satisfactory, � and to what extent the facing should be done (only part way up or completely covering the � seawall) . The matter is on the Court calendar for Psarch 15, 1977 for trial or continuance � depending upon the Council decision. �� Planning Commission Meeting - February 7, 1977 Planning Commission examined hotos and sam le P P � of stone he provided. Commission discussed situation and considered Mr. Perry' s suggested � addition of a mortared stone facing covering • the bottom two ties of the seawall. Planning Commission recomr.iended (agreeable to Mr. Perry) � approval to remedy an existing situation only; � they said that they would not have approved it � � if originally presentd this way. Approval is subject to the City Engineer' s recommendations � on effective height. � Council Meeting - February 14, 1977 � Tabled proposal because Mr. Perry was not in � attendance to answer questions about the application. � Planning Commission Meeting - February 22 , 1977 r . Tabled for lack of revised proposal. (Continued) � • � � r � � . ORONO COUNCIL MEETING HELD FEBRUARY 28, 1g77 Page 9 � Council Meeting - February 28, 1977 - � Mr. Bruce Malkerson, City Attorney, informed SEAWAI,L & RIPRAP the City Council that Mr. Perry has been cited 2975 Casco Point Roa� in violation of the present zoning code and Continued) litigation is set for March 15, 1977. • Mr. Stewart Perry was asked by Mr. ?4alkerson � if he understood the code: Mr. Perry stated � he did. . " � � Mr. rialkerson asked Mr. Perry if it was correct � that the work on his project continued after ; � being tagged in violation of the code: Mr. Perry answered 'yes' , although the work was nearly . � � completed. Councilmember Welsh commented that � . ( � we are discussing how to complete the project ! according to the code. Standard riprap has � � to be installed; mortar and stone is not accept- ! able. It will not withstand wave action and ice ; r pressures. Nir. Perry stated that all he was , . doing was to replace the wall as it was before. Mayor Van Nest stated that in order to do a ' � complete job, the lower ties and decking should , be removed and standard riprap should be installed � - to the Minnehaha Creek Watershed District standards. There is no question that a mortared wall will � ' �not withstand wave action and will deteriorate. � Mr. Perry, would you be agreeable to that procedure? � Mr. Perry stated he would prefer to test the � ordinance in court_ . � Butler moved, Welsh seconded, to deny the • application as presented by Stewart Perry, 2975 Casco Point - Road, to include mortared � wal1. Motion, Ayes ° (S) '= Nays (0) . . � Butler moved, Welsh seconded, to remove lower tier of ties and replace with standard riprap � (12" to 18") and replace lower wood decking, all subject to other agencies and City Engineer' s � recorar.�endation, for Stewart Perry, 2975 Casco • Point Road. Motion, Ayes (5) - Nays (0) . � Mr. Alan Olson, Assistant Building & Zoning SKI-TONKA REPORT � Administrator, stated that Mr. Bonner, represent- ing Ski-Tonka, at 8: 15 P.M. , this evening, had � handed him a report on Phase I, Ski-Tonka, which � was to be submitted a week ago. Staff has not � had tiine to review this report, which states: Letter to Mr. John F. Bonner III from T & E r Engineering, Mr, Gerald T. Tasa, P.E. Mechanical Engineer - Februazy 22, 1977: (Continued) � s w � ORONO COUNCIL t2EETING HELD FEBRUARY 28, 1977 Page 10 � Upon the request of Mr. Lee Primus, I inspected SKI-TONKA REPORT the Ski-Tonka ski area, which is located in (Continued) � Orono, Minnesota, to deterr,line if the equipment � met safety requirements. On February l, 1977, you furnished me with five pages of ANSI � Regulations that the City of Orono had �urnished you. The standard is American National Standard � Safety Requirements for Aerial Passenger Tramways B77. 1-1973. A copy of the five pages � are attached to this report. ! On February 3, 1977, I inspected and tested the i tow equipment to determine if the equipment met the safety requirements of the ANSI standards. � All tows were tested with the exception of #10 which was inoperable. On February 11, 1977, I � r;�et with Alan Olson, Orono City Inspector, at Ski-Tonka to jointly inspect the area and to � demonstrate to him how the tows were inspected. � At the time of my inspection, it was noted that a the ski tows were not equipped with backstop brakes as required in para. 2. 2. 5. 4. 1. The � purpose of these brakes is to prevent the ski ropes �rom being pulled backward if the ski � tow should stop for some reason. The ski tow rope was physically pulled backward to determine the amount of force required to reverse the direction of travel of the rope. In my opinion, �he tow rope would not, notwithstanding the � absence of brakes, reverse direction appreciably. Any such reversal would likely only result in � a slow reverse movement. So long as this is the case, the reverse movement would not present � a great hazard to a skier using the tow. � Para. 2. 2. 5. 4.2 of the ANSI standards requires that: � "Unless an unloaded tow operating at maximum � speed will stop in 25 feet or less an automatic brake shall be provided to assure this st�pping � distance. " � All tows. met this requirement with the exception � of tow #3 which had a stopping distance of 28 feet. Tow #3 is not equipped with an automatic brake. � The tows were then operated to determine if they � met the requirements of para. 2. 2. 5. 4. 2, ANSI Standards which requires that a saftey gate be � so located that the distance frori the stopping * device (safety gate) to the first obstruction or point of reversal of direction to the towing � outfits is 150 per cent of the distance required to stop the empty lift operating at maximum speed. All tows met this requirement with the exception of tows #3 and #6. (Continued) � ! � ORONO COUNCIL MEETING HELD FEBRUARY 28, 1977 Page 11 � Warning signs were inspected to determine SKI-TONKA REPORT � whether or not they met the requirements of (Continued) para. 2. 1. 1. 2. 4 of the ANSI Standards. Although � the signage did not conform to the letter of • the ANSI Regulations, (they were not uniform in size and wording) in my opinion, they conform � with the spirit and intent of the Regulation. . � OTHER MATTERS: � Although not required in the ANSI Regulations, . the operator of the area has erected fencing around the tow equipment at the loading and � unloading areas. From the standpoint of safety, I recommend and advise that these � fences be provided and maintained in place in a good state of repair. The fencing in � place on Phase II was adequate and in good repair. I noted several instances of fence � disrepair on the Phase I tows. � In conclusion, based upon my inspection of Phase I and Phase II of the Ski-Tonka facilities, it is my opinion that the facilities inspected meet the ANSI Standards with the following specific exceptions: a) Tows #3 and #6 require either: _ 1. Operation at a slower speed, or • 2. installation of brakes, or 3. relocation of safety gate. � b) Efforts should be made to repair fencing on Phase I operations. � NOTE: My inspection was conducted during non- � operating hours and, therefore, this report is , • limited to an examination of and report on the tows and mechanical safety equipment provided � therewith. � End of letter � � Mayor Van Nest inquired: � l. Does inspection report meet requirements of � Orono ordinances? 2. Does this provide for the safety, health and � welfare of its users? - Butler moved, Welsh seconded, to table the Ski- Tonka matter until the Council meeting of � P�Iarch 14, 1977, to allow for staff review of Ski-Tonka Phase #I� Motion, Ayes (5) - Nays (0) . � � � ORONO COUNCIL MEETING HELD FEBRUARY 28 , 1977 Page 12 � Henry Muhich, Building & Zoning Administrator, SY.I-TONKA REPORT stated that the most recent plans submitted Phase II � lack some detail, but may be satisfactory • fo� the consideration of a conditional use permit on Phase II for Ski-Tonka. � Mr. Primus and his representative, John Bonner, � appeared informally at the Planning Commission meeting of February 22, 1977. Mr. Bonner � wanted to keep the Planning Commission informed as to the status of obtaining the necessary , data for Planning Commission and Council review. � He explained to the Commission that a qualified inspector had made his investigation but had � not as yet prepared the necessary report. � The Planning Commission was unhappy with the • progress and past problems resulting from lack of applicant' s complying with code and � licensing procedures. The Planning Commission determined the conditional use permit application filed by Ski-Tonka had � expired. They also felt the application was void as the owner had not lived up to the conditions set forth (owner never submitted safety inspector' s report) . The applicant was instructed to submit another current application with the necessary plans and reports. Another fee would be required with the new application. � Council Meeting - February 28, 1977 , Mayor Van Nest moved, Butler seconded, to declare the conditional use permit for Phase II for Ski- � Tonka null and void and requests the Planning Commission to consider new application, hold a public hearing within 25 days and submit their recommendations to the City Council at a later • � date. Motion, Ayes (5) - Nays (0) . • Henry Muhich, Building & Zoning Administrator, VACATION` OR VARIANCE that Williamson Construction Company, 3779 3779 Casco Avenue � Casco Avenue, owns Lots 11, 12 & 13. Lots 11 #226 and 12 are divided by platted unused alley. William Construction Co. � His primary desire is for approval of vacating alley to create a parcel which would meet our 1/2 acre - 100 foot lot area and width requirements. � Application was submitted January 31, 1977. I waived the required survey until we determine exactly what option we might favor. (Continued) � � �' � � ORONO COUNCIL MEETING HELD FEBRUARY 28 , 1977 Page 13 If we do not approve the vacation, the applicant VACATION OR VARIANCE is requesting a lot area variance on the combined 3779 Casco Avenue � parcel of Lots 12 & 13. These two lots cor,tbined (Continued) conform to our 100 ft. lot width requirement, but lacks 5, 500 sq. ft. of the 21, 780 sq, ft. S lot area requirement. It has been our policy to consider vacations of public property on the basis of benefit � to the general public. We do not approve vacations as a convenience to the applicant only. We must consider the health, safety a and welfare of the general public. � If the vacation of the alley and combination of all properties is not approved, the result � would be one remaining substandard lot (Lot 11) which is only 50 ft. wide and 7, 600 sq. ft. in a area. � If we wish to consider vacating the platted alley, a public hearing will have to be scheduled. I believe the applicant does have the right to request a public hearing on the matter. Staff - February 7, 1977 Applicant called and changed proposal to request for lot area variance only. Iie felt there might be some objection to vacating of alley. � Planning Commission Meeting - February 22 , 1977 S Recommended approval of area variance on condition that no other variances be granted a for construction of dwelling and garage, the developer grant to the City a conservation easement over Lot 11 across from platted alley, � updated title opinion addressed to the City, • subject to other variances, and combine Lots 12 &13. Justification: 1. No additional adjacent land available. 2. Property is sewered. Butler moved, Welsh seconded, to deny the VACATION vacation of an alley for Williamson Construction 3779 Casco Avenue Company, 3779 Casco I�venue, per the Planning Commission Minutes of February 22, 1977. Motion, � Ayes (5) - Nays (0) . (Continued) � � ORONO COUNCIL MEETING HELD FEBRUARY 28, 1977 Page 14 s Welsh moved, Butler seconded, to approve the VARIANCE variance request for Williamson Construction 3779 Casco Avenue Company, 3779 Casco Avenue, per the Planning (Continued) Commission Minutes and recommendations , plus title opinion submitted to the City and combina- t tion of Lot 12 & 13. Motion, Ayes (5) - Nays (0) . � Henry r�uhich, Building & Zoning Administrator, VARIANCE stated that Mr. Kerriit LaQuey, 190 Cygnet Place, 190 Cygnet Place first obtained a lot area and width variance #231 approval for this lot on April 22, 1975. Kermit Lanuey a Council renewed this approval on February 9 , 1976. He has currently submitted a third application for renewal of these same variances. I am enclosing copies of the last renewal application, plat map, Planning Commission and Council minutes and my reports regarding the first two proposals. , The status of the property has not changed. The conditions today are the same as they existed in 1975 when the first application was submitted. Planning Commission P4eeting - February 22 , 1977 Recommended approval of renewing lot area and width variances for another year. Council Meeting - February 28 , 1977 Butler moved, Welsh seconded, to approve the variance request for Kermit LaQuey, 190 Cygnet Place, per the Planning Commission minutes and recommendations of February 22, 1977. Motion, , Ayes (5) - Nays (0) . a Henry Muhich, Building & Zoning Administrator, VARIANCE & RIP�2AP stated that J. K. Bowers, 2905 Casco Point Road, 2905 Casco Point Road is requesting approval to repair an existing #232 t retaining wall. This consists of replacing J. K. Bowers s existing concrete walls with untreated timber. This would require a variance as the wall is less than 75' from the shoreline. Although the plans submitted are quite good, they do not show an elevation view from the lake so we cannot visualize the height of the proposed retaining wall. I have sent him a letter requesting this data. From what I found on the site, I would like to suggest we suggest the removal of the existing concrete slab (hardcover within 75 ' of the lake) . I think we should have more confirmation that the proposal does not include any filling or grading. (Continued) � = ORONO COUNCIL MEETING HELD FEBRUARY 28, 1977 Page 15 � The riprap request appears to be an improvement. VARIANCE & RIPRAP It is a continuation of the neighbor' s shoreline 2905 Casco Point Road riprap. It would protect the shoreline from (Continued) further erosion. Although the data submitted is not complete, I will be introducing the proposal to the Planning Commission on February 22 , 1977. When I receive the necessary data,I will forward copies to our engineer for review and comments. �Ve can treat this as a work session item. � Planning Commission Meeting - February 22 , 1977 Recommended approval of replacing existing concrete retaining wall with untreated timber on condition that concrete slab be removed. Also recommended approval of riprapping shoreline with appropriate boulders subject to approval of the City Engineer and applicant obtaining approval of all other agencies as required. � Welsh moved, Butler seconded, to approve the variance and riprap permit for J. K. bowers , 2905 Casco Point Road, per the Planning � Commission minutes and recommendation plus continued erosion protection. Motion, Ayes (5) - Nays (0) . Henry P�Iuhich, Building & Zoning Administrator, RIPRAP PERMIT � stated that Robert Nelson, 4108 Highwood Road, 4108 Highwood Road is requesting approval to riprap-his 100 ' of #233 * shoreline to pre�Tent further erosion. Robert Nelson S Although I have not as yet received any plans for the proposed project, I will be introducing i, it to you at the Planning Commission meeting of February 22, 1977. � S The notations on the enclosed plat map do not give a true pi:cture of the property. Upon checking the site, the contour of the land left me with some questions as to whether any filling or grading were being considered. I have sent him a letter requesting plans. When I receive the necessary data, I will forward a copy to our engineer for review and comments. � Planning Commission Meeting - February 22 , 1977 Recommended approval subject to City Engineer' s � approval and applicant' s obtaining approval of all other agencies as required. (Continued) ! � ORONO COUNCIL MEETING HELD FEBRUARY 28, 1977 Page 16 � Butler moved, Welsh seconded, to approve the RIPR.AP PERMIT riprap permit request for Robert Nelson, 4108 Highwood Road 4108 Highwood Road, per the Planning Commission (Continued) minutes of February 22, 1977. D4otion, Ayes (5) - Nays (0) . r � Henry Muhich, Building & Zoning Administrator, SUBDIVISION stated that P�r. Van Eeckhout is requesting 400 Old Crystal Bay Road • approval of a proposed subdivision of approximately #176 18 acres into 8 parcles exceeding the minimum Van Eeckhout Building Co: � lot size of 2 acres at 400 Old Crystal Bay Road. � The proposal includes a private road which would � exceed 600 ' in length. Easements of 60 ' across the right of way and 100 ' at the cul de sac would � be required. • None of the property is designated as wetlands • on the Hennepin County Conservation wetlands map in our office. � A public hearing should be scheduled. • Planning Commission Meeting - September 7, 1976 • Scheduled public hearing for October 4, 1976 at � 8:00 P.M. Suggested developer consider some � changes in access road to properties. Possible through street extending to Fox Street. � Planning Commission Meeting - October 4 , 1976 • Several concerned neighbors voiced their concern � over drainage. Continued public hearing 1.intil • next meeting of the Planning Commission for � drainage plan so as not to affect neighboring � properties (representative informed) . ! Staff - October 5, 1976 � Also called Van Eeckhout office and left message with secretary to inform "Mr. Van Eeckhout of � Planning Commission action. � Planning Commission PSeeting - October 18, 1976 � P�4r. Van Eeckhout presented the original proposal � with notations showing no change in the existing drainage patterns across the property. Communication • from the City Engineer indicated that he had no , objections to the drainage proposals. The Planning Commission recommended approval of the � preliminary subdivision subject to showing any drainage easements as may be required by the City � Engineer, subject to payment of a park dedication fee and subject to approval of the final plat. (Continued) � � � , • ORONO COUNCIL MEETING HELD FEBRUARY 28, 1977 Page 17 � Council Meeting - October 25, 1976 SUBDIVISION Approved preli�ninary plat subject to Planning 400 Old Crystal Bay Road Commission conditions and receipt of title (Continued) opinion on property. Mr. Van Eeckhout present. Staff - February 22, 1977 • Final plat (mylar and hardshells) submitted • for final approval. �' Planning Commission Meeting - February 22, 1977 r Recommended approval of final plat subject to the following conditions: + l. Underlying easement on road (subject to � City Engineer approval) 2. Utility easement along roads (subject to • City Engineer approval) • 3. Drainage plan approved by City Engineer 4. Drainage easements � 5. Appropriate park dedication fee being paid 6. Private road (no agreement or bond necessary) • I�Zayor Van Nest moved, Paurus seconded, to adopt RESOLUTION #759 ! Resolution #759, A Resolution Approving The RLS # Registered Land Survey # , for Van Eeckhout 400 Old Crystal Bay Road � Building Corp. , 400 Old Crystal Bay Road, per the , Planning Commission Minutes and recommendations � of February 22, 1977, plus: l. Underlying easement on road (subject to � City Engineer anproval) 2. Utility easement along roads (subject to • City Engineer approval) 3. Drainage plan approved by City Engineer � 4. Dra�nage easements � 5. Appropriate park dedication fee being paid , 6. Private road (no agreement or bond necessary) � 7. Title opinion submitted to the City of Orono 8. Drainage and utilities shown on plat map. � Motion, Ayes (5) - Nays (0) . • • Henry Muhich, Building & Zoning Adr.linistrator, STATUS REPORTS informed the City Council that the following � items were being reviewed by the Planning Commission for Council action at a later date: � William D. Levering, 275 Willow Drive, subdivision; Mrs. Robert Gasch, 1030 Tonkawa Road, variance; • Victoria Grain Company, 500 North Arm Drive, • subdivision; Jack Rhode, 1410 Bohns Point Road, variance & conditional use permit; review wetlands, � dredging and duck ponds moratorium; review park status moratorium; Stubbs Bay Marina, 3445 Bayside � Road, construction proposal; North Shore Marina, 3222 North Shore Drive, license application review; � review platting ordinance. • i ! � ORONO COUNCIL PZEETING HELD FEBRUARY 28, 1977 Page 18 � Mayor Van Nest stated to the City Council that MAYOR' S REPORT he and other Councilmembers received a letter Letter - Douglas Klint from Mr. Douglas Kiint representing Mr. Gary Re: Gary Petersen Petersen, 3545 Ivy Place, which states: 3545 Ivy Place � I represent Mr. P. Gary Petersen, who has submitted an application for a variance on the � above described property in the City of Orono. The property is located on ivy Place in Casco � Point. Enclosed please find a copy of a plat � depicting the location of the property. � Mr. Petersen acquired the property in 1976 from the estate of Arthur P. Bendel with the intention � of buildin�3 iiis home on the property. Mr. Bendel has owned the property since 1958. The property • was platted in 1885 as Lot 184 of Taylor' s Sub- division of Spring Park Lots and was in compliance � with al� zoning and platting laws at the time it � was platted. The Village of Orono subsequently accepted and approved the plat. � Of the 13 lots in this subdivision, Mr. Petersen' s � property is the largest. The other 12 lots range in size from 10 , 400 square feet to 12 , 500 square • feet. Mr. Petersen's property measures 14 ,271 • square feet on the plat. All other lots in the � subdivision have houses erected on them. Only Mr. Petersen' s property is undeveloped. � The property has been assessed for sewer and water and the follo�aing special assessments remain i unpaid: $225.00 sewer plant charge; $375. 00 SAC charge sewer and water; and $250. 00 park dedication � fee. All special assessments will be paid if • Mr. Petersen is granted authority to build on the , property. • The only zoning requirement from which a variance � is sought is the area and width requirement. Mr. Petersen' s proposed dwelling will comply with all • • other requirements of the zoning code; e.g. setback S and use requirements. Enclosed please find a survey of the property which includes a sketch � of the dwelling and the position of the lake and alley. You will notice that the travelled portion � of the alley encroaches on Mr. Petersen' s property. This alley was inspcectd by Alan Olson. If the � City feels that they need an easement for the alley, Mr. Petersen will grant them one. r � In determining whether to grant or deny the variance request, the Council should be concerned with the hardship on the property owner if the variance is denied, the uniqueness of the property, and the � interests of the City. (Continued) � • � , , � OROPdO COUNCIL MEETING HELD FEBRUARY 28, 1977 Page 19 � If the City denies Mr. Petersen' s variance LETTER - GARY PETERSEN request, he will be stuck with a piece of property 3545 Ivy Place which is absolutely useless to him. He cannot (Continued) build on it or put it to any productive use. The property will be sterile and condemned as a S practical matter. � It has been suggested that Mr. Petersen purchase the adjoining property and combine both properties � into one big lot. While this may sound like a good solution, it is extremely impractical and � perhaps impossible. The adjacent property is . tax forfeited and will be auctioned off later this summer. The back taxes alone are over � $10, 000 and one cannot predict what will be bid for the property over and above the back taxes. � Moreover, there are redemption rights to be considered, as well as the first refusal rights • of the City and the problems of obtaining clear title. Mr. Petersen cannot afford an additional � $10,000 plus for this land or the additional � time before he can get clear title. This property is not readily available now and may never be � available for purchase. � As stated earlier, the property had been platted over 80 years before the zoning restrictions were � adopted. The property is the largest lot in the � subdivision and is the only lot which is not developed. Prior to 1967, Mr. Petersen' s predecessor � in title could have built a house on the property and there would have been no restrictions in the � sale of the dwelling and land to Mr. Petersen. Should Mr. Petersen be penalized for the failure • of his predecessor in title to build on the property? � The uniqueness of the property is also demonstrated � by the fact that the property has been assessed for sewer and water. Implicit in an assessment � of this nature is a finding that the lot is build- able. If the lot is unbuildable, the assessment � is invalid. • Of primary concern in the granting or denial of • any variance, aside from the hardship to the owner, is the interest of the City. Factors to consider � in analyzing the City' s interest are the welfare of the community and the City' s planning objectives. • The welfare of the community can only be enhanced � by allowing Mr. Petersen his variance. To deny ' the variance would be to sterilize the property. Since the property would be unbuildable, taxes and special assessments would be unpaid. If the variance is granted, a dwelling would be placed on the property � and the taxes and special assessments would be paid. (Continued) ♦ � � ., � . ORONO COUNCIL MEETING HELD FEBRUARY 28, 1977 Page 20 � The tax base for the City would be increased to LETTER - GARY PETERSEN the benefit of the community. Moreover, the 3545 Ivy Place � house Mr. Petersen plans to build on the property (Continued) is a quality house which would increase the ` property value of the surrounding lots. � Not only would the variance enhance the welfare � of the community, but it would have no adverse effect. Since sewer and water is in, there � would be no pollution or environmental concern. It obstructs no one' s view of the lake. In fact, � the houses across the alley all face the lake • and most have their garages and fences along the alley. Mr. Petersen has spoken with several � of the neighboring property owners and none have expressed any concern or objections about his � proposed house. � The only legitimate concern the City has expressed is their planning objective, which, if analyzed, � is not significant in this case. One must � remember that this whole neighborhood was platted in 1885 and developed years before the City even � envisioned a zoning code. The character of the neighborhood was set in 1885 and firr.11y established � in the first half of this century when the hornes were built on this property. While this neighborhood • may not conform with contemporary planning standards � of lot size and width, this is not a modernly de-signed neighborhood. The character and design � of this neighborhood were struck in the early 1900' s when this property was platted and developed. � Al1 the lots, except P4r. Petersen' s , are 50-foot lots. As noted earlier, I�ir. Petersen' s lot is • the largest of the subdivision. Unfortunately, this size lot was standard when this subdivision � was platted and develped. I 'm sure everyone wishes� � that the _ lots were bigger and that the subdivision were planned differently, but that is ir.ipossible � to do at this late date. It is not practical to impose 1977 planning objectives on a lot which � � is part of a subdivision and neighborhood which was planned and developed according to planning � objectives in 1900. Refusing to allo�v Mr. Petersen • to build on the lot or reguiring him to somehow ' purchase additional land, which r,►ay not even be � available, will not aid the planning objective in that subdivision. Any larger lot would stick � out like a sore thur_ib and not be in conformance with the character of the neighborhood. Planning a objectives must be realistic and should take into consideration the average lot size and general � character of the neighborhood. P4r. Petersen' s lot is larger than the average lot in that sub- division and is in conformance with the general � character, use and plan of the neighborhood and should not be denied a variance. (Continued) � � � � ORONO COUNCIL MEETING HELD FEBRUARY 28, 1977 Page 21 � If the Council were to grant a variance in this LETTER - GARY PETERSEN case, it does not necessarily raean that any 3545 Ivy Place � substandard lot would be entitled to a variance. (Continued) ` Each lot must be taken on its own merits and considerations which would prompt a City Council � to grant a variance in one case may not be present in another. A precedent wou�ld not � be established if a variance were granted in the present case. • • In summary, the equities in the present case clearly warrant the granting of a variance and � the failure of the Council to do so would be arbitrary and capricious. • End of letter � Mayor Van Nest cor.►mented that the City staff � had not received this letter for their review. � Mayor Van Nest moved, Massengale seconded, to � abate the water and sewer assessments on sub- standard Lot 184 and part of Lot 185, 3545 Ivy � Place, in the amount of $225 because of a City error in assessing substandard lots. Psotion, • Ayes (5) - Nays (0) . • • Dick Benson, City Administrator, stated that the FRESHP7ATER BIOLOGICAL Freshwater Biological Institute requested an INSTITUTE - ABATEMENT � assessment search in October, 1976. On Noveriber 10, REQUEST 1976 , the City of Orono received $17, 154. 16 paying a the assessments in full with the exception of the principle and interest due on the tax statement � for 1976. The FWBI assumed that when they requested an assessment search that it would include the � amount of assessr.ients remaining on the tax statement. � Therefore, the second half of 1976 assessrlents reflected on the tax statement were not paid. � Penalties and interest have accrued and the FWBI wishes to have the Council abate the penalties � and interest. . w The attorney attempting to transfer the deed to • the U of bi from the FWBI should have discovered that the second half of 1976 special assessments � had not been paid and, therefore, were delinquent. The F[�TBI has paid the balance of assessments due � in the amount of $1,557.18 and should also be r�sponsible for the interest and penalties due � thereon. Therefore, I do recommend that the City of Orono does not abate the interest and penalties � at this time. ��n��� � � � � ! � ORONO COUNCIL MEETING HELD FEBRUARY 28, 1977 Page 22 � Welsh moved, Butler seconded, to denl the request FWBI - ABATEPriENT DENIED of the Freshwater Biological Institute for an �abater.►ent of penalties and interest on their • special assessments for 1976. PZotion, Ayes (5) - Nays (0) . � � Mr. Alan Olson, Assistant Building & Zoning DUCK PROBLEM STATUS Administrator, stated that inspections were made • Monday, February 28, 1977 in the morning regarding • the duck complaint, as follows: S l. Lloyd Nehring, 1972 Shadywood Road: About 100 ducks within the fenced area around � the docks at 9: 50 A. M. No ducks on this or adjacent yards. Several ducks were on the • open ice in front of this property. There was a small (100 sq. ft. ) area of open water � but no sign of seed on the yard or the ice. � 2. Howard White, 3908 Cherry Avenue: � About 50 ducks within the fenced area around the docks at 9 : 40 A. M. No ducks on the � open ice or in this or adjacent yards. There was a bubbler operating and an open water • area estimated at about 250 sq. ft. There �vas no sign of feed on the yard or the ice. � P�Ir. Bruce Malkerson, City Attorney, gave a status report stating that he had talked to PSr. Blum, � attorney representing Mr. White and Mr. Nehring, and that Mr. Blum will advise his clients to cease � feeding the ducks and that the Building & Zoning Department will inspect the areas each day to � docur.ient conformance to Orono' s previous action. � � Dick Benson, City Administrator, stated that Mr. VO-TFCH SCHOOLS . John Lobben, representing Hennepin County Vo-Tech, � approached the City staff during the month of October and the City Council November 8, 1976, stating that r he is requesting the City of Orono to consider and respond to their request in providing utilities and � other local services as requested by the Vo-Tech � proposal. The City of Orono responded by Resolution #737 on December 13, 1976. The City has received + a letter from the Vo-Tech Board and Superintendent stating that the resolution, as adopted, is premature, � based on prerequisite and speculative information that has not been available, presented, and sometimes � is inaccurate. Mr. John Lobben has met with me and • has discussed the resolution as adopted. I have rec�uested him to be at the February 28 , 1977, Council � meeting. � (Continued) � � � . . ORONO COUNCIL MEETING HELD FEBRUARY 28, 1977 Page 23 � Mr. John Lobben discussed with the City Council VO-TECFi SCHOOLS that Vo-Tech is studying long-range plans to (Continued) � construct a Vo-Tech School in this area. The State Board of Education has requested Vo-Tech � staff to work with the cities involved and attempt • to reach an agreement with them. Mr. John Lobben continued by stating that our study � process has taken more time than originally expected and we do realize there has been a lack � of communication. � Mayor Bran Van Nest commented that Vo-Tech' s recent • letter to Orono dated February 10, 1977, states: � Joint Independent School District 287 has carefully considered a "Resolution• Regarding the Proposed � Future Construction of the Joint Independent School District No. 287 Area Vocational-Technical � School Located on the South Boundary of the City • of t�edina" adopted by the City Council of the City of Orono on Decmeber 13, 1976. � We appreciate your identifying the concerns which you foresee as possibly associated with our proposed West Campus. As stated earlier, we are currently conducting relevant studies on previously requested areas and will make certain that the items identified in your resolution are included. . Based on our knowledge of campus plans and service possibilities, we do feel at this time that your concerns can be favorably addressed. + The decision of the Council to adopt this resolution was r,tost unfortunate since several of the assumptions r listed are- actually inaccurate and-�t -times incon- sistent- and :unequaily applied. In �he absence � of-pertinent information, conc�usions appear to • have bsen reache�3 based on ;misinformation and speculation of West �ampus plans, needs and impact. � The Orono City Council has yet to have been presented with information on West Campus operations from � which one could determine the extent of municipal service needs, urban/rural nature, possible development � inducement or consistency with cor,ununity planning. • Thus far we have only shared a long range conceptural plan believed to be implemented sometime in the early � 1980 ' s using data from our north and south campuses and have asked that the possibility of a West Campus be included in your comprehensive plans, especially as they relate to the possibility of a sewer interceptor to the area of the site. � (Continued) � r � � • . . ORONO COUNCIL MEETING HELD FEBRUARY 28, 1977 Page 24 r Several possibilities do exist which would lessen VO-TECH SCHOOLS and in some cases eliminate the municipal service (Continued) �demands assumed in the resolution. Likewise, to • arrive at a conclusion that the West Campus would be "development inducing" certainly requires more � information than presently considered. This has not been the case at either our north or south � campus. � Our intention in writing this response to your • resolution is not to argue, antagonize or to be erroniously interpreted as being opposed to the comprehensive planning of Orono, since quite the opposite is the case. Rather we want to point � out that we sincerely feel that prerequisite information has not been presented nor considered � and ask that you reserve judgment until that time. Any action until then is arbitrary being based on � speculation and information which is incomplete, • not available, not presented. . . and in some cases, inaccurate. � We, as a collective effort of thirteen suburban school districts, are trying to respond to the identified needs of West Hennepin high school, post secondary, and adult citizens, including those of the Mound and Orono School Districts. We purchased -' the site in 1970 for that stated purpose. We have • since researched several items in our planning process including those which you identified of � declining enrollments and surplus buildings and still conclude that the West Campus is a most � feasible and necessary solution to meet the needs of those who are currently being denied or who � are now on a lengthy waiting list or traveling � considerable distances to our North or South campus in order to learn a skill and become a fully � contxibuting member of their community. To serve these citizens we need your assistance and co- � operation. � Dr. Richard E. Emery, Superintendent � Byron Brekke, Chairman of the Board End of letter � Mayor Van Nest stated that the above letter seems to indicate that Orono' s resolution was premature, and repeated Mr. John Lobben' s letter of November 8, � 1976, which states: . (Continued) � � � � OROi30 COUNCIL MEETITIG HELD FEBRUARY 28, 1977 Page 25 � . We are taking this opportunity to request your VO-TECH SCHOOLS consideration of the Joint Independent School (Continued) � District i1o. 287 need for sewer service to its proposed West Site Campus located immediately north of County Road No. 6 in Medina. � As you know, our West Site Campus property is . 171 acres in size (with 23 proposed additional acres) being four quarter sections and a 10 acre � parcel bordered partially on the west by Homestead Trail and on the east by the Medina-Morningside � residential development. We propose to develop a complete area vocational-technical school � complex consisting primarily of a main building eight acres in size with a student capacity of 2, 400 high school, post-secondary and adult + education students on a multi shifted basis. Our current development schedule is tentative because we are not able to program the various � governmental authorizations which must be obtained. However, we hope to commence campus construction ' activities in 1978 with the detail design phase of the project. This would mean sewer service facilities will be needed by the year 1980. Mayor Van Nest continued that our Resolution #737 expressed Orono' s conern so that the staff at Vo-Tech could address itself to these specifics. There is nothing premature when conter:�plating long range planning. Orono has not had any communication from Vo-Tech from 1970 to 1976. � John Lobben stated that traffic, sight feasibility, � environmental assessments, an�3 storra water runoff are being studieci. � Mayor Van Nest commented that Orono wants input and does want to be included in all studies. An urban facility in a rural area is of major concern. Mr. Lobben presented copies of Analysis of Environmental Concerns, Traffic Studies, Site Analysis and a t, summary letter fx'om the environmental consultants for Orono review. Dick Benson, City Administrator, presented to the COr�IPUTER PROGRAMS City Council a status report on computer programs. � I. General Operations As of January 1, 1976, the City of Orono had the following services performed by the Maple + Plain Company at a monthly cost of $375.00: � (Continued) ! � � ORONO COUNCIL MEETING HELD FEBRUARY 28, 1977 Page 26 � Accounts Payable checks COPSPUTER PROGRAMS Accounts Payable prelist (Continued) � Biweekly Payroll (checks and register) and W-2 's at year end � General Ledger monthly with running balances General Ledger yearly summary detailing all transactions at year end � To date, these programs have been satisfactory � with the expection of the payroll and some additions to the general ledger. I am anticipating that by June or July of 1977, we will have t�e payroll sophisticated to the point where all departmental costs will flow directly from the payroll to the general ledger, thereby, eliminating the journal entry maintenance that is now required. I am also hopeful of incorporating the budget and a percentage of budget expanded into the general , ledger program by line items, thus eliminating the need for a quarterly budget report which is now done manually. The foregoing program modification should reduce the man hours on those functions by 10$. This reduction will come on top of the approximately 25$ savings in man hours already attained through the computer use for those functions. II. Sewer & Water Operations � Beginning with the quarter ending Dlarch 31, 1977, the sewer and water utility will have an entirely new and much improved billing and � collection program at a projected cost of $500 to $1,000. The new program will be based on a combined charge and collection system rather than on a separate run for each function as is the current system. The collections shall be broken down by fund for the first time, thereby S eliminating the need for an allocation of collections by fund at the end of each year. There will no longer be a need to manually compute the receipts for the general ledger as this information will flow directly to the general ledger thereby cutting an estimated 5� from the man hours � currently needed. I do not anticipate a significant increase in the $0. 20 charge per account billed. The average �illing cost has been about $240. + (Continued) � � � , ORONO COUNCIL MEETING HELD FEBRUARY 28, 1977 _ Page 27 a III. Liquor Operations COMPUTER PROGRAD�S � (Continued) The liquor store inventory has been on the computer for the past two years and has cut about 15� from the account clerk' s time spent on this function. The cost for this service is $125. 00 per month. This program has proved to be very accurate and is the basis for eliminating tv�o of the four quarterly physical counts of inventory a at the liquor store. IV. Other Future P4odifications Anticipated � For the future (1977-79) , I hope to include � in the general ledger the Liquor Fund and the Federal Revenue Sharing Fund both of which are currently maintained by hand arid have separate ' bank accounts. ' I would also eventually like to expand the general ledger to include control and subsidiary accounts for all accounts needed. In conclusion, I feel that the Maple Plain Company has provided many very useful services and has provided these services at a reasonable cost to the City. I would also like to thank Joan for lending a hand with this memo by letting me tap her personal "memory banks" . Mr. Bruce Malkerson, City Attorney, stated that HENNEPIN COUNTY SALES Dick Benson, City Administrator, and P4ayor Brad R.ATIO STUDY Van Nest had met with the other representatives of the West Hennepin County Assessment District, which is composed of the cities of Orono, Minnetrista, Spring Park and Minnetonka Beach, pursuant to a joint powers agreement. The West Hennepin County Assessment District was created at an annual cost S of $50,000, of which Orono pays $30 ,000 each year, � in order to equalize taxes at the school district level since all of those cities were in the same + districts. At that meeting, it was noted that the Hennepin County Assessment Office refused to provide to the ' district or to the cities the sales ratio study which is compiled annually by Hennepin County from sales in the cities and which is used by the County to determine what the limited market value will be for each home. Hennepin County uses its information from its sources as to sales, and the inforr►ation t submitted by each city as to sales and assessed valuations by the city, to deterrtine that limited market value. Of course, to the extent that the limited market value is high, the taxes paid by all citizens in Orono will be that much higher. (Continued) f , , ORONO COUNCIL MEETING HELD FEBRUARY 28, 1977 Page 28 In the past, Orono has attempted to obtain that HENNEPIN COUrdTY SALES information in order to determine whether or not RATIO STUDY � the �9est Hennepin County Assessment District is (Continued) ' doing its job adequately and in order to determine whether or not Orono and the other ciites in the . district are being treated fairly and are not provided with an additional tax burden just because they .are from the western parts of the suburbs and supposedly are able to bear more easily additional taxes. In the past, the representatives of the County Assessor' s Office ' have refused to p�'ovide that information to Orono and to other cities. Ed Monk is the present deputy assessor for the Hennepin County Assessment Office. Wa�ne Johnson is the head assessor. Monk was at the meeting last week � and adamently refused to provide that information. Dick Benson, City Administrator, notes that if the information used by the County is spotty, that is if it only includes the sales of the more expensive , palatial homes, then everyone in Orono is more apt to have a higher lirlited market value. The City feels that it shouid have a right to inspect these public documents to insure that Hennepin County is treating everyone in a uniform manner. Ed rsonk says there is no statute or adopted ordinance, or rule or regulation that says that this information is not available to the cities, it is just the formal policy of the Hennepin County Assessor' s Office not to provide same. S Further information will be at the Council meeting : of P�arch 14, 1977. ~ Butler moved, Welsh seconded, that the date of BOARD OF REVIEW � May 24, 1977 at 7: 30 P.M. for the Board of Fteview May 24 , 1977 meeting, is approved. P�otion, Ayes (5) - Nays (0) . � Welsh moved, Butler seconded, that an executive EXECUTIVE SESSION session has been called for Thurdsay, �'Iarch g , Psarch g , 1977 1977 at 7: 00 P.M. to discuss the 1973-1 litigation. Motion, Ayes (5) - Nays (0) . � Dick Benson, City Administrator, stated that it WORK SESSIONS has been suggested that the City Council and Planning Commission hold a combined work session each nonth, preferably on a Thursday of each r►onth at 7: 00 P.M. If this is to be approved by the City Council, we will publish a public notice to this � effect. An agenda will have to be available and � minutes will have to be recorded. (Continued) � � , � OR0210 COUNCIL MEETIPIG HELD FEBRUARY 28, 1977 Page 29 � Mayor Van Nest moved, Butler seconded, to approve WORK SESSION a work session for Thursday, March 17, 1977 at (Continued) 00 P.M. for the Council and Planning Comr.mission. • he agenda shall include: � 1. Platting Ordinance 2. Dry Land Boat Storage � 3. Private vs. Public Street Policy :� Motion, Ayes (4) - Nays (1) . Councilmember Welsh Nay. � • � Dick Benson, City Administrator, informed the City 911 TELEPHONE SYSTEM � Council that we are in receipt of a letter from FINANCING Sheriff Don Omodt, HECO President, which states: • At its most recent meeting on February 9 , 1977, • the Hennepin Er.►ergency Comriunication Organization ; (HECO) unanimously adopted the enclosed "Statement of Policy: 911 Telephone System Financing" - a � proposal recommending statewide financing of 911. Hopefully, this proposal will receive the su�port + of all municipalities in the County. � Because time is a critical factor in getting this matter introduced during the current legislative �ession, it is essential that those municipalities • hich endorse this proposal indicate their support by passing a resolution similar to the sample � enclosed herein as soon as possible. The resolution enclosed is intended to be a sample document. You � may want to adopt the sample resolution in its � entirety or may wish to make certain changes to • conform to the particular needs and desires of your governing body. In order that this matter � is handled in the r►ost expedient manner possible, � I urge that you include the final paragraph of the sample document in the resolution adopted by � your particular Council. This will enable the proper individuals to keep informed as to the f current status of support from municipalities in the County. • . Welsh moved, Massengale seconded, to table the request of the financing of the 911 Emergency � Telephone System until direct costs to the City and other supportive information is available. � Iyiotion, Ayes (5) - Nays (0) . • � � � � ' � , , • ORONO COUNCIL MEETING HELD FEBRUARY 28 , 1977 Page 30 � Dick Benson, City Administrator, informed the City DiINNEHAHA CREEK WATERSHE] Council of the following letter from the P4innehaha DISTRICT P�IEETING �Creek Watershed District dated February 24 , 1977: � As you know, the Minnehaha Creek Watershed District � has been petitioned by the Lake Minnetonka Conser- vation District to investigate the feasiblility + of the creation of upland surface water storage and retention areas in the Lake PZinnetonka drainage �► basin. The preliminary study of the project has been completed by the engineer for the watershed � district and will be the subject of a public hearing • to be held this spring. Subsequent to the public hearing, the Board of PZanagers of the watershed � district is required by law to make a determination as to whether the project would be in the public � interest. � The Board of Managers of the watershed district would like to arrange meetings with representatives � of each municipality or other governmental sub- � division potentially affected by the project, which is the reason for this letter. We will make ` available representatives of the Board of Managers and of the watershed district engineer' s office � to meet with whatever elected officials and staff personnel you think would be appropriate, to discuss the implications of the petitioned project. �aould • ou please contact either myself at 920-3585 or John Holmguist of the engineer' s office at 473-4224 so �, that we can arrange for a mutually convenient time to meet. I can assure you that no action will be � taken by the Board of P�anagers of the Minnehaha Creek Watershed District to proceed with the petitioned � project until we have had an opportunity to discuss the r.matter with all affected governmental units. • � Lawrence E. Kelley, President + Mayor Van Nest stated that we support the concept but that the details are unclear and requests the � Minnehaha Creek Watershed District representatives to appear at the P7arch 14 , 1977 Council meeting. � + Dick Benson, City Administrator, presented the ACTUAL USE REPORT NO. 7 � Actual Use Report No. 7 required by Federal Revenue Sharing for the period July l, 1976 through December 31, � 1976. The total amount expended, ($231) , during this time period was for printing and publications. � Butler moved, P�assengale seconded, to approve the � Actual Use Repart No. 7, for the Federal Revenue �haring for the period July 1, 1976 through December 31, 1976. Motion, Ayes (5) - Nays (0) . � � • • r . � ORONO COUNCIL MEETIrIG HELD FEBRUARY 28, 1977 Page 31 � Dick Benson, City Administrator, presented a Notice LONG LAKE-NESLUND of Dismissal to the City Council in the matter of DETACHMENT - ANNEXATION � the petition for the detachment of certain land • from the City of Orono, Hennepin County, Minnesota and annexation to the City of Long Lake, Hennepin � County, P4innesota, which states: M This is to advise you that the P�innesota Asunicipal Board has dismissed the above-described matter for � lack of jurisdiction due to the failure of the moving party to submit a proper petition. r � • The property proposed for concurrent detachment from the City of Orono and annexation to the City � of Long Lake was described as follows: e All that part of the South Half of Section 35, Townsliip 118, Range 23 bounded by the northerly • line of the Minneapolis Industrial Railway Company • railroad right-of-way, the northerly line of the Burlington Northern, Inc. railroad right-of-way � and the southwesterly line of Orono Orchard Road, except that part now within the City of Long Lake; � and that part of Orono Orchard Road lying within the Southeast Quarter of the Southeast Quarter • of Section 34, Township 118, Range 23. �Dated this 16th day of February, 1977 � Minnesota P�lunicipal Board � William A. Neir.lan Executive Secretary � • Dick Benson, City Adr_iinistrator, presented to the AMEND RESOLUTION #717 City Council a request from Allan T. Quello regarding Farview Plat � the Farview plat, which states: S Please find enclosed herein a copy of Resolution #717 � entitled "Resolution Approving Plat". Said resolution provided that it would expire on January l, 1977 if � the plat was not filed by that date. It was impossible to complete the filing of the plat by that date; � therefore, it is necessary to amend the resolution so . as to provide for a later date. The plat bears the date January 20, 1977. � Mayor Van Nest moved, Butler seconded, to amend � Resolution #717, A Resolution Approving Plat, for the Farview Plat, to provide an expiration for filing , • date of January 20, 1977. Motion, Ayes (5) - Nays (0) . r � � � • • I • . OROrdO COUNCIL MEETING HELD FEBRUARY 28, 1977 Page 32 � Dick Benson, City Administrator, presented the DOG KENNEL LICENSE FEES following letter from John M. Lanier, 3060 Fox � Street, regarding dog kennels: � At a meeting last evening in the home of Dirs. ,� George W. Ronald of Orono, attended by Mr. 1Maxwell E. Alvord, Ms. P4argie Lyons, Mrs. Ronald, and myself, ` I was asked by the group to express their collective views on the issue of the Kennel License fee increase � from $25.00 to $100. 00 per year. Mrs. Harry C. Piper III had planned to be present, but she was � not in attendance. �' This group, herein named, consists of the only � current holders of a dog kennel license in our City to our knowledge. � It is our desire that our individual dog operations � be designated by the City of Orono as "Hobby Kennels" , i with appropriate commensurate license fee as opposed to a Commercial boarding kennel of regularly � scheduled business operations with resulting income which warrants the higher fee, as do similar � commercial enterprises within the City of Orono. � We respectfully request that the Council adopt as the City Ordinance regulating dogs, the Minnesota � Purebred Dog Breeders Association "Model Ordinance" , • drafted June 17, 1974, and recently submitted to the Council by Mr. Maxwell E. Alvord. � With regard to section H of that document, we � suggest that the title "Residential Kennel" be changed to read "Hobby Kennel" , and that such a � kennel be designated as a place where three or more dogs are kept for the purpose and under 0 the conditions therein stated. � We respectfully suggest that the present kennel � license fee of $25. 00 be kept in effect for such an operation, in defference to the overall good � record and willing compliance with City laws, and wishes of the Council by all the current holders 'a of a kennel license in the City of Orono. � End of letter � Paurus moved, Butler seconded, to instruct the � legal department to review in part minimum standards as submitted by the Psinnesota Purebred Dog Breeders � Association considering a $25. 00 fee for Hobby Kennels and submit for the March 14 , 1977 Council � meeting. Motion, Ayes (5) - Nays (0) . � Paurus moved, Massengale seconded, to extend the � dog kennel licenses until March 14, 1977. Motion, Ayes (5) - Nays (0) . � • � . . � ORONO COUNCIL P�ZEETING HELD FEBRUARY 28, 1977 Page 33 � Dick Benson, City Administrator, informed the LEGAL FEES City Council that in reviewing retainer (General �Matters) fees and hourly rates for Orono' s Legal • Department, it has been determined that the legal rates we are now paying are definitely low: � $500 per month and $30.00 per hour. S I recommend an increase effective April 1, 1977 of $100 per month to $600 per month for retainer • fees and $10. 00 per hour to $40. 00 per hour for other legal matters. • � Butler moved, Massengale seconded, to adjust the fees for the Legal Department to $600 per nonth � for retainer fees and to $40.00 per hour for other legal matters, effective April l, 1977. � Motion, Ayes (5) - Nays (0) . � Dick Benson, City Administrator, informed the REGIONAL TR.AILS PLAN • City Council that a public hearing has been scheduled on Thursday, March 3, 1977, at w 1: 30 P.M. in the Metropolitan Council Chambers, 300 P�etro Square Building, 7th and Robert Streets, � St. Paul, P�innesota. � The drafte�l Regional Trails Policy Plan has been prepared by the Metropolitan Parks and Open Space �Commission and its Regional Trails Advisory Task • Force. After changes are made in the plan as may be needed following the hearing, the Regional � Trails Policy Plan will be considered for adoption by the Metropolitan Council as an amendment to the � Council' s Development Guide/Policy Plan for Recreation Open Space. i • The purpose of the Regional Trails Policy Plan is to provide policies, standards, a system plan ` and priorities for funding the acquisition and development of a regional trails system. Im- � plementation of the plan is dependent upon future legislative authorization of funding for regional � receation open space. • Mayor Van Nest commented that Orono' s concerns • are an apparent lack of interest on the part of the Metropolitan Council and the Department of � Natural Resources in providing adequate provisions for policing when formulating a trails system. The � DNR Trail located on the old Luce Line right of way is a good example of Orono` s concerns. � S Massengale moved, Butler seconded, to refer the �Regional Trails Policy Plan to the Bike/Hike Trails Committee and the Park Commission for review and recommendations. Motion, Ayes (5) - Nays (0) . � � • • r . ' ORONO COUNCIL MEETING HELD FEBRUARY 28, 1977 Page 34 e Dick Benson, City Administrator, presented to the REGIONAL SPECIAL USE SITE City Council a drafted Regional 8pecial Use Policy �lan from the Dsetropolitan Council. A public hearing has been scheduled for the purpose of � discussion and to receive public comment on the � draft to be held on Thursday, March 3, 1977, at 1: 30 P.M. in the Metropolitan Council Chambers. � The drafted Regional Special Use Policy Plan has � been prepared .by the P�etropolitan Parks and Open Space Commission and its Special Use Advisory � Task Force. After changes are made in the plan � as may be needed, following the public hearing, the Regional Special Use Policy Plan will be � considered for adoption by the Metropolitan Council as an amendment to the Council' s Development � Guide/Policy Plan for Recreation Open Space. � The purpose of the Regional Special Use Policy Plan is to provide adequate policies, standards, and � criteria for identifying regional recreation • special use sites and setting regional priorities for funding of such facilities. The funding � needed to implement these priorities is dependent upon future legislative authorization of funding � for regional recreation open space. �iKr. Tom Nelson informed the City Council that ICE ARENA FEASIBILITY � Mr. Arthur Nickolas was retained by the City of REPORT � Orono, Orono School District, l�iound School District, and Orono and Mound Hockey Boosters to initiate � an ice arena study for the Mound and Orono areas encompassed by the West Hennepin County area. � Mr. Nickolas has completed his obligation to 't us and has been fully paid for his services. � The study was complete and contained valuable data. ' Conclusions are: r 1. Probable use up to 650 of the time determined feasibility. • 2. Financially feasible with portion being • financed by private concerns. 3. Donated lands feasible. � 4. Separate sites vs. central locations were favored. • Mr. Nelson continued by commenting that the Mound � School Board has taken action and will hold a referendum May 17, 1977. Total monies needed are � $500, 000; $400,000 referendum and $100,000 private �ontributions, with the School donating the land. . Massengale moved, Welsh seconded, to accept the Ice Arena Feasibility Report in its entirely and � thank 1Mr. Nelson for his excellent input and contributions of time and efforts. Motion, Ayes (5) - � Nays (0) . w r � � . ORONO COUNCIL MEETING HELD FEBRUARY 28, 1977 Page 35 � Mayor Van Nest cor.imented on the rules and regulations METRO SIGNIFICANCE related to Metropolitan Significance stating that Rules & Regulations � there are definite matters of concerns that Orono should address themselves to, such as: � • The issuance of a land use permit in an outlying community for a critical development which could � reasonably be expected to lead to: � a. The premature expansion, construction or extension of use in excess of capacity of a • public sewer facility or a metropolitan ' � i transportation facility, or � b. The disruption of agricultural use in a commercial agricultural area. • "Critical development" means the di�iision of land � into three (3) or more parcels or lots which if totally occupied by dwelling units would result • in a density of greater than fort� (40) units per • square mile in any section, or portion thereof in the rural service area, in any section within � which a parcel or lot is located; or the construction or placement of dwelling units in previously � platted or unplatted areas which would result in the same density; or the construction or establishment � or a residential, commercial, or industrial use for which a new national pollution discharge � elimination system or state disposal system permit + must be issued. � "Outlying communities" in Hennepin County are: � Brooklyn Park Independence Plymouth Champlin Loretto Rockford � Corcoran Maple Grove Rogers • Dayton Maple Plain St. Bonifacius Greenfield Medina � Hassan Township Minnetrista Hanover Orono � Councilmember 24assengale commen�ed that, in part, ! the rules and regulations appear to be very unreasonable. � � Dick Benson, City Administrator, informed the City APPOINTMENT ` Council that John Jensen has submitted his resignation, rZark Anderson effective February 28, 1977. The process to replace Patrolman � his position will commence on February 15, 19�7. The Department has an existing eligible roster for � patrolmen derived from extensive rigid testing completed � March 20, 1976. This list consists of Barry Swensen, idark Anderson and James Berge. One on the list, Robert � Nicholson, has accepted a position with the Brooklyn Park Police Department and will submit a letter � resigning his position on the list. (Continued) • � • � - ! OROt10 COUNCIL MEETING HELD FEBRUARY 28, 1977 Page 36_ � On February 15, 1977, we interviewed Mark Anderson APPOINTMENT and Barry Swanson. D4r. Mark Anderson was the (Continued) �unanimous choice for the replacement for retiring John Jensen. � • He will be going for his physical on D4onday, February 28, 1977, at the St. Louis Park Medical � Center at 1: 30 P.P4. with Dr. Cohen. � Background checks will be performed by myself commencing immediately. Mr. Anderson' s starting � salary shall be $1,093.91 per month. � Butler moved, 2�assengale seconded, to appoint Mr. � Mark Anderson, Police Patrolman, effective February 28, 1977, at a starting salary of $1,093.91 per month, � subject to a satisfactory physical and background check. Motion, Ayes (5) - Nays (0) . � � P�ayor Van rdest moved, Massengale seconded, to table MC CLEARY RESOLUTION � the James McCleary, Stubbs Bay i�arina, 3445 Bayside Road, resolution until the meeting of r4arch 14, 1977. � Motion, Ayes (5) - Nays (0) . � Butler moved, Welsh seconded, to table the Septic SEPTIC SYSTEMS REGULATIO] � Systerns Regulations until the meeting of D4arch 14, • 1977, when more information will be available. Motion, Ayes (5) - Nays (0) . � � Butler moved, Welsh seconded, to table the Flood FLOOD PLAIN MAPS Plain Maps when other pertinent information will be � available. Motion, Ayes (5) - Nays (0) . • * Welsh moved, Massengale seconded, to approve the LICENSES following licenses: 24otion, Ayes (5) - Nays (0) . � Kennel License � Norman Larson - Wayside Kennels r Cigarette License Koehnen Standard Service Station � � Thompson Plumbing Company, Inc. - Plumber � Butler moved, Welsh seconded, that the All Funds BILLS � Accounts 4793 through 4864, 19502 through 19506 and Liquor Store Accounts 11782 through 11822, be • paid. Motion, Ayes (5) - Nays (0) . _ � __ _ _ __ � � � � i . � . • ORONO COUNCIL MEETING HELD FEBRUARY 28 , 1977 Page 37 � Butler moved, Welsh seconded, that the r.teeting ADJOURNMENT be adjourned at 12: 00 midnight. Motion, � Ayes (5) - Nays (0) . � � � ,� � �� / � • ;l �� � � �/ / � � ,���'(..� t. �� � �. � "� / � � William B. Van Nest, Mayor � __ � � Attest: � �� « Walter . , Clerk-Admi istrator � � � � � � � � � � � � s • � • • s • • � • • � � • � •