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Home My WebLink About02-14-1977 Council Minutes � - CITY OF ORONO � � � • Regular Meeting of the Orono Council, 7: 05 P.M. February 14, 1977 + I'he Orono Council met on the above date with � the f_ollowing members present: Mayor Van Nest, Councilmembers Butler, P•4assengale, Paurus , and � ��elsh. Also present: City Administrator B�nson, • I3uilding & 7oning Administrator Muhich, Assistant Building & Zoning Administrator Olson, City � I�ttor_ney Malkerson, and City Fngineer Fr_ank. � �tlt7.er rnoved, Massengale seconded, that the MINUTES � t�l.inutes of the Regu]_ar Meeting of January 24, 1977 , be aPproved as amended, r'Iotion, Ayes (5) - �Tays (�) . � � No con�nents f_rom the Park Corn�;�ission. P71RK LOI�3P1I�S10N � No comments f_rom the Human Rights Commission. HUMAN RIGHTS CO2�ZNIISSION � No comments from the Planning Commission. PLANNING COMNIISSIOrI � �iE�nry rsuhich, Btiilding & Zoning Administr_ator, DUCK PROBLFM � presented to the City Council documents on the duck problems at Howard White' s property at � 3908 Cherry Avenue and at the Lloyd Nehring' s �roperty at 1972 Shadywood road. • ;�ir, i�uhich' s memo dated February 2 , 1977, states : � T_ . Research Procedure January 10, 1977 - Received two petitions � rF�garding complaints from neighbors of two • • Or.ono residents who have been feeding wild ducks. • l. Petition #1 - 55 signatures (29 properties) � R�: Howard White - 3908 Cherry Avenue Petition concluded the feeding of wild ducks � .:nd ge�se results in unsanitary conditions of • public beaches and private docks , lawns and shorelines (health hazard) . Winter de-icing . �c;uipment provides open water area for water iowl but creates a danger_ous situation for � t:�e public depending on adequate ice cover for access and use of the lake in the winter. � 2 . Petition �2 - 45 Signatures (24 Properties) � Pe : Lloyd Nehring - 1972 Shadywood Road i P,tition fr_om neurby reside�Zts requesting 0Y-o�7o City Council adopt an ordinance for}�idding � feeding and caring of wildlife and water fowl which results in domesticating of wildlife and creates an unnatural habitat and migration ��attern of sai_d wild_life. (Continued) � � OR(�NO COUNC IL r'LEETING IiELD FEBRUARY 14 , 19 7 7 Page 2 � ! January 10 , 1977 - Petitions presented to Council DUCK PROBLEM (Meeting of January 10 , 1977) (Continued) 1. Deferred decision for lack of time for review and staff reports. � 2 . Felt initiating procedures for adopting ordinance forbidding feeding of wildlife might be over reaction. Ordinance might be impractical � and difficult enforcing - Orono is a nature area. (Feeding of wildlife could be common practice of tourists and residents without intent to disrupt natural patterns . ) 3. Directed Staff investigate and report on existing problem with suggestions and recom- � mondations for resolving said problem. * January 11, 1977 � Instructed Alan Olson investigate problem through contacting various agencies such as our health officer, P.C.A. , Gar.1e and Wildlife, n.N.R. , Game Warden, or others that might be referenced by the preceding agencies. � January 28, 1977 Have not as yet received any report on subject so initiated project myself. Called Wayne Anderson of P.C.A. at (29607326) . Inforned that State offices were closed for energy conservation purposes . � January 31, 1977 Called Wayne Anderson of P.C.A, again. Again � informed State offices closed for energy conser- ' vation purposes. � January 31, 1977 Called Dr. Larry Gallagher (Area Health Officer) ' at (472-1144) . Was informed Monday was his day off. � When I asked if there riight be anyone else who could help,the receptionist inquired about the - extent of emergency. ��7hen I explained the problem • to her ,she told me long range problems such as ours were conducted by Dr. Gallagher, the appointed Health � Officer of the district. Substitute officers could be contacted in cases of emergency only. � February l, 1977 � Called Dr. Larry Gallagher (Area Health Officer) again. Scheduled appointment to meet with him at 11: 15 A. P�i. on February 2, 1977. (Continued) � � ORONO COUNCIL MEETING HELD FEBRUARY 14 , 1977 Page 3 � � February 2 , 1977 - Photographed subject properties. DUCK PROBLEM Hundreds of ducks in area - photos on file. (Continued) �i�iet with Dr. Galiagher, Health Officer, to discuss duck problem. He confirmed potential health ` hazard and danger from open water on ice cover of lake. Assured me he would send me a report relative to problems discussed. If I recieve this report before the Planning Commission meeting, I will have copies f_or you. II. Correspondence and Agency Reports Confirming Problem I would like to call your attention to enclosed copies of reports from the University of Minne- sota (F��BI) dated 1-6-77 and 1-7-77 , U. S. Dept. of Interior (Fish & Wildlife Service) dated � 9-7-76 and 1-6-77, D.N.R, dated 1-7-77 and letters of complaint from Peggy O' Reilly dated 1-7-77 and 1-17-77, and notes regarding tele- Phone conversations with various agencies dated 1-6-77. Also enclosed are copies of reports � on swimmers itch and certification of tr_eatment of same by Dr. Seifert of Excelsior, statutes _ pertaining to breeding of game birds and wild- life, and many other copies of numerous reports from D.N.R, and news clippings on the subject. I would like to call special attention to the following comments included in the enclosed r_eports , news clippings and letters. 1. Exhibit A - Paragraphs marked #1 & #2 of Swimmers Itch publication. 2. Exhibit B - Paragraph marked #1 , Page 5 , of State D.N.R. Commissioner' s Order No. 1938. ' 3. Exhibit C - Paragraph marked #1 of June 25 , 1976 D.N.R. Ecological Services Report 4. Exhibit D - Paragraph marked #1 of D.N.R, office memo regarding r�ietro Duck Deaths 5. Exhibit E - Paragraph marked #1 of D.N.R, office memo regarding Pathology, rsallards, etc. � 6 . Exhibit F - Entire memo regarding Patholoc�y report 7. Exhibit G - Paragraph rnarked #1 & #2 of Great Lakes Region News 8. Exhibit H - Paragraph marked #1 & �2 of news clipping from Phil Economon 9. Exhibit I - Paragraph marked #1 & #2 of news clipping frorl Minneapolis Star June 29 , 1976 10. Exhibit J - Entire news clipping from Phil Economon (Minneapolis Tribune 7-29-76) 11_ , Fxhibit K - Statutes regarding game birds & wildlife �2 . Exhibi_t L - Paragraph marked #l, #2 , & #3 of D.N.R. Division of Wildlife Report on Control of Swimmers Itch. (Continued) ` OROrdO COUNCIL MEETING HELD FEBRUARY 14 , 1977 Page 4 � ' S 13. Exhibit M - Peggy O' Reilly' s letter to Dr. Jim DUCK PROBLEM Cooper and attached notes of various (Continued) � conversations with Dr. Cooper and Pir. Roger Holmes 14 . Exhibit N - Letter to P'Irs. O'Reilly from Mr. Wood, Director of FWBI t 15. Exhibit O - Letter to Mrs. O'Reilly f_rom John Ellis of Fish & Wildlife Service ]_6. Exhibit P - Letter to City Council from Mrs. � O' Reilly dated 1-17-77 17. Exhibit Q - Letter to Dr. Wood of F��IBI from Mrs. � O' Reilly dated 1-17-77 18 . Exhi_bit R - Letter to D.N.R, from Mrs. O' Reilly dated 1-17-77 ' 19. Fxhibit S - Paragraphs marked #1 of Professor James Cooper' s letter to Orono Vi_llage Council dated 1-7-77 20. F.xhi.bit T - 3 letters from residents of Johnson � residence at 2056 Shadywood Road to City Council dated 1-31-77 21. Exhibit U - _Letter to City Council from P�Zrs. Joan + Carlson dated 1-30-77 ?_2 . Exhibit V - Letter to City Council from Neil � Blesi dated 1-31-77 23. Exhibit W - Letter to P�Irs . Carlson from Mr. Schilling of P.C.A, dated 1-26-77 III. Conclusions I beJ_ieve our best approach to the problem would be through our nuisance ordinance. It would be difficult to prohibit feeding of any game birds or wild anir.lals as we would have to justify feeding other birds and feeding of animals during extreme winters. r2any of us currently set out S bird feeders winter and summer, and some of the government agencies are 3�nown to have dropped � food for our wild animals during winters of heavy ' snowfalls. � �ae could consider distinguishing between private and public harboring of wildlife. � with some direction from the legal department, I � believe we could proceed on the basis of a nuisance to the community and harm to wildlife. �•7e do have quite a bit of creditable documentation leaning toward this conclusion. Planning Commission Pseeting - February 7 , 1977 Extre:nely concerned over health hazard and the deleterious effect on the ducks 'themselves. After a long discussion during the early hours of the morning, the Planning �ommission recommended the City adopt an ordinance prohibit- ing aerators for ducks (bubblers) without first obtaining a permit, and forbidding the feeding of ducks and other wild water fowl. � (Continued) • V1 � ORONO COUNCIL 2�IEETING HELD FEBRUARY 14 , 1977 Page 5 � � s I�enry PSuhich, Building & 7oning Administrator, DUCK PROBLEM suhmitted Exhibits A through W as documentation (Cont.inued) on t�he adverse affects of feeding ducks. These Exhibits are made a part of the record and are on file in the City office. Mayor Br_ad Van N�st, at this t�_me, asked if the Lahites or the Nehrings had any conunents. There were no comments from the Whites or Nehrings at s this time. , S Councilmember Paurus stated that the LA1CD is s r_eviewing all the de-icing policies on Lake i��innetonka. Counci.lmember �9alt 2�assengale stated that it appear_s that the feeding of ducks is in conflict with other property owners and is in direct conflict with the public safety, health, and welfare of all residents in the area, and that � the level of duck f�edi_ng has become a problem. Councilmember Welsh stated that feeding of ducks is d�priving property ewners of their right to use . their land and that the feeding of ducks does , constitute a public nuisance. Councilmernber �3utler stated that the public safety, health, and welfare has to be addressed to. Mayor Brad � Van Nest asked again if the Whites or Nehrings had any com�-nents at this time. They did not. Dleither wished to coizu-nent. Councilmember Massengale, again, stated that he had reviewed all of the materials � submitted to the City Council by the Nehrings and Whites and all the nei_ghbors who have opposed the feeding of the ducks. He also continued by stating that after reviewing the numerous letters by experts who had been called by the City and others to comment concerning the feeding of the ducks. ; At these areas, it is his opinion that the feeding , of ducks does seriously constitute a serious health hazard to the general public. The feeding of ducks � has created problems on neighboring private property and also public property such as swimmi_ng beaches and public waters and has certainly created an immense problem in all the neighborhoods. Again, Councilmember Welsh stated that upon reviewing all the documentation as submitted by the staff, there is no question that the feeding of ducks is depr_iving adjoining property owners of their lawful use of the properties they have purchased and enjoy. It is certainly resulting in a diminution of value to the surrounding properties. Councilmember Butler, again, noted that after reviewing all materials, it is certainly clear to her that these activities are unsanita-ry and very unhealthy. (Continuc�d) + � �RON'O COUNCIL M�E`PING HELD �EBRUI�RY 14 , 1977 Page 6 ! '��yor Brad Van Nest noted that the Department of DUCK PROBLEM ?�'atural Resources has reported that if the Whites (Co�7f.1 ,1,_zed) � -�nd the Pdetlrings discontinued f_e�ding of ducks or • :7_lo.aed the water to freeze, these ducks certai.nly �aoul_d migrate to the south or go to other ar��as ` �•.her_� there is open water and that the Fish and Garne Department would assist if ducks were fot�nd, + ;�ot sur_viving in these t�ao areas. 71t this tirne, City I�ttorney Bruce Malkerson, noted that feedi_ng � of ducks does constitute a health hazard and is in vi_olation of the public nui.sance chapter of t}1e Ci.ty � of Orono municipal code and is also in violation * of the City of Orono zoning code. The creating, ;�aintenaizce , and promotion of any ��ublic nuisance � is in violation of Or_ono code 82 . 030 , Subsec. 13 & C, 82 . 040, Subsec. E. Also, t11es� activities ��re � in v.iolation of Sections 30--040, 34--031, 34-530 of the Or_ono zoing code and that �.he keepi_ng of • anirnals in a res�_dential district requires a con- ` ditional use Perrnit and there has been no conditional use permit for the ��Thites or tl�e �Tchrings, nor have s they applied for any as such. � �",{yor Brad Van Nest, agai.n, expressed his concerns f_or the wholesale feeding of ducks in the area and � continued by stating that Council conclusions certainly have been based on the expert opinions � that have been submitted to date and that the number • �f ducks that are feeding in i�he areas in qu�stion are presen�i_ng a serious pr.ob]_em t=o everyone. � At this time, Mr. Ron Potas , 2032 Shadywood Road, � read into the record a prepared statement, which states : s PURPOSE � — • Why are We Here? i �ti'e, the residents of Shadywood Road, are here tonight as a group because the Village has failed in the past � four years to be responsive to the comp7_ai_nts , petitions, letters, etc. , of individuals of this �' community regarding the issue of the feeding of ducks by property owners in our neighborhood. The feeding w of_ ducks causes an unnatural environment for the � ducks themselves and creates a natural health hazard ior the cor:li-nunity. We do not understand why the Village � i�as failed to act on our behalf in the past; and as such, submit to you three documents, two of which � come from credible authorities (Minnesota Pollution Control Agency and Fresh��ater Biological Institute) � in the f_ield and the thi_rd a copy of Vi1_lage Ordin�-�nce �2 , 030 (n) �-:nich has not bec�n eniorcE�d. • (Continued) � r f • , ORG<�v0 COuNCIL I�1EI�"iING HELD rEBRUT�RY 14, 1977 Page 7 � � �•de submit to you our case and ask for irrunediate DUCK PROBLEM action from the Village Council to enforce Municipal (Continued) yCode of Orono Ordinance 82. 030 (b) or to pass an ordinance specif_ically relating to the feeding � of_ ducks to prevent Mr. Lloyd T�Tehring, or anyone • c�lr>e, fJ �>:n feeding ducks in our neighborhood. � PROBLEMS CRFI�I.F,D BY 1�'EEDIT;G OF ��U('KS �� l . �wimmers Itch (Schistome Dermatitis) ?. . Docks and boats covered with duck excrernc�nt dai ly � 3 . �'oat covers ��nd canvasses stained 4. Shoreline droPpings with low water cause duck + posioning by a botulinism toxin. � 5. Pollution of t}ie lake by creating an envir_onment for blue- green algae gr_owth. � 6. Open water in the winter without ��i��w fenc,es causes d�.i�,ers to chi_) dren <<�zd ��nowmobiles. � rAC^1S � —___— • l. Frc�;;l�;.,ater Bio)_ogi_cal Institute attachment 2. '�;innesota Pollution Control Agency attachment � 3. Village of Or_ono Ordinance 8?_. 030 (b) attachment 4 . �ictures of ducks and bubbler (to be st�bmitted � upon request to the Village) 5. P�tition submitted to the Village Council in � ).974 that was not acted on. 6. �_�etit.ion of January, 1977 signed by 31 residents � of Sh«dywood Road (in the hands of i.he Village � Covncil) 7. ?3ased on calculations, it is estimated that 7-9 � tons of duck excrement are dr_opped by 300 ducks pc�r month. During the summer months , with the � duck population as high as 500-1 , 000 bir_ds , this increases to 11-22 tons per month of S droppings in our lake and on our shoreline. � Mr. White commented at this time, that his family , does like ducks and ducks were here first. The Nehrings did not make any comments at this time. 1 Mr. Bruce Malkerson, City Attorney, continued by � cornmenting on the applicable provisi_ons of the zoning code. He noted to the City Council and �' the public t.hat the zoizing code states that animals • are conditional use in this residential zone and that the residential lot size be at least two + acres for every animal unit. An animal unit is defined as 50 fowl. There must be at least one � acre for the principal residence and at least one acre for every ani_mal unit. In this case, there � are at least four hundred ducks at each property, pd ther_e is 7 �ss th�_in an acre of 1«_n_d per location. �-- (Continued) � � • � ! �RON�� COUNCIL 2�1EETING HELD FEBRUARY 14 , 1977 Page 8 , � At this time, Mrs. Fern Kubalsky, 1367 North DUCK PROBLEM Arm Drive, commented on the pollution and (Continued) �the unsanitary conditions in the area and he adverse effects on the health, safety, � and welfare of all residents attempting to use the lake and to use the swimming beaches. � Mrs. Kubalsky also stated that the excrement � from the ducks has caused swimrners itch for her daughters and that this is certainly a � health hazard for all residents who enjoy using Lake Minnetonka now and in the future. � At this time, several neighbors voiced their S opinion concerning the open water which does • present a safety problem for children who get out on the ice in the winter. The open � water at these locations is not completely encircled by snow fences and it is possible � for children to fall into the f_reezing �aater and drown. * • All neighbors in the area concurred that this was the situation and that their children were � exposed to the same dangers and were very fearful of drownings. At this time, Councilmember Mary Butler read • into the record a letter from the City Health )fficer which stated that: � • I am writing you as Health Officer of Orono, regarding problems of large congregations �, of ducks inhabiting an area of open water created about bubblers near to 1972 Shadywood � Road and 3908 Cherry Avenue in Orono. It has been brought to my attention that these ducks • have been attracted to the open water and also, • perhaps, feeding in the area that has prevented them from completing their migration south. � This is in an area approaching a public beach � and i feel that these ducks do present a couple of problems. Noise and excreta about would be � somewhat of a public nuisance, as well as the excreta being possibly a carrier of salmonella f' organisms and contaminating the yar.ds and water ` of the area. Also, it has been found that ducks have been increminated in the passage and spread � of schistosomyiasis infections, commonly known as swimmer' s itch. This is a particular problem � in areas of brackish water or shallow areas with muddy or sandy bottoms and freshwater clams. It � �aould be my feeling that if the attraction is �ermitted through the winter, that they would frequent this area in the summer when particularily � the swimmer' s itch would become a problem. (Continued) � � � r , =:U;vc� COu?1CIL .•�t�r�'i�1?:�G HELD rt,3RU�ttY 14 , 1977 Page 9 � I have � a_lked to Bob Jessen, one of the duck DUCK PROBLEM � :�.p�rts with the DNR, who rnentioned to me (Continued) � ��t there is a relationship between 7_arge 1-oncentrations of ducks in an area and an old � ��-�orld disease whi_ch is becoming common in the • l7:>j_t��d States, w]lich is Duck Vi_ra].enter.it�_s, ,•:'�ich can be quite di_sastrous t-o the ducks. i ��'��ese health nrobl_ems , in addition to the � �:;;na�ur_al aspect of this pr�venting their nor_mal : -�_��r_ati.on, woul_d lead me to f�el that some � � �i �.E�rv�nti on shou_ld take place to tr_y and � oi-rect this probl�zn. 1 � T.::77-ry J. Gallagher, M.D. ��alth Officer of Oroi�o t '�_r, t�Th�_f.e stated aL ih�_s ti;�e , that he has � _�o�iced that tlie d+zcks that ne is feedi_ng ,��e getting bigger and there are mor_e of � � `�em now and that the feeding costs to take care � �f the ducks in iront of his hoine has become very exp��nsive. � P��.yor Br.ad Van Nest then coir�-nented that it is � ��bvious from all the testimony heard and t_he c�ocumentation presented that the f��ding of � ,ucks is certainly a public safety, health and + ��lfare pr_oblem and t_he Council has to address i.h�rnselves to this issue. It was also noted by � ��layor Van Nest that the DrIR and wildlife people had commented that all wildliie had an abundant � supply of natural food this winter because of i_he lack of snow. If the termination of f_eedi_ng � of the wi]_d ducks at Nehrings and j�v'hites, we should encounter a late winter storm that would prevent � the ducks from finding natural food elsewnere, it S might become necessary to request assistance from the DNR and wildlife people to temporarily provide � iood �_o prevent star�ration of these fowl. � At this time, Mrs . Nehring stated that the reason she and her husband are feeding ducks � is because they felt sorry for them during � the winter months and they do require our attentiono S At this i-ime, Mrs . B1esi, 2064 Shadywood Road, snowed the Council pictures of the areas and the � a��iount of ducks that are being feed at certain times in the winter and the problems involved � with the large amount of ducks that concentrate • in one small area that is '��pt op`n dui-ing the winter Inontns. (Conti_nu�d) � � � � ORONO COUNCIL :�1EETING Y,FLD F'FBRUARY 14 , 1977 Page 10 � , , ;� Councilmember Walt Massengale stated that based RESOLUTION #75�2 �_zpon the information and docum�ntation as Duck Pro?�lem �pr_esented during the evening he will move �:�nd I3ut1_er seconded, to adopt Resolution #752 , A � Resolution Declaring The Maintenance And Feeding . Of Ducks At Property Owned By Nehrings And tvhi_tes To Be A Public Nuisance And In Violation Of ! 'ihe 7oni izg Code Of The City Of Orono. rlotion, �yes (5) - raays (0) . • RE�OLU'i'=i=ON n752 � t�;ii��t��,��S, the City Council h��s rc�vi.c�wed the prob]_e.ns � c,reated by the feeding of an excessive number of S d��cks at �he property o�med by Mr. and rirs. Whi-L-e at 3908 Cherry Avenue, and at the property owned � by Mr. and Mr_s, tlehring at 1972 Shadywood Road, and � j�.HERFAS, the City Council has received numerous � petiti_ons from neighbors in the area in the last � t.wo years, ��hich petitions set forth nu�erous r_easons why the presence of these ducks wer_e � udverse to the health, safety and welfare of the citiz��ns of Orono in the neighborhood, and � WHEREAS, the City Cot�ncil and staff have reviewed � the above situation in depth over the last two • years and has obtained numerous reports from �xperts including the health officer for the � City of Orono, and + WHEREAS, these reports indicate that the presence of this number of ducks at the White and the Nehring . • property is adverse to the health, safety and welfare of the citizens of Orono and is, in fact, adverse � to the health of the ducks themselves and other � ducks that later may have contact with these ducks. � NOW, THEREFORE, the City Council of the City of Orono i�akes the following findings of fact and directs � rhat the following action be taken: 1� 1. The activity of keeping the ducks at the White and/ or Nehring property has resulted in the creation, � the maint�nance and pror:�otion of a public nuisance � in violation of Orono Municipal Code, ss82. 030, Sub- section B and C, and �2. 040 , Subsection E. � 2. That these activities are in vi_olation of SS30 .040, r 34. 031 and 34. 530 of the Orono Zoning Code in that the keeping of ducks (animals} require a conditional use � p�rmit and there has been no conditional use permit � applied for or granted for the Whites and/or Nehrings. (Continued) � � � � � u�0iv0� COUNCIL :1EETING HELD FEBRUARY 14 , 1977 Page 11 ` 3. That the feeding of ducks at these properties RESOLUTION #752 � s adverse to the health of the ducks in the area Duck Problem � d ducks that may corne in contact with these (Conti_nued) �t�_cks in the future. � � 4 . That the staff com�nunicate and ob�.ain fr_om i_he 1,?�iCD a revocation of the bubbler m�chanism that � liad previously been granted to Mr. White on the basis that the use of the bubbler has createc� and � ��ro_�notes a public nuisance. r 5 . Tize st��ff is dir_ected to infor_m the Whites and the Nehri_ngs that the feeding of the ducks is to � cease today and that any additional feeding by * them and/or their agents in the future will constitute a v�.olation of the nuisance and zoning � provisions above stated and that they should be i=agged immedi.ately for each day in which that � �eeding takes place for a misdemeanor. � 6. That the YJhites and the Nehrin�3s be granted • ten days time in which to cease the use of the bubhling mechani_sm a�d/or any other mechanisris � or procedur_es which result in the keeping of the i_ce off of those portions of the lake in front � of their house and that if the Whites and Nehrings desire to do so, they remove their ducks during � +.hat ten day period. � 7 . That the Whites and the Nehri.ngs take no action . which promotes the maintenance of open water in front of their homes and if they do so, they will � be tagged for violating the nuisance chapter and the zoning code. � riotion, Ayes (5) - Nays (0) . � Enclosures attached. � r � � � � � � � � � � � � " . Encl. 1 t j/ � /�� `; � �� 1�� _- _/ � �% ...' �_ _ �/ ,4� ,.{:� -�1 �r�Y �r�1i;J"r.`.,t � J�- �� 1 . (.� _ __. . _�.._._.�-.."._____._...-.�.�,.�..�._....�..._.-� V^ �/ � �� ;�, '� -:3 u � ,- �� , �7 � �'.`73 Ci �.;T_T. . i.._1C�:':1 a OT ��:3 :�G_'.•�1 . _ :'1 : _'i:3 O? T.^�;8 . ._.:. 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'� �i L� �� `, � � ``' �'' `' '- \ � �`� '�' � -� �� s ' , `�� \, `�; `�J • �'� ,v y � � �� , ,�,Y, �\, �� l. �\ ,�;' �� \, �.. �1 � � \1 �1 � l� �. � �'� ` � �� r}l � 1 � ti ';w% \) � � \i �� ` �� 1, � � `� \� i 41 �� \I y � �� \�' �� , ��' �' , r��'� �� `;�� , � . .,� � �' �� ,� �� \, �`�� 1 � � � �1 �� `� . � � � �� , � � �� , �1 ,4� �� 1, � .� . �. � �, ��, � �� 1 � � � � ` , � , C, �, � , � � ��`� � ,� �� -� � � � A , �_ � �� ,� � �.ti � � � � ��',' �. ��. ��l 1� � � �� .� ,� .� � �� :� v � � � �� ) �� ' � � � � �� ' � � � � r� \� . � �, � �� ' � � � � � � .� � � \, �li '� `�� ` \� � � �l �,� � -�'-, v� � � � � �� ;� � �, � �, > �- , ;� ., 1,\ � \� �\ � � -.� \1 ` � � ti i\ n-�\ _�� ' �� ' � „� �, , �.� � ��Y r � � � � , � r'� � � ,��' � ~�' � �� \l �' � Vr. 1 �� . � \ �� ' �� , �` � � �� `� �\ \, , \� .` , � �' � � � t � � ��\ ' � ` '\ ,I� '� � `� ; � � � ` � � � '�' ` ,, ry �j � V � \ � p C� �, �`� �' �.� � �� ' �� _ \ � � � �� r,� � �.1 `.,, � C� , � �, � .� � `y `�\1 �� `.;� �� , � ` ��' �`� ' �� i ` � �� ` �� . �� ,� .� �� ' ��, ` c; `� ��'1 �' \ � ��'� ;� � 1 , �;� � ,V� � � ,�� . �� 'v \��'� � �� N � , �� `•� C� ��' �� , �,1 \ \ \ `�1 � \�, `�, �v �} _'� > �� '�1 �' � '� ' ~ 1, i� �� ' `' � � � \� � '�`� ,�' � �,��+ � � � � � � , ,, � • ! � � • � • • • • • � • • • • • •� • � Encl. 6 y1578 Shadywood Rd. �Jayzata, �n. 55391 ' February B, 1977 � • Orono Uillage Council Drono, P'innesota DeaT Council: fGr. Naer,y and I live r,ext to f�lr. Lloyd P;ehring' s �arnyord: Yes , that is �hat his sr,all lot looks like. All the year around it is covered with c'ucks 2nd their dr�ppings plus corn, bread c,umbs, Etc. In tt�e snring �nd fall it is especially unsightly and resembies a huge mudpie. The � �ucks �uon't even sit ever there When it is in this condition. Conse— quently, they cora over into our ybrd to eat our grass and sun the.mselves. If u,e didn't con�Lantly chase them a�,��y, our yard Wouid �eccme barren too. �est sprino �e did not put our dock in zs it is irnpo=sible to keep it clean. Us uould =c:ub it down in the morni�g and in a few hours it would be just as bad as it u;as before we touched it . F.eedless to say, this is v�ry discouraginoe On top of the duck droppings with their tE,rible odor, c�orris of all kin�s cra�,�l all over the deck. The varner tf�e weather, the worse the conditi�n bece�ces . tzst sur�,�.2r ny hus�and and I didr't even oo sa�ir�mi�g in the lake due to the pollution from ttie d�,cks. This is a sad situation when one lives on the lake. � Eesides our yard and our dock. our patio is ali:,ays covered with duck fe�thers, dirt (frcm the bare yard next door) plus crumbs of bread, corn, etc. L'ie havz to u;ash our patio and our furniture on it before ue are � able to sit doun and Enjoy it. This certainly should not be necessary ' wherever anyone lives. , • If 211 of �his is not enough, all the grain znd corn mr. ��ehring feeds the ducks dr�u:s rats and other rodents, not to r,;ention rcccoons. �;ho � knoms WhEn one of these animals ni�ht have rabies 2nd biLe a person? I �ent out on the patio one evenino last fall and there in the northeast � corner sat tuo racccons. They did not move an inch �ut they friohtened me to say the le�st. • i'r. �:ehrinc als� hzs two ta�e white ducks he has had for ^any years plus he has o�en �o�ing rallsrds to this groupino. The u�hite ducks a.e now � yellew in color� l��r.e, h�ce in size, and pathetic to see. We szw them all lzst sur„n�r uhen he let them out into a fenced in area. F'e keeps � t�ese pets ei�her in his oaraoe or a shed. L'�hen he clears up the ��.anure frcm zll these fr�ends of his and cets ready to hzul it zuay, the cdor is � CF�irX10U5 cnd StcGCc'iflOo If� Vci::l UB2tf1Bi' lt 15 SO Uflt3earable a PEiSOfI hzs to re�rEzt into Lhe t-,ouse, Unat if �veryone in Orcro oecided to have Fe�s like the�e or chickens? + � P�ge 2 C'e love oun c�r� uhe;e we hzve lived for over tu��nty yearse Ue try to + keep everything ncat, cleen �nd attractive, but livinq next to n'r. F.ehring this has becor�e almost in�pos�ible. I certainly hope the council will not �,acrifice the health znd welfare of many to satisfy the Whim of one rr,an. Thark you for re�ding this. S Sincerely, � ' � t � �r� ' '�� . �� j n� �� G��nrge and ffarLF.a ;=aeny � � � S � , - S � ' Encl. 7 s February 7 , 1977 � � To the Council : I am ti��riting to voice my concern about the feeding of ducks on Crystal Bay , I�N , f�y husband and I are a close neighbor of ��1r. I_ loyd t�ehring and the duck situation has caused us n�uch inconvenicnce , expense and unhappiness . I don ' t feel that anyone should be subjected to living in such a state of filth and stench as that which �•�e face during S the surimer months . Not only ar�e our docks covered daily with the t��aste of thes� anirrals , but likewise are our lawn chairs , picnic table , boat , etco It is impossible �o even keep a coat of paint on our dock as �he duck droppings completely strip �he �' ��.��od of any f i ni sh appl i ed , lJe are not abl e to use our dock for sunning , s�,�ir��ming , etc . because of the terrible smell it retains all su�r.rr�er. Even �-;h�n the dock has been scrubbed the smell remains . l�;e fir�d ourselves being forced to do our sti��imming and o� her recreational ac� ivities outside of our ol��n lal;e iront . It is outraoeous that ;�;e should pay the taxes for the convenience and luxury of lakeshore and tl�en no� be able to enjoy it all because of oi,� or t��.�o people �,�ho find it necessary to feed �he � ducks . It seems a sho�r�e that these ducks have been fed unnaturally ior so long �hat �hey no longer are able to fend for themse] ves . These ducks are not even capable of migrating in the win�er because of over��eightness , etc . It has been sai � that Mr. Nehring stores food for the ducks in an old boat in his backyard and large rats and other rodents have bEen , seen in and around this boat . Obviously this is a severe health hazard. Out of all fairness to h1r, f;ehring ;;e can un�erstand his love and concern �or the ducks . However , my husband and I also love dogs , but I dare say our neighbors would not allow us to raise 500 of them in our front yard year round , and neither �•�ould the City Council . If we must be restricted as to how many tame anirnals ��re are allowed , then certainly there should be a restric- tion on the raising and feeding of wildlife such as ducks , geese , etc � This probl2m r�as existed for many years now on our lake sf�ore , and rnany people have suffered much longer than my husband and myself . If scmething isn ` t done soom many residents will be forced to look for lake shore else�,�h�ere . 41e are asking that �he Council please �ake ac�ion ir�r;�ediately in ord �t � o-n:' 1>>--�r� �s � ` -� p � ��!h1 C i��(4 I �.� �;q SI � enjoy our laY,e shore 1"1GIli.S . Plezse hel before r�� 4_�l,J,�;�� b�en ruined f�r r,;any of us . � ,; � � ,� ;ES 9 ��i. � � - / j _ � ; ;.. ,- �� /�� _r � - „ - _ _ - �� , _-t �1� 1 '7. � VILI_i�t� C�' �'�:':� , ;�r. & iirs . St�v_n Ti bbetts � � Encl. 8 � � . � �.,�- � 7 February 1977 ` � ` (:] ty COunr�j City of Orono � P . 0 . Box 66 Crystal na_y , '�i�_nrlesota 55323 � � � To live �_n �he nei;;hborhood of a person �,ho feeds wi7_d uucr,s �n a ,:;�liner to atLract tn�m in iarge ;;u�be�s as � year round inhabitants of ttze lakeshore in the vicinity of your house is to have, in �;�y op�nion , a public `I ;;uisance in the neighborhood . I alle�e public nuis�nce _ as defined in the City of Orono Statvte both from the � inordinant ,�ess it r.�a};es on privat� or public docks and � also fro,a the health ;r�enace it could be fro� the "swimmer ' s itch" malady Lhey a_ssist in transmitti_ng and from the pollui_ � on i- i_sk in the s��all area they �opulate . � 1 }]2 V 2 � 1 V C'G� l P. 1=�:L' 1'1_ C'� 17� t y G f t-\•:O �'�i C�'1 i i,f"'(i f i S �?}J O i] t ` -.:�hcm you now h�-ve ncw petitions before you , neither of 1-hom respond to neibhborly or irierdly approacY:es by � anyone , includi,�g a previous *`ayor of Orono �aho tried this the last time I brought the ��atter before the � Council in the form of a petition for help . � The second of these t� o feeders lives next to a public • swi�,��,ing beach , which as a result is �_:assively dirtied by the ducks during the s�, i�ming season . � I believe it is the duty of the City Council to fully • litVG'S �1�2Le LP,1S P.13L �2T � CA�2TiT:1P.� �[)a [ t[72 aCC OL F>>:cessive feeding of �aild ducks in a suburb�n lakeshore � �rea is to create a public nuis�nce , a;zd/or health ;nenace , und take �;na, t�:ver action is necessary � o cause the feeding � to stop , • 'Thank you for your service to the co:_�unity . � • Very truly yesrs , 1 A � ,� . � � • � _J;��;�.,J -�1 ,�,�J��r,J , ��, .�,-,.;.� D<_vid G . 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' �/%1 � ;�j'., ' , �;�i _ / •- ' -� • t,��.i .� ; � i ! � �� i� ��1� ��' � � � � ,� �� 2 __<< � - !�lLl_;�u��= t��: t�:�:Gi:O � � Encl. 14 f � � , � J,�n��ary �7. , 1�977 • � � r;�,,r Counci 1 = w �� :r� writing this l �tter to voice our long stanoing cornplaint • c_onccrning �ne fe�-ding and rnaintaining of a large flock of ducks ��nd oeese by f�r • Lloyd t�e}�ring of 1,97� Shady;��ood Poad, Uayzata , � ��lir�nr�sota - I�is ur�natural t��oi�by of a�tracting ducks and oe�se by ;�roviding enormous ar�ounts of food ye�r-rcund and provir;ing a • `�ui�bl�r to keep tf-�e lake open �n th� u.�; nter illustrates his l �ck of cuncern iur his n�iohbors , the ger,�ral publi � and the ducks � �nernsel_v�s - � �iis i ndulo:�r��r-nt has groun to �uch pro;�ort� ons that its rE=per-- � cussions ar� � i�lt all a1_ r;�g Snacy��ood �oad- Due �o �he laroe rnount of i:f��eir' rrG�C��ncs , our docks are vi �,tually unusaf�le all « �u�:'�rnr-r • lJe car-inot al 1 ow our iwo presc hool r_hi 1 oren on �ne dock for abvirus heal �h r�asons • They are �oo young to �.ppreciai.e � �!nl�ealthy conoi�� ons • The pollu�ed sw� rrrr��ng conoit� ons �.re �:ven • rr�ore oif i icul � i.o ceal wi �h • ��e live on zhe l �Ke i_��c�=u�� ,�e 1 cve �i�e �:acer �,�d i,t�e activities � <.ssociat�d witn it • �1r • L1 oyd "��hrir�g is ini ring�ng on our rigi�t � �o use �fiese facilities safely• T}�e Fresh��a�er Biolog; cal Insi.itute n,3s puol � shed cleor stat�ments explaini ng �i�e i�eal i.h h�z�rds of • laroe conce��rations of ducks and o�ese . � !-'e a�k �hat the Crono Cii.y �ouncil i,aKe the appropriate action to � _nsure �hat the h�alth, safei.y �:nd welfare of the people in the arf��_c�d area is prntec�ed• Tn,�nk you . � Si nc��,�1 y, � � ;- � � �_�- - - ,� � ,�- �-� ./ �i�� /.{ �� f i f��J • i� � - - � � - 5�- T\ ',� �:` . c'-�i 1 � • � - � � � "t� '�:`' ��.- �'= 'r, i-_ r---� � f ; �_� �.i �.� L� !_;� ;� � � �` t j�� _ l , � ri � ✓ i � `�v `! . • r �.. .._ _ t,.- �� _. . ;�� F,ncl. 15 � � � � � .':_:�� I, 1,'%$ � � '"r. 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Fct`til �i'L_ iC=- � l't1 �<`: C•� C:; :':O � c� -it — - ' • `•--. � �=� =11 ✓, � N . � � . • � � - �`_,_. ': _� • .� _ - - � • � Encl. 16 � � _ _ , - f � ► CI i Y OF ��F;t�NO P. O. BOX 66 � CP,YSTI;I_ BAY, t�41�tiNFSOTA 55`_i23 f �3��11_DIfJG JO[3 REi ORT � �' � � . ;-i�DHi �S _�'J_/' �=� �/'� /,==i�G`t"% ' � _ ,, ,I _ Z c`' � (�� , �/ _ __ - --__ i , O`d.'fdf_R � :-_�T � _',�_�' r2__ ✓ / �- �' � _ - - --- -- � . i:��t�1 P,A� TOR ___ � � -- _ - -- __ ---- - - -- _ . � T ,- ,_ DATE__ �7_ -_� � �- ` 7 j _--- --PER!AIT N0. _ /%! '•S � �� i _ � _ - / - , !)(=/SCRIP(ION i�;-,:/. �i /� � f/, _ _ _�_�� . _� � ,� l . _ � .;:�� / �j'� . C-:^ _-�,. � �I-f ..�'`�"/c a� '�'_,. / _/ !`..-s'� �-- y` . . _ _. _ _. _.._ J 1_ __ T./ �J/ � . %/- -J�� .�,..� ��1 -_.t`/ /_,../,<�_ __�` "�(. _.. _,`_ .'_�� _/-� �. "'� _ . - --T - — � �� i �-�'—;=��•-�< j Ii4S�(�Cl IOiJ �',ECORD � � ^ � - - y _ � � �•. �. ♦ l� �t�_�-I� �_r1_"�' �%_.,1 Ll' .'l j��` `'��'1 ._l i� . . _. . .'/ �_ _"/ > 7 . . . � �l h�-c�:! I�f��,�� .� v', !�-;s* �!�_� t-� r! �_h� l _ !f t�-_l:-.� f ` !, �_��-,�-�^.J L�s� �'-�1 f�"=�f!/ UL,��Ct� //_/..f�� /-'- `.�� _ - -1 , � 1 / � l�1-1� �.��I �"..;�� C. 1�/�f/_.x/Ji�-�'i�` �,{�� ' ' � �"I,f r _- - J , _ _ r� - � -� _ _ _ ; � � ' '- , ___/f! I; �y.:.�'(,t, � �.C="!� /,/JJ ��/r.�✓��'-'�' �- ''-� ..i_�('_l J� '��, C�'-I�- — ,�, r i / � j'� � � � � �� . ._. ' '�. r - [x ,• ,r.t� -�.. �'_.- �s i ! "; '•- , �� c_�� L•.�___� f1,� _ -- - —- -- - _ / � � — � , ,. ��_ �1 �-�f..�'d �..:1 f !'� C.�� _,/'fJ;�-� + � L-��c—!r ,f� t.: � - t: , -, • --- -- — �" _ . _. . ` .f iJla � .' , Y , '�. . � - .._�:tt.t��. -i� c _ .:�'- -`� _� _(' --.ir ! - _�-��'- - � - _ — - / � � � , /• � /l�;--.�'� 7-�� >"r ., � _�f✓�1`� '�s � �t� �- 1� �1�� j � i � -� S ~� -'A I �. .. -- -- .--'- _" - - - - �-- --�--- yJ ,✓_t �:• •_� G'� �rc�"1"(�l /i�._ r -. /� ��- ��1 ' _- - - - -- —- - , -/ ] . . �! �� /_� t �r�t."{ _��—" �.l.-J r f A�_.•l /f t�__.__�!L f_�'Y�—..__._ ._f� .^ _�_ ,� • -_- ____ _____ . _. � � . � 1�_.�,< < !t r'{,11�.�r�_L��`�� _�, ,_ �, :.-.<'-r �',t_- ----- � __- - - ___ j + :"L l.�, . C��'.-�-�-`�� ._`.-,!�-��,;{� � ; - - --- - - - r - _ __ __ - -------- - - - - ---- � - - ; -- --- --------- � � � � _ - - -- ' - i � - -- -- - � • , r - - --- --- ------ �- � ------- --------- --_--------------- ------- -------------- � ;;F P. • -- ��:5�'ECTION , � ��; E _ _ _ � � l �� Encl. 17 � � � � � � �'0: 117. R. T�;Z�cn • �=kC��: I?�nk ��};i ch • D.4TE: r,'�y 8, 1975 � hF: Pe�ition (Co-,plaint on I�ealth T�ui�ance fro�n ��ild fo�al � coll ect i�;g ;n are3 abutti�l� c�;;dy B--�� c,,--_� - � ,�,r ) .� =� .. .�h _ ,>>,_ �1_n ea � i',� ha�F-e l,�cei�-�� a p�tit�cn si;n� r � d by s�_�-�,al ol o��n� citiz-e�1s Ti,bctidl_i1g 1��i.eTfo'v:l 171 t�le �'1112.Pe S�17uy F�.�L}1 cli�.c'1, ` .>t the ti�;�c of our ii,�1�ctio;� r-�cst of the 1�1�e �:.s still co��ered , ��:ith ice �.�iih i.he excep�ion of se��c-l-al s;:,all areas nreund so.:�e of the ae�-a�ed doc�:s along tl;e s}-�ore, l�,e have £ound �everal ��.ater • i01�'1 �n r�,:,ny of �.1,e o cher o��;n �.:atcr a-re�s, }�,'� found tl�.-ee geese r��d �ssibly as ,�:_ny as 50 d�ic}:s, �,-hich left �� ti�ith the opinion � �hat th�::re l,as probably nore food in the area. At �hat tine ue }:ere w�able to fi_nd evidc��ce of lood being pio�-iued by a�zy of the a:ea resid��ts. Pr�otos ;�;c�e ta};en of su:r�e of the fo;, �rea. '1 in Y_h7S � �;r. Scl;eller rade ano�hcr inspection of �.l�e area on 4-22-75 at k-hich tir,-�e he discussed the proble;n �,-i�h ?,fr. I�o;��ard 1'�'hite of �908 � C}-�erry Avenue. ?,ir. ��,'hite admi�ted feeding th� fowl d�ring ��e i4inter but not d�ring the str,�,•,er. He i-:as k•a��ed of �he possible health � }-L-ard resulting fro�n this fo��l attraction in an area abutting a � . '�lic beach a.nd that the beach titias established beiore i•�r. 1��7�ite �ook residency th`re. (Copy of confirming letter attached) . � l�;e ha�-e thus disctissed �'�e p�oble�n jcith the D'�R and State F?ealth � D�partr:�nt. , T}-,e t:�al�h D�partr;��.nt se��t us a copy of the TSirL-�esota ."�bate,��nt of ��`:�is�nces Act but at th�t tir;� �;o111d not :,,ake a de�er- � r��-�at�on as to ti,•hether this spe.cific problem i�:as a result of • r.atural co„ditions or an a��raction. (copy of Act attached) . I7-,e D:�'R infol;;.��d us th�y k�uld send out a g�ne �,-arden (1�ii};e Gru�,a, � 4%2-55Q7) �o check the si�e for sG�,e possible dete7;nination, but as yet ke havcn't hh�a-rd fra�n the�n. � _ By h�s o-,ti;� ��:;,i��on I am sure k�z cou].d d�te�,,,ine he is in �-iolation, � but I k-ouldn't l::�ek� exactly hc:a i•:e ca.�ld re-�ove the fo�vl fro�n this ��it}-�out �c�-;e direction fro;n the D'�R or Conser��tion Dc�� j-,� � F �_rt, >nt. � � r r • . /' � Zj1F ��T;��-,,-�T1+ 0� 2:11ISr.l�C�S r.CT �i1r:�,GS0�,3 Sv:t„i1.jS� 1��9 � a S��ction 1L5.22. i?ui��.nce�oi:rrn ofiilt.h. or c�� ;e of =-�c)-ne�s: dutv of ----------- -- ------ - --_="=--=------- - r�ealth of�_cer: no�ica� ��rivv v.tilts. �;r�n �r_y nuis�_��ee, �o�:i�ce of fil�h, or causo • OI S)Cir]I�SS lj rGlir!C� 'Ciit aTijT ��-r`�?.J_;T'i,;J� T.}.o }_n�il}7 O1riC�T' Of tti@ C�_Li.V� V1�_12�H OI' . 'GO'..71 S}i2�1. G�GI' �.;:2 O'�.';:cT' GI' G��1.��:??j, ��'�i r'OI t0 1'E:�.�VC i,r_B £fii.f?� a� 'L13 G'L ''I7�� , � �'' f Wii.�]7-17 8� t.l.-.'3 ]'i0'�i, t.0 G?:CCC:Ci i-,:] GF_�S� 'i.�;2 C:_.Ct �..'_:� +O C:? 5�-�C1i1rC1 1Y1 G1",? I;0�1_C�. � rTI1S IiOj;iCB s�all v2 S<<'J'�Q C� i,'_^9 �'?Gi]i�f� __.'-.i51:21� O"l o�'r..�r p�:�ce Ori1CG1' �jT ��-1V— • i;3'117� 2 COj:y f}",�iEOi t0 i.'i)� G`�.'_i�2'� OCCL'1��':t� G� c�Elli. Of t,!:0 FI'0��1'tjT. �I 'G}lE�' Gl-.*:'cC-I' ��? L:1'.�. �'"�Ciif Z''i.�� 1 S Li':l":1:�'.17 OT' <�;_,j!1� �l r�O 1":i G'.,:rl Z'�T- c:�, 1 1 r., . -- �= '��, itn r ��,;nt� �i:�e or r_�-��z� up n . ��;:�o;n r�otice c�n ce ��ved, th�-n tre �}.�riif, _�z-rsral, cr ot��-r ��ce officer s�_all �i�St 8 t,1"'2 Lii,G11 GT� �ii 1r?1,��(� I1��C c- =�-.� -- -•r - �,� 1 ' ^ ;:- .- U�UOt1 �� vy%,_ Lv G�l i i:,:1.�S 3�'t V1r.� 1 Cl'L�1 a . � �,_ u • Ur:ZC';S t�:�3 .=t:1�=..C2y SO'vY'::f Gi i?1',}'1� r�r r•:�`;C' Gf 31 ..:'1355 1S %i��;�:1i.�'� �•1' i.=.-J":"�� . ' �'j;..'f1]_;1 i.G-'? r''�' �1;•� `� T_ � •__- �l � ' - _ , ' � = - _ . .�� s, � ��er•�1 ��:r or ci,��i ;;.�� f 1�__C��' t,;l i �c:�:� o� _�_4.��e, � �7i C�U.S� �O C�3 :�J:1lQ �T' =�:L:�:!_'ll� �L .,.:3 c:_ :i'c,�,'Ot L":c.' �''.r;�.T'� Z�_r ?:111�--'C?�`SO::_CF • OI I1�-`i,�7 OL C�1152 Oi �1::.�iJ:'��^_S CO:"�]--•i__'iEQ GI c: _ ;� �'.,Q -�'?St,. �_n, - - �`�n � ' :� �C�� E C21':Y��-G 01iL �,: T�i'O�✓1S1G']S Of S�CL7_O:'S �_Grj•�2 %'�� )��j•�3� ;O Q�Dt Oi C=L�?=1 �d21?:S� ?.!iJ' �IiC11Vir?1:?.� o-„�i;er, or <<ry one r�ece of r�,al ��o�=rty, ��,=11 F�_.:ced �:? s:.;�:, oi �;100. In all cities of �re i'rst cl::ss in �his statti, t'_�e coiler•tion :�d dis:.•osal of nignt soil ''rom �,i,i�ry vt_u?�s �?��; cor��_:;_ts of cess�ools �__,11 ?�� ti�.�?�l �:�:� c�-:�r�e fn,3 �,�,__ • ' c " ,J.-rvisic-� of, �r,d s::_11 L� do:�e oy, �'_.� cep�r-i,?_.�rit of 1_�al�h of ..uch cities. ' Sec��on ��:5.��. �C:i.""Y 1"it.'_ COS:,S' �`-'S�S�E� O:� i�i��Z'�V. T f �1;2 O',.'_^.C-T� OCCli�nT?t� GI' �-�i:?1'� i c�1 OT' I',?��ECt LO cc;.;�ly •ai�n i,i:E Z'GOtlii y.=•?!'�t OS t�� ;?OL?C0� t,'�I7 i,'_^_� r°�alt,h oi'ficsr s^all p:uc�L� 10 r.�-�e �}.a r,u�s:.:,ce, so:�rc2 of �;ith, or c-uc� o, . 51G'�1,r'��S (1PSC11C.G'C� 177 j.:;A :�Oi.�C'� T.:i_'G':G'(1 O: ��.r.?:�Q _='�.T1 -�;2 ZOt 02' �i;�C?1. Of �T'Ol1"�Ci �'- cI?� T'G JGT't, �i,;.2 COSt ��:20f 1,0 i•;@ C1:.y C�ci'�{� OI' Ot':�I' 11'.s2 OZIICET'� c:]� Lti;e CQS� � of such ��_o��al or aba'��nt s�all be as�essed and c:�rged against the lot or p�rcel • of �ret:nd en �.��iich ��e r.u��r,ce,sous•ce of i il�:,h, or c�:��e o� �ic�,ess ��i�s locs+.�d, %I�C�. f•}�� C1'i.3' clerk, G"L' Oi,r�-r J_i�e Oif1C�2'� SLi3�.�J 3� i,�12 Zi:=� Of C2T�2i�1^o �.�E?T _ t=�i:�3 i3O '�i,�;� COlL^i i.y c�!�1tOT'� CEi t2I�% i,�i�S8 CCS�3 �,� itii0 COli.'1t.�' allQ1�•OI' S}i211 ex'�nd l}iA S�:? O71 i,}10 i,cY, i O�1 Of t.ii0 CCl]S"lit,y' 2oair'Sf. 1t,�"1� �Ot O; ::c�C21 Of �1 Oltrl�� ct;�.'�i l+i, � shall b� collected by the ccu�ty i,reG�iu�r a_,d p�.id to t�e� city, vill�g=, cr to�«�n as oLb�r taxes are collected and psid. � � ' � � . � • � r � � � T�� 1'7 5•1 9/61 � Encl, 18 ,� —� _ � -�'�.\ ~ V�I � � s�� of C��'oz�0 � t�� J'(� lii.1X Gf ('k�'STAL f3A1'. �11�:\' �.`::t'_'3 • t�]l'tiJL'1P.4I. O�F1C�F:S I !i(�.'�E 973-7357 �j�� '��`. O» 1/,e \��i1/� 51��rr' /�,:�r .11r�ti;r�Iqi��a � � r ��t . _ \r,\� ��(e 1! i i ��.� -- ---=� � � . � '��7-�1 22, 1975 � � � �ir. ;?u�..�;rd i':i�ite ��08 Chcrrv :';�rcnue ' '��otind, '�?n. 55364 . �a r '�'r. '�'�.'h i t e: 1��is is to confirm our conv�rsation of this ;��rnin�. i�rou�?;t out in tnis conversat�on 1:as that you had fed the �,�ilcl c'uci:s uurin�* ti�e �inter but vou };ad no intent�o�ls of feedinn th�� in t�;e �unz;�er. You �.�E�re ir.for.-�d that };ar':�or�no or encour��»g ducl,s that near _ to a Public sj�,�i��nin;� heach �ri�'r�t be a heal�)1 ?Iazarci; �l�o t;�at the si;i,r;�n�r,� beacll �.�as establ ished before you tor�k re�ideT�c�� tl:ere. If there are c�uestions, }�lease feel �free t� call . Sincerelv vours, _ �.r �" � - � � . . ?Sichael Scheller Ruilding Ins,�ctor ';S:cr r � �RO'�70 COUNCIL 1�1EETING I3ELD FEBRUARY 14 , 1977 Page 12 Henry Pluhich, Building & Zoning Administrator, NAVARRE AREA REZONING stated that the following residents were present � January 17, 1977, regarding the Navarre Area Rezoning: Frank �aagner, Steve ��agner, P4argaret Wagner, Mary Sonns , Ron Kullberg, Gary Nelson, Bill McQueen, Ev Geyen, Inez Geyen, and Rod S '.acCharles. ��r. Nelson was concerned about the consideration of rezoning the west 100 ft, of his pr_operty recently acquired from B-1 to LR-1C-l. Several others showed concern about the limitat.i_ons of the corrunercial use in the B-5 zone. 'ihe Planning Commission explained the limited corunercial zone was established in order to discourage high traffic generating commercial uses and also as some�ahat of a protection against , duplicating ��xisting businesses. Ron Kullberg offered to meet with some of the concerned parties to discuss the proposal. The Planning Commissi.on Guggested they consider the B-5 with some changes as to permitted and conditional uses . The Planning Commission continued the Public Hearing until the next meeting of February 7, 1977 at 8 : 00 P.M. Planning Comriission r-2eeting - February 7 , 1977 Chairman Hannah opened the public hearing. The following property owners were present: Don Ulrick, Gary r]elson, F. Wagner, Margaret �aagner, Dorothy & Bill A4cQueen, Sampson Child, �9illiam Lahiff, Mr. & P4rs. G. L. Johnson, Harold P'I. Uselr.lann, Rod r2acCharles , Pat P4cLarty, Warren r4. Anderson, Ray Peterson, Linnea Peterson, Dorothy E. Olson, Irma G. Olson, Ron Kullberg, William Denny, Ted P7eyer, Ev Geyen and Stan Johnson. The Zoning Administrator explained the proposed zoning changes. He first explained the current status of the vacant commercially zoned lot west of the old Keaveny Drug Store now being considered for rezoning to residential. He informed the Planning Commission that the present location of the sewer line running through the property, along with the easement, would limit any addition to approximately 35 ' . This 35 ' is of higher elevation than the western portion of the lot. With this restriction , the Planning Commission could consider making no changes in the zoning. The Zoning Administrator also read all the proposed changes in the approved uses and conditional uses to be considered for B-5 as follows : (Continued) ORONQ COUNCIL PIEETIr]G IiELD FEBRUARY 14 , 1977 Page 13 Approved Uses : NAVARRE AREA REZONING � Arts & school su�plies store (Continued) Banks & insurance companies narber & beauty shops Bicycle sales & repair Books, magazines , record shop Garden supplies, florist shop Gift or antique shops Hobby shops, camera & photogr_aphic supply stores Jewelry shops & repair Laundr_omats Lock smi t�h Music, radio, TV appliance sales & repair stores Newsstands Office supply store, office machine store Pet shop Pipe & tobacco shops Plumbing, electrical, heating, housewares , furniture, carpet store Postal substation Real estate sales Sewing center & yard goods Sporting goods store Temporary sales such as Christmas tree lots Travel bureau � Conditional Uses : Tailor shops Dry cleaning & laundry pick-up stations, including incidental pressing & repair P�any of the public voiced their concern over S the limited use of the commercial property. Mr. Ulrick inquired if a "Conditional Use" went with the land, and he was assured that it did. The Zoning Administrator asked if Mr. Kullberc� was present, and if he would like to report on the findings of the Navarre property ocaners concerning their suggestions for approved uses. Pdr. Kullberg stated that the Zoning Administrator had never contacted him concerning this. He then informed the Comr.lission that Mr. P4cQueen would make a presentation as spo}:esman for the concerned parties. Pir. McQueen stated that he had stopped in at the Village office and researched some of the previous zoning ordinances. Ordinance i1o. 9 approved by the Village Council in 1957 established his � property and certain other areas as commercial. (Continued) ` �OROr10 COliNCIL r4EETING HELD FEBRUARY 14 , 1977 Page 14 In this commercial district, buildings may NAVARRE AREA REZONING be used for �urposes such as (a) dance halls , (Continued) � pool halls, circuses or theaters, (b) sea plane or amphibian base or any facility for the operation, r�aintenance or storage of aircraft, (c) uses or pur_poses which in re]_ation to permitted uses of premises are noxious or offensive by reason of the emission of dust, smoke, gas fumes , vibration or noises. In t checking the index of the yellow pages , he found a vast nurnber of businesses listed. Most businesses ar_e clean and desirable and an asset to the area. He feels that the nurnber of types of commercial uses in Orono could be a great one and Orono is trying to restrict this. He has had no problem with his property - no com�laints - no petitions to rezone. For the past 17 years , he has paid $21, 000 in taxes and assc�s�ments . He feels he is a good citizen and would not do anything to develop his property without the _ interest of the neighboring properties. Three w��ks ago, the Planning Commission suggested making some addition to the l.ist of permitted and conditional uses . He is not asking for anything other than what he already has and is requesting that the zonong remain as is . �ae do have a comprehensive plan for land uses and - development in Orono. f3� went on to say that in 1967 , the zoning ordinance was overhauled. In this revision, the various classes of residential were defined. Boundaries were also defined. At that time, his property was B-l. In 1975 , zoning was redefined and boundary lines relocated. Mr. P1cQueen then stated that the proposed B-5 zone would downgrade his property. If it was established, he would start legal �action, or he would go ahead and build without a permit and let the City initiate action against hir►. Within the past two weeks, he talked to other property owners and several other businessmen e in the rlavarre area concerning this rezoning. Everyone he talked to appears to be disgusted. They have gotten together and pledged a large amount of money to get some legal advice. They will be appearing before the Orono Village Council next Plonday. _ P�Zr. Ulrick felt that the Village has not allowed enough time for the current zoning to take efiect. Are we going to be faced with this situation every two years? They would like to get sor.zething resolved now. (Continued) �W • ORG'30 COUNCIL i�`iErTING HrLD FEB�UARY 14 , 1977 Page 15 � Ron hullberg inquired as to whether or not there NAVARRE AREA REZONING was a quorum of the Planning Commission as only (Continued) f_our mertbers were present. The 7oning I�dministrator explained that Council had agreed to reduce the Planning Commission membership . from 9 to 7 members. There are currently 6 members on the Planning Commission and Council � is in the process of appointing one additional inember from the list of qualified applicants . � I�fter voicing their objections to the limited � corru-nercial zoni_ng classif_ication, the 7oning . I�dministrator suggested the group meet and come up with some of their own proposals and have � Ron Kullberg meet with him to discuss the problem before meeting with the Council. Mr. Kullberg � responded that the Zoning Administrator had 11ot fu]_filled h�_s obligation of rneeting with him �1 aiter the initial public hearing on January 17, i 1977. (The direction of the Planning Corunission at the hearing of January 17, 1977 , however, was , for the group to meet to agree on sone proposed changes and consider appoint;ng Mr. Kullberg as � spc�kesr,�an to arrange to meet with the Zoning Administrator to discuss their concerns so a � report could be sent to the Council and Planning Commission members before any upcoming meetings. ) � � Af_ter all concerned property owners were heard, the public hearing was closed. Chairman Hannah � stated that the Com�-nission appreciated the comments from the concerned property owners , and that the � Planning Commission could see their side of the argument. He also stated that it would be � of no benefit to continue the public hearing to another meeting. The Planning Commission would � make their recommendation to the Council, and . this matter would be discussed at the Council meeting of February 14 , 1977. ` During discussion, the Planning Cor,unission � indicated some uncertainty due to the lack of review of the matter, but felt a recommendation � should be made. They all agreed the zoning • should restrict any high traffic generating uses or any spot zoning. The following recommendations � were r.lade. � l. Rezone from B-1 to LR-1B the north 20 feet of the Kelly Avenue Holding Company property � just south of the corunercial area. 2. Rezone from B-1 to LR-1C the vacant south portion of the I1Z9 Bell Telephone property. � (Continued) � � � • � � ORONO COUNCIL iSEETING HELD FEBRUARY 14 , 1977 Page 16 ! 3. Rezone from LR-1C-1 to B-5 all property south NAVARRE AREA REZONING of the County Public Works facility. (Continued) � 4 . Rezone from B-1 to B-5 the Kullberg property, • G & S Cabniet Shop property, north portion of the McQueen property, and the Wagner ! property. 5. Rezone from LR-1C to B-5 the Hart property � north of County Road #15 and east of Navarre Avenue. � 6 . Rezone from B-4 to B-5 the remaining properties along County Road #15 between G & S Cabinet � Shop and Navarre Aven�ie. � The Planning Comr;�issi_on recom�-�ended the vacant � lot west of the Keaveny Drug Store remain B-1 as currently zoned. S The Planning Corunission considered e]_imi_nating • sporting goods from the approved uses in B-5 due to the high traffic generating potential. • � Chairman Hannah advised those in attendance that the Planning Commission is a recommending body � only and have no final say. Comments from the Planning Commission and the concerned property t'- owners will be forwarded to the Council for their meeting on February 14, 1977. It is important � that you be there and state your feelings as you • have tonight. � Ron Kullberg inquired as to whether the rtinutes of the meetings concerning the rezoning would be � availal�le. The Zoning Administrator informed Mr. I:ullberg that the Planning Commission would � have to approve these minutes first. Mr. Kullberg then requested that the Zoning Secretary mail a � copy of these r,linutes to the concerned property � owners. � Staff - February 9 , 1977 - 7 : 30 A.1�4. (� Having breakfast with John Gerhardson at the Log Cabin Restaurant in Spring Park. Observed � many Navarre businessmen entering the rear dining • section. After finishing my coffee, I approached the group at a table in the back room and asked � if they were plotting against our rezoning study and offered to help them resolve any problems � they might have with our proposal. � P�r. Ulrick appeared to be very upset and made a • statement to the effect that everyone was losing � their trust in the City of Orono. r4r. Kullberg made somewhat of a threat that I � start looking for another job as I would not be working for Orono very long. (Continued) � • � O'ZO?�l0 COL'TvCIL 1•SEETING HELD FEBRUARY 14, 1977 Page 17 � ��ir. �ti'agner stated the group' s intention was to NAVARRE AREA RE�ONING � �ight the proposal even if it be through (Continued) 7itigation if the rezoning is approved. The �nsensus was that this would be a diminution � of value. � Of those attending this gathering, I r�cognized only the following individuals: Ron Kullherg, � Don Ulrick, Frank Wagner, Gary Nelson, Bill � ?�icQueen, Ev Geyen, and Ray Peterson. �'ouncil Meeting - February 14 , 1977 � ��ir. MacCharles , 3502 Shoreline Drive, stated no ` objection to rezone to B-5 but does prefer B-l . � Hart property: No one present. � Mr. Stone , present owner of the Dairy Que�n, asked if the B-5 zone would include the Dairy Queen operation. � Mayor Van Nest commented that it is a legal non- conforming use now. Bruce Malkerson stated,upon �' checking the code, corrected P�sayor Van Nest by � stating that the present new B-5 zone does include ice cream sales as a conditional use, � Northwestern Bell Telephone Company: No comments. �� Mr, Bill McQueen, 3701 Shoreline Drive, stated � that the Planning Commission ignored his previous >;;Unents and felt that he was not heard out � Yroperly in an appropriate manner. He stated that the City Council should drop the rezoning in �' Navarre and leave it as it is and reinstate * original zoning as set forth by previous Councils. Mr. McQueen continued by stating that the Planning w Commission is attempting to restrict uses of the Navarre property and upon reviewing the � proposed B-5 and its uses, other uses should be � included. I have owned my property for 17 years and have paid over $21, 000 in taxes and assessments. ` Mr. McQueen continued by stating that Orono does have a comprehensive plan and a satisfactory zoning • ordinance and changing this is detrimental to our livlihood. If you now downgrade my property, I � promise legal action and will proceed to the Supreme Court if necessary, I repeat, we do not � object to the present zoning but do protest any � changes. The City of Orono has spent $2 , 000 in legal costs and has lost. Councilmember Walt � Psassengale corrected Mr. McQueen by stating that Orono reached a settlement with the litigators a and the proposed B-5 is a result of that settlement. Mr. P4cQueen said that s�ot zoning is illegal and � •-A have substantial funding to litigate this � :tion. 4Je want a 10-year moratorium on this � commercial property and want a guarantee that the t affected property owners will be protected. (Continued) 0 • � • O�ONO �COUNCIL �•iEr�1ING HELD FEBRliARY 14, 1977 Page 18 ,� F_,xisting traffic is a reason to justiiy the NAVARRE AREA REZONING present uses. Orono should be a leader in a (Continued) ing route concept and F�ighway #15 has to be • onsidered as a part of that ring route. At t�his time, Mayor Van Nest invited t�r. McQueen � to attend a public hearing that has been ca]_led by the City Council for February 28 , 1977 , at � 7 : 00 P.M, for just the purpose outlined by 1�1r. McQueen. Mayor Van Nest stated that Orono � has always been a leader in attempting to �olidify the ring route concel�t but Henl�epin � County has continued to drop it from its ` f�_ve-year planning. � ��Ir. 2icQueen also stated that he is on the Board at Good Shepherd Lutheran Church a_nd, therefore, � would not use hi_s property in any way that �•:ould interfer with the functions of the church, or � cause any problems to �hern. He wants to co��ply . with a11 requirements. � Don U7_ri. ck, 3382 Shor_eline n.r_ive, s�a�ed rhat -�.l;e i�an��er of the Planning Commissi_on was not � �-}�orough and their minutes are not Lhorough. t^7� feel we will suffer adver_se effects from the � City' s proposed B-5 zoning which is an effort • to down zone the area. . �'he problems are: � 1. Restricts ability to rent 2. Reduces market values • 3. Reduces tax base 4. Discourages high quality commercial development � 5 . Detrimental to merchants , property owners, and • residents � Traffic should not be the whipping boy. Traffie is now controlled by four lanes, turn lanes, � and traffic lights. We all agreed to live with ihe January l, 1975 rezoning, accept this, and � want it to stand the test of time. We request a 10-year moratorium as a businessrnan' s agreement � to allow a test of time. We want to live with the . present zoning and allow this test and intend to see this thr_ough. How can you control business � through zoning? � Frank Wagner, 3607 Shoreline Drive, asked why was my property changed from B-1 to B-5? Mayor � Van Nest answered by stating that that property • should remain as a more resi_rictice usP. The Council felt this would better suit your present � ieeds. There is not a diminution of value as inferred. (Continued) � � � � OR��NO c�OUNCIL �,r�r�TING HELD FE�kliP:RY 14 , 1977 Page 19 � Frank tti'agner asked a show of hands of who on the NAVARRE AREA REZONING � C�_ty Council owns B-1 or B-5 property in PJavarre. (Cc�ntinued) All Councilpersons indicated they did not. Frank gner asked show of hands who had been in his � uilding. Three Councilmembers had been in Frank' s building. � Frank Wagner continued by stating that we have � ?_50 ' of frontage and have a natural buffer zone between our property and residential ownership. ! Market ability will be affected. Rent and leasing will be affected. Your actions will close us down. � All the properties concerned have been commercial since they have been first developed. P�arket values � will go down. We request a ten-year moratorium � and want the properties left as B-1. i�sr. McQueen stated that your cataUories outlining '� 11ses should be reviewed. Mayor Brad Van Nest � stated that our code follows codes in other cities. Mayor Brad Van Nest questioned if tlie � City can legally impose a ten-year mora�orium. Ronnie Kullberg again stated: I have spent many � hours developing the original zoning code. I �, f_eel that we can live with it. Don Ulrick: Other businessmen want to be heard. � We all want to be involved with the ring route. � We want to request a gentleman' s agreement or a �n-year zoning moratorium, realizing we cannot � �egally go over one year. �, Ronnie Kullberg: We do want a special meeting to fully discuss the problem. � Mayor Brad Van Nest: The Council wants to work � with the businessmen in the area and welcome their input. � Mary Sohns: I request to be rezoned from � residential to commercial. Mayor Brad Van Nest: Contact Henry Muhich, � Building & Zoning Administrator, for correct . procedures. Councilmember Norman Paurus: We have never � intended to hamper business people in this area. � Mayor Brad Van Nest stated: Orono is holding a public hearing February 28, 1977, 7:00 P.M, to � discuss the ring route concept. I also recorunend that this matter be held open until that meeting in � order to allow all the Navarre businessmen complete � input to both matters. � Paurus moved, Butler seconded, to table the Navarre �zoning until the February 28 , 1977 Council r,ieeting. � __�tion, Ayes (5) - Nays (0) . � - � � � O�:O?v0 ��COliNCIL I�it�E'1�1IvG HELD F��3RUARY 14 , 1977 Page 20 r , * lTenry Iiuhich, Building & Zoni_ng Adr�inistrator, STREET VACATION � stated that Williarn Gre<�ory, 1410 Shoreline Drive, 1410 Shor_eline Drive is requesting vacating two sr�all triangles of �220 � l.��nd abutting County Road �15 . jailliam Gregory � Tt appears that before County Road #15 was � developed, Brackett Avenue was a platted street along the property. ��hen County Roac� �15 was � developed, the entire platted Brackett Avenue . was not used. `I'hese two tiianc�ular pieces were � unused and in a sense abandoned. � The property description in the County offices � indicates P�'Ir. Gregory ' s pr_oPerty including this questionab]_e area, y�t there is no .record of � vacating these parcels. P4r. Grec�ory �aould like to clear the r,�atter after learning ahout the � current status of the property. � I helieve we should obtain a uiritten r_enort from . the City Engineer and Street Departr�ent regarding this proposal and what effects this action might � have on the City. r Public Fiearing - February 7 , 1977 � r•qr. & P�Irs . Gregory were present. After some • consideration, the Planning Cor:u�ission determined that the current status of the property �aould be w of more public interest than vacating. The only - public interest through �Tacation would be added � tax revenue. Current status provides parking facilities , the added right-of-way rec�uested � by tlze County and w�•uld elirninate reacc�uisition of this land by the City to provide for any � future sewer routing. � � The Planning Co;:lmission felt that a vacation here would not be in the Public interest and, � therefore, reconr�ended denial. Mr. & Mrs. . Gre3ory informed the Planning Cor,unission that they were currently paying taxes on this property. � Planning Commission instructed the applicant • that it would be their responsibility to rer:�ove � this property fro� their taxes. '� Staff - February 10 , 1977 � Robert Zalk, attorney for the Gregorys, phoned � and requested that this rnatter be reraoved from the February 14 , 1977, Council agenda. � � r � � � ORONO COUNCIL PSEETING HFLD FEBRUARY 14 , 1977 Page 21 � I��.nry 1�tzhi_ch , Building & 7oning Adrninistrator, SUT3DIVISION � �ated that a public hearing will be held on ?_9U1 �ti'atertown Road Fc'bruary 7 , 1977 for the subdivision request of #222 � P.t�t }z ;�;� �-�r property, 2901 Watertown Road. Ruth �v'ear Estate � I ,,1�1 pre��;�ring my report far enough in advance � to provide ellough tilne for you and all department heac7s to forward any comments and reports to � n�e so I can include them in the agenda packet bef_ore the proposal comes up f_or cor,sideration. r I lzave already sent copies to our attorney and � engineer so we can incorporate their recor,�.-:�endations � and comments in the final plat and resolutions, i � I have also inforr•:Zed Mr. Wear of the requirement i � of property title opinion addressed to the City � The ori_ginal parcel consists of slightly r�ore than 10 acres , none of which is designated as � w�tlands in our wetlands plat book. The proposed � pr_ ivate roadway consists of less than 31, 000 sq. ft. . '.�he areas of the lots are indicated in sc�uare feet. i�.�y all exceed the mini�lan area requirement. � The dwellings can all be located to r;�eet the r�quired lot width and setback rec�uirements . � C have also informed r2r. Wear of the procedures � and time span for approval of both the preliminary � and final plat. I also told him about the r_lylars and hardshells and the park dedication fee ($250 � per lot - 4 lots) and the possibility of City easements over roadway. � Public Fiearing - February 7, 1977 � � � � �•7illiam Wear and several interested parties were ` present. The Planning Commission recor,unended , approval of the proposed prelir:�inary plat as all four proposed lots and private road would meet � mininur► zoning standards. Approval was recom�mended on the condition that the final plat indicate the * following as rec�uested by the City Enc�ineer: � l . The northerly 1/4 of the site drains toward � �aatertown Road and the southerly 3/4 to the S southeast to an existing drainage swale. 2 . The street section proposed is 24 ' wide with � a surface of 6" of Class 5 gravel. If this � is to be a private road, the section is i � satisfactory; however, the proposed street � does not meet the requirements for a City street. (Continued) r e � � � ' � � ORONO COUNCIL PZEETING HELD FEBRUARY 14 , 1977 Page 22 � 3. The size of the culvert on Watertewn Road SUBDIVISION should be determined by the Public [9orks 2901 �dater_town Road Supervisor. (Continued) • 4 . Dr_ainage easements as shown on the plans by the Engineer. � 5. That 5 ' utility easements be provided adjacent to the street for future under- � ground telephone, gas and electric service. 6. Subject to a park dedication fee. i . Letter to H�nry P�Suhich, Building & 7oning �dministrator, from Greg Frank, City Fngineer, ' dated Febr_uary 7, 1977, Wear property. � We have received the proposed Sunny Kno11 sub- division and street grades and have the following � cor�snents : � l. 1he northerly 1/4 of the site drains to�aard � Zaatertown Road and the southerly 3/4 to the southeast to an existing drainage swale. � 2 . The street section proposed is 24 ' wide with a surface of 6" of Class 5 gravel. If this � is to be a private road, the section is satisfactory, however, i_he proposed street � does not meet the requirements for a City • street. 3. `ihe size of the culvert of �ti'atertown Road � :=hould be determined by the Public jaorks �upervisor. w 4. Drainage easements as shown in the attached print shall be included on the plat. � 5. We recommend that 5' utility easements be � provided adjacent to the street for future underground telephone, gas, and electric � service. � End of letter � Butler moved, Welsh seconded, to approve the preliminary subdivision request of Ruth Wear i Estates , 2901 �aatertown Road, per the Planning • Commission Minutes of February 7, 1977, and Engineer' s recommendations noting all conditions � as set forth. P4otion, Ayes (5) - Nays (0) . � S � � � � � � � ORONO COUr7CIL I�ETING HELD FEBRUARY 14 , 1977 Page 23 , � lienry Muhich, Building & Zoning Administrator, DREDGING PFRMIT . stated that Robert Birkeland, 1298 jaildhurst 1298 �aildhurst Trail Trail, has submitted an application for coripletion �217 � of a dredging project which was previously approved Robert Birke]_and in 1973. He informed me that this �aas a reapplica- � tion f_or completi.ng the dredg�_ng which was previously . approved and nevcr co�:�pletcd. � i�her_e seems to bf� �.>��ne qt�c�st.ion l�ere , ho;a�ver. . The current application and plans indicate a 5fl ' channel � and the app)_ication approved in 1973 denotes a 25 ' channel. � Tlze pronosed filling is a1 so questi_onab]_e. Gae hav� � no topo showing existing and proposed grades . The . proposed filling area indicated on the enclosed , r;�ap was drawn in free hand in ny office. � 7n reviewi.ng the history of the previously , �.p�roved dredging, I found scme documentati_on that some problems had resulted from some illegal � filling of wetlands . At that tir,�e, he ��as instructed to correct the problem, but I find no � evidence of any report approving any correction . of this violation (no engineering report) . � I ar,l enclosing copies of sor.�e of the correspondence and docur.�entation relating to the original � application made in 1972 , 1973, and 1974. r Sta�f - January 12 , 1977 � I might suggest reports from some of the other � departrlents as supporting data for action Planning Commission and Council might take on this proposal. Planning Commission r7eeting - January 17, 1977 � i•fr. Birkeland was present. Planning Cor:u:lission � very concerned over discrepancy in content of . application. Current application requesting approval of dredging of a 50 ' channel sup�osedly � approved in 1973 , yet old application and DNR approval stipulates 25 ' channel. Pdr. Bir}�eland � stated that he did not know where the 25 ' width car:le from. His plans are to finish the other � half which was not completed several years ago, . but would not r:�ake channel any wider than presently exists. After a lenQhty discussion, the Comr�ission � requested some additional inforraation from applicant including engineered dra�•aings and topos of existing � and proposed elevations and extent of dredging and filling. Planning Cor,unissi_on felt that the dr_�dging � r;�aterial should be used to�aard fill around the house as indicated on the plans. (Continued) � � � s ! • CRGI�O COUt�CIL �1t�EiING HELD rEBRUARY 14 , 1977 Page 24 � P�sr. Birkeland felt that engineered drawings and topos DREDGING PERI�•2IT would be too costly, but Commission felt this 1298 S°lildhlirst Trail � �,:ould be necessary to determine whether project (Cont:inued) -r:ould be new dredging or only r.iaintenance of � existing channel. Lack of proper plans with the . first application of 1973 has resulted in the u�icertainty of the proposal today. I�fr_ . Birkeland � i nforr,led the Cor,unission that he had submitted plans to some of the other agencies in 1973 and � wou7_d present �hem if found. � P1_,_:i�ning Com��i_ssi_on rlov2d to table until we � h��ve drawings and coi�plete description of chaiznel to be dredged, topos and plans for disposing of ` i��_11. Applicant was advised that �izy engineeriizg cc�sts would be borne by him. � rater in the evening, during di_scussi_on of the � lipper ��atershed Storage project, the Planning Coru:lission showed extreme concern over the long � range eff_ects from dredging and filling of wetlands , . �arshes and shorelines, They were also concerned �fai_th placement of the spoils so near the lake. � ;��cause of the si_milarity to the Birkeland proposal, the Co;nmission reconsidered their decision. P�4r. � Birkeland was no longer present, so the Zoning Administrator was directed to inform hir,i that the � Commission would reconsic3er the proposal at the ` next meeting of February 7, 1977, and not to invest iri the engineering costs. The Planning Coru:lission � �aould make a site inspection and check any old plans Mr. Birkeland might be able to produce. � Staff - January 19 , 1977 � Called rir. Birkeland at 2 : 45 P.P4, rdot in - left � r,lessage with son to return call. � Staff - January 20, 1977 � I�r. Birkeland returned call at 10: 15 A. P4. I � ex_plained Planning Commission reconsidering of proposal and informed him not to invest in � engineering costs until Planning Comr.lission reconsiders proposal on February 7, 1977. Also � informed him of moratorium on wetlands variances. � Staff - January 25 , 1977 • I am enclosing copies of some of the data Mr. � Birkeland said he would submit. He has also given ne t��ao photos which I cannot reproc_1uce. They � are in my file. They give us a better idea as � to the projected fill and dredging. � t�4r. Birkeland was quite upset when I informed him of the moratoriur,� recently declared on � dredc�ing and filling of wetlands. (Continued) � � ORON� COUNCIL MEETING HELD FEBRUARY 14 , 1977 Page 25 � Planning Commission Meeting - February 7, 1977 DREDGING PERMIT ` Commission reviewed the photos presented by Mr. 1298 Wildhurst Trail tr Muhich which Mr. Birkeland has recently taken of (Continued) the area indicating configuration of existing � channel and location of proposed fill. Mr. Muhich . informed the Commission and Mr. Birkeland that a moratorium on dredging has been declared since � this application. Any approval at this time would require a variance to the moratorium. � Cor:►r.iission made the suggestion that Mr. Birkeland � put a dock in front of his property. Mr. Birkeland felt that existing channel is man-made and should , be maintained. He has maintained this channel in order to eliminate any growth of algae and weeds � which does not look appealing. � After a brief discussion, the Planning Commission a recommended that Council honor the moratorium and table this matter pending a resolution to the � moratorium in effect until July l, 1977. � Mr. Birkeland was informed that this item would be before the Council on February 14, 1977, and he • could reguest a decision at that time. �' Council Meeting - February 14, 1977 � Mr. Robert Birkeland stated that frozen conditions � are required to dredge the area now rather than in the spring of the year and that this request is � part of an original request submitted in 1973. � Mayor Brad Van Nest asked where spoils would be � placed and that leeching of nutrients into the lake is a matter of public concern. Councilman � Massengale inquired if this was part of maintain- ing property or if it was an improvement. It � appears that a wider channel is being proposed than what was originally constructed in the � 1960 ' s. Councilman Massengale continued by S stating that the intent has to be clarified. Mayor Brad Van I�dest also reminded Mr. Birkeland ! that there is a moratorium in effect on all wetlands until July l, 1977. � Paurus moved, Butler seconded, to table the matter • until: � l. Width of channel is determined � 2. Determination of where spoils will be placed 3. Direct staff to make findings of all facts. � 4. Refer to Planning Commission for their review � upon finding of all these facts. Motion, Ayes (5) - Nays (0) . • � � � � ORONO COUNCIL MEETING HELD FEBRUARY 14 , 1977 Page 26 � Henry Muhich, Building & Zoning Administrator, SUBDIVISION stated that the Victoria Grain Company, 500 North 500 North Arm Drive � '�rm Drive, presented a prelir.iinary subdivision #200 � .equest for the above property. Victoria Grain Company � December 29, 1976 � Talked to representative from torrens title records office with Hennepin County. I was • informed that three parcels previously owned by . Paul Boeye (deceased) were filed as recently as December 6 , 1976 , listing Alii O. and Fern K. • Tezel as trustees. � Planning Cor,unission r4eeting - January 3, 1977 � Tabled - no revised plan. � Staff - January 17, 1977 � Memo to Administrator regarding contractor, * Mr. Larnbin, pressing for building permit on this property. We should be somewhat careful � here to prevent possible future problems like we are now having with the P4arge Gasch-Lorraine Parten � project. � planning Commission rleeting - January 17, 1977 � Mr. Wilensky from Brauer & Associates was present. � We expressed our concern over issuing building permit without completed plat. He assured us � he would be submitting revised plat shortly so platting procedures would continue. � * The Zoning Administrator informed the Planning Comr,iission that the sketch of the revised plat � included some changes on the marsh land perir:�eter as designated by the Soil Conservation District � and, therefore, could result in a problem with setbacks or dry buildable lot areas. � Staff - January 18, 1977 � ` Jim Anderson of Hennepin County Soil Conservation District called to inquire whether we wanted wet- � lands designation reaffirmed for developer. I informed his that we were interested for building contractor �benefit. His response was that he might find some difficulty getting to it for several � months because of frozen conditions. � Staff - January 21, 1977 �everal times during the week the contractor, Mr. � Lambin, has been in requesting a building perr.tit for Lot 6 of the revised proposal plat. I have � tried to explain to him that this is not permitted (Continued) � � • ORONO COUNCIL MEETING HELD FEBRUARY 14 , 1977 Page 27 � prior to filing of the plat - even by State SUBDIVISION Statute. I have not been able to convince him so 500 North Arm Drive �he changed his request by making application for (Continued) . one building permit on the original single parcel - Tract C of RLS #158. Tract C contains all of � Lot 6 plus about half of Lot 5 of the revised plat. The site plan submitted with the building plans, � however, indicates only Lot 6 as the proposed site. Therefore, his verbal request and data indicated + on the plans are not consistent. � Staff - January 21, 1977 � Enclosed is a copy of the report I prepared for � Council regarding my concern about issuing a building permit on properties which are not clearly � M defined. � Staff - January 24, 1977 � In trying to comply with Mr. Lambin' s plea to submit � the necessary revisions to speed up procedures, the representative for Brauer & Associates presented � me with additional copies of the plan of which I was somewhat skeptical. I am enclosing a copy of f this revised plan in the packet. � Mr. Lambin was somewhat irritated, but agreed to go � �ack to Brauer & Associates to try to get something together whereby we might be able to expedite the � proposal. The engineer followed through and submitted a revised plat. The revised plat, however, � indicated some changes of which I was sor.lewhat skeptical. These changes included an outlot and • a change in the boundary line of the wetlands and the failure to acknowledge the Ha soil type as wet- � lands. I was unable to convince the engineer that w our Planning Coi:u�ission and Council would possibly request further changes to eliminate the outlot � and the questionable determination of the wetlands boundaries. Mr. �ailensky, engineer from Brauer & � Associates, has requested a change in the wetlands line. Jim Anderson of the Soil Conservation District � made these changes on the soils map. The report � he submitted with the revised soils map qualifies . these changes. (Checl; the enclosed report. It � does not certify this area as acceptable for on-site sewage syster,is. ) � Planning Commission Pseeting - February 7 , 1977 � • The following were present: Robert Cargill and Richard Doherty, owners of Victoria Grain Company; �teve Wilensky and Mr. Brauer, Brauer & Associates; John Lambin, developer; and John Kacking, attorney. (Continued) � r � � ORONC7 COUNCIL MEETING HELD FEBRUARY 14, 1977 Page 28 � ' The Planning Commission reviewed the revised SUBDIVISION � preliminary plat. There was some concern over the � �00 North Arm Drive ` proposed Outlot A, the existing substandard on (Continued) acre lot, and the actual determination of wetlands � status located within proposed Lots 4 & 5. �, After much discussion, the Planning Commission recommended approval of the proposed plat subject � to the following conditions: � l. Conservation easement over Outlot B wetland area. � 2. Conservation easement over Outlot A to provide the necessary 2 acres for the on-site septic � system on the existing, substandard, adjoining lot. � 3. Combine Lots 4 & 5 as one building site until � the problem of determining the soil conditions and dry buildable area can be resolved. w 4. Preliminary approval does not indicate approval for any dock rights. � 5. Subject to a park dedication fee. � If City determines that the area designated by the Hennepin County Soils Conservation Distraict as Ha � soil, this area should not be included in calculating dry buildable area of Lots 4 & 5 individually. � Each lot will lack the required minimum 2 acre area. • This determination was recently made by the Planning Commission in the case of the Painters Creek sub- � division proposal. r Council Meeting - February 14, 1977 � Also present at the meeting concerning the Victoria Grain Company request was Mr. Hacking, Mr. Berg, � Mr. Dougherty, and Mr. Brauer. r Mayor Brad Van Nest stated that conservation easements are required to preclude any and all structures. � Mr. Hacking stated that we do want a provision • provided for private docks. rsayor Brad Van Nest stated that the design of the proposed dock is not � clear, 2) what are the docks proposed to be used for, 3) what dredging will be required to satisfy � this dock construction and use, 4) how many lots will the dock serve. � Mr. Dougherty stated that one dock which is proposed � for six lots of Tract C is proposed as a riparian right lot if it is determined that this Outlot C � is lakeshore property. � Mayor Brad Van Nest stated that since this is informa- � tion for the applicant only at this time, that the applicant should: 1) prepare documentation for the � Planning Commission related to conservation easements, 2) plans and specifications for proposed docks and � dredging and develop any and all standards required for this proposed subdivision as suggested by the � Planning Commission and present this material to the � Building & Zoning Administrator. i � ORONO� COUNCIL MEETING HELD FEBRUARY 14 , 1977 Page 29 � Henry Muhich, Building & Zoning Administrator, VARIANCE stated that Gary Petersen, 3545 Ivy Place, has 3545 Ivy Place � made application for a variance on Lots 184 and #219 SW. 45 ' of Lot 185 , Taylor' s Subdivision of Gary Petersen � Spring Park. � Mr. Dave Newman, attorney, represented r4r. Petersen. � He presented a report by his associate, Douglas Klint, regarding applicant' s position regarding � variance proposal (copy enclosed) . � The Zoning Administrator explained request as M submitted which included four variances. Also noted that applicant had indicated he would move � the proposed house location if necessary to meet the lakeshore setback requirement. More engineering � data and surveys would be necessary to confirm this, however. , � : Tract V, a vacant parcel, directly northwest of the subject lot is currently owned by the State � of P�innesota due to tax forfeiturP. Any proposed structure on Tract V would not meet setback require- � ments. A combination of these two parcels would eliminate the current problem of two adjoining � substandard lots. • The Planning Commission recor,unended denial of the . variances because the travelled road currently located witYiin the lot lines of Lot 184 deducts � from the total buildable area of this lot and additional land is available. • � Council Meeting - February 14, 1977. s Mr. Dave Newman, attorney representing rir. Dave Petersen, read into the record the following � Statement of Facts: � Mr. P. Gary Petersen has purchased the above � described property from the Estate of Arthur P. Bendel with the intention of building a house and � living on the property. The property was platted in 1885 as Lot 184 of Taylor' s Subdivision of � Spring Park Lots and was in cor;lpliance with all 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 sq. ft. to 12 , 500 sq. ft. P-ir. Petersen' s property is 14,271 sq, ft. in area. Al1 S the other lots in the subdivision are built on. (Continued) � � � � � ORONO COUNCIL MEETING HELD FEBRUARY 14, 1977 Page 30 � The property has been assessed for sewer and VARIANCE � water and the following special assessr.ients remain 3545 Ivy Place �unpaid: $225. 00 sewer plant charge, $375. 00 SAC (Continued) 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. w Approximately 80 years subsequent to the time the property was platted, the Village of Orono adopted � a zoning ordinance setting a minimum lot area of 2 acre and a 100 foot lot width. P4r. Petersen' s � lot does not meet these requirements. The property . will be residential, the purpose for which it was zoned. Also, Mr. Petersen' s proposed dwelling will � comply with the setback requirements of the zoning code. � LAW: � By Minnesota Statute, an applicant is entitled to � a variance where the strict enforcement of the . zoning ordinance would cause undue hardship because of circumstances unique to the individual ` property under consideration. In the present case, the very fact that the property was properly � platted 80 years prior to the adoption of the zoning �ordinance renders it unique and results in hardship as a r►atter of law. � The lot is substandard only because it does not � meet the area and width requirements of the zoning code. The property is the largest lot in the � subdivision and yet is the only lot which has not been built on. It is interesting to note that � there are other lots in the subdivision which are sr.ialler and yet were built on prior to the effective � date of the zoning ordinance. The former owner � could have built on the property in 1966, but not in 1967 after the zoning code was effective. � Such an anamolous situation was not envisioned by the zoning code. � If the variance is not granted, the lot cannot be � built on and the property will be rendered sterile. • No parctical use can ever be made of the property. Consequently, there is a taking of private property ` without due process of law. � In 3 Anderson, American Law of Zoning, S14. 51, it is stated: � � "The clearest case of hardship due to the literal application of zoning regulations is that of the M substandard lot which cannot be used for any purpose without relief from the restrictions. (Continued) � � � � ORONO COUNCIL MEETING HELD FEBRUARY 14 , 1977 Page 31 � Welsh moved, Butler seconded, to table the VARIANCE variance request for Gary Petersen, 3545 Ivy 3545 Ivy Place �lace, until more information is available which shows, 1) hardship should be documented, (Continued) S 2) assessments and back taxes should be � clarified, 3) P�4r. Petersen should attempt to negotiate purchase of parcel northwest of � proposed lot. Motion, Ayes (5) - Pdays (0) . w • Henry Muhich, Building & Zoning Administrator, SUBDIVISION stated that James Sidwell, 1375 Park Dive, has 1375 Park Drive � submitted the necessary mylars and hardshells #120 for final plat approval. Dimensions conform to James Sidwell � those on the preliminary sketch. I have informed both the owners and real estate representative � that I could have them no assurance of approval • of the final plat. � If the decision is for approval, I am enclosing a copy of a resolution draft for your review. � We will add any conditions the Council or Planning Commission might determine should be included. • Park dedication fee on this proposal would be $2 ,000. � Planning Commission PZeeting - December 20, 1976 � The Sidwells were present. A motion was made to � recommend denial recognizing the misconception of applying the 80o area requirement which is principally � used for variances of existing parcels and not in new subdivisions. Motion failed by 3 to 2. • � Planning Commission then recommended approval by a 3 to 2 vote. Justification: � 1. The lots are compatible with others in the � vicinity. 2. The Planning Commission felt the applicant was � led to believe preliminary approval assured final approval and, therefore, invested in the � costly mylar and hardshells as required. � 3. Two sewer unit charges. � Conditions: � l. Payment of $2, 000 park dedication fee. 2. City Engineer' s approval of house location � and drainage plans. � Council P4eeting - January 10, 1977 + Approved subject to Planning Commission justifications ` and conditions. (Continued) � � � � � ORONO COUNCIL MEETING HELD FEBRUARY 14, 1977 . Page 32 � Staff - January 11, 1977 SUBDIVISION 1375 Park Drive ^hecked into sewer assessment status. Sent memo o Finance Department requesting status as they (Continued) appear in Finance Records. Copy of r�emo enclosed. � Response from Finance Department is �aritten below my memo. I do not know exactly what it means � except that it appears only one unit has been charged to entire parcel. I will check this out � in other department record� when I finish upcoming Planning Commission agenda. � • If it is true that there is only one unit charge on property, I believe we could reconsider the + division or add a second unit charge. � Staff - January 13, 1977 � House location and drainage plan approval report • received from engineer today. � Staff - January 14, 1977 � After reviewing the sewer status, the Zoning Administrator discovered the property was not � assessed for two sewer charges. Attached are copies of two reports made to the City Administrator � �xplaining the sewer assessment situation as oppcsed _ • co what the owner had stated at the public hearing of June 8, 1976 , noted in his earlier application � made in March, 1974. � Council Meeting - January 24, 1977 r The Zoning Administrator informed the Planning . Commission that Council had approved this sub- division; however, after reviewing reports received � from staff concerning the sewer status, Council suggested this application return to the Commission � for their reconsideration based on the new evidence presented. Original application made 2-3 years � ago indicated two sewer charges were assessed to the property (this statement was noted on the � application and signed by Mr. Sidwell) . Minutes of . the June 8, 1976 meeting also indicate payment of two sewer charges as one of the hardships demonstrated � by Mr. Sidwell. � Mr. Sidwell and his attorney were present. It is their feeling that they made every effort to comply � as required and have relied on the action of the � Planning Commission and Council. The mistake was found after final approval. To deny on this � technicality would be unfair as information on the assessment was received from the City. They � have since gone through the expense of preparing mylars and hardshells and have sold the property � as two separate parcels. (Continued) � . ORONO COUNCIL MEETING HELD FEBRUARY 14, 1977 Page 33 � Chairman Hannah stated that the Planning Comr.►ission SUBDIVISION recognized their problem; however, it is the feeling 1375 Park Drive �f the Planning Commission that there is no guarantee (Continued) on anything until the mylars and hardshells are . signed and a resolution is adopted. � After some discussion, a motion was made to deny � this final subdivision because it is a new sub- division and does not meet 100$ of the ordinance. � The motion failed for lack of a second. �' Zoning Administrator informed the Planning Commission � and 1`4r. Sidwell that he had misinformed the Sidwells concerning payment of the sewer assessment should � this subdivision be approved. He was instructed to advise Mr. Sidwell that the sewer assessment � would not be $1,495 as quoted, but rather would be subject to the same rate as the sewer assessments � for the 73-1 projeet. � Motion was then made to recommend approval on the � basis that the property is consistent with the neighborhood, prior approval had been granted, and the time and money that have been involved. Motion failed, Ayes (1) - Nays (2) , Abstention (1) . � Council Meeting - February 14, 1977 ir. Clause M. Loewenthal, Sidwell's attorney, � entered into the record the following statement: � James and Lynn Sidwell (Sidwells) purchased the property located at 1375 Park Dr�ve in 1971. In � 1976 , they applied for a subdivision based on a plan that provided for two lot� of 100 feet frontage, and � over 80� of the area requirement. This division was + proposed after consultation with City officials. At the Planning Commission meeting of June 8, 1976, � after public hearing, the proposed subdivision was • approved. Approval was based on the fact that the lot area met 80$ of the requirement and the width � was similar to existing lots in the area. (Mr. Sidwell had presented a report that established � that 52 out of 64 lots on which there was a home on the lake had less than 100 feet frontage. ) It is � to be noted that the issue of whether there were two sewer assessments concerning this property was � not raised and passage was based on substantial • conformance with local ordinances, and compatibility and consistency with existing lots in the area. � At the Council meeting of June 14, 1976 , a motion • to deny the subdivision was defeated, and a motion to approve, subject to engineer approval of drainage, � �lacer,ient of the house, and payment of park dedication fee was passed. The minutes do not reflect consideration � of sewer assessments. After this meeting, Sidwells - had mylars and hardshells prepared, and attempted � to pay the park dedication fee. (Continued) � � � ORONO COUNCIL MEETIPIG HELD FEBRUARY 14, 1977 Page 34 f The r.►inutes of the Planning Commission meeting dated SUBDIVISION December 20, 1976, state it is a final consideration. 1375 Park Drive A motion was made to deny approval because the area (Continued) and frontage considerations which formed part of the basis for prior approval were inapplicable to this new subdivision. That motion failed. �he motion for final approval was passed for the following � reasons: the proposed lots were consistent with the neighborhood, the applicant was led to believe � that preliminary approval assured final approval • and went to additional time and expense of mylars and hardshells, and two sewer assessments were � charged. The Commission once more directed payment of park dedication fee and receipt of the engineer' s � approval of house location and drainage. The existence of two sewer assessments .is one consider- � ation among several reasons for passage. The most important consideration, consistency of the � neighborhood, still existed. � At the Council meeting of January 10 , 1977, a � motion was made to deny approval of the sub- division based on the misapplication of the 80� � requirement. That motion failed. Evidently� it did not feel this requirement was crucial in this instance. Final approval was passed by a four to • zero vote, based on the following reasons; the lots are compatible with others in the vicinity, the � 2lanning Commission felt the applicant was led to believe preliminary approval assured final approval ' and, therefore, invested in the costly mylar and hardshells as required, and two sewer unit charges. � Except for the two unit charges, the Council again based its decision on consistency with the neighbor- � hood, and now upon Sidwells ' reliance prior approvals. + The existence of two sewer unit charges has always been a fact exclusively in the posseesion of the City. � Sidwells have not deceived the City in any manner, on the contrary, from the beginning of their trans- actions with the City they have cooperated and been entirely candid with its officials and elected bodies. Certainly, there has not been any circumvention of a ordinances, nor has there been an attempt to use technicalities to force their will, Sidwells have . always stood ready to comply with the requirements directed by the Commission and Council. � In reliance on the consistent passage of this sub- � division, Sidwells sold both the lot with the home and the vacant lot. The purchaser of the vacant lot � has sold his home in the belief that a buildable lot was ready for their construction, and in anti- cipation of that, they retained the services of an �rchitectural firm to draw plans for a house to cost approximately $100,000. Those plans have been � examined and been found satisfactory by the City. (Continued� � � s � ORONO COUNCIL MEETING HELD FEBRUARY 14 , 1977 Page 35 � Sidwells have incurred the following expenses in SUBDIVISION regard to this subdivision: 1375 Park Drive �pplication fee $ 130.00 �Continued) Survey, topography Mylar, Hardshells 959. 00 Information re: other a lot owners 100.00 Abstracts of Title 150.00 � Sales Commission 2 ,600. 00 � Total $3, 939.00 � Of course, these expenses would not be recoverable , in the event of denial of the subdivision, and the buyer has no recourse but to recover its costs and . expenses from Sidwells, including, but not lir.lited to a fee of over $1, 500. 00 for the architect services. � Clearly, it would be inequitable to deny the. sub- division at this time. If it were presented to the Council for the first time, then Sidwells would � face no further jeopardy than any other normal • applicant. But, at this point in time, they have incurred considerable expense and face further costs • and a lawsuit. � In considering the lots themselves, it is evident hat they are compatible with others in the area. � The proposed home to be built will be a considerable asset to the neighborhood. The adjacent land owners are in favor of this development, and it will arrest • a concern with respect to erosion on the building lot. The only object3on is that actions were taken in the mistaken belief that two sewer assessments existed. � Although this may be the fact, its discovery was not based on any misrepresentations made by Sidwells. � The City had that knowledge at its disposal from • the beginning of this proposal. If anything, both parties were mistaken, but Sidwells are potentially asked to bear the burden of that error. The technical requirement for the unit charges is important and � valid, but such a technicality should not stand in the way of a just and equitable resolution of a � difficult situation. The Council's concern must be the overall well being of the community, and � in this instance that is not served by penalizing • Sidwells, but by permitting construction of a home on a lot that clearly conforms with the nature of, and will be an asset to the neighborhood. (Continued) � � s ORONO COUNCIL MEETING HELD FEBRUARY 14 , 1977 Page 36 Mr. Sidwell commented that he is willing to pay SUBDIVISION all and any additional assessments that are due 1375 Park Drive �bject to the last 1973-1 constructions costs. (Continued) Butler moved, Paurus seconded, to adopt Resolution RESOLUTION #757 S #757, A Resolution Approving The Sidwell Addition, Sidwell Subdivision subject to all and any additional assessments being a paid based on 73-1 construction costs and title opinion being submitted to the City. t�otion, � Ayes (3) - Nays (2) . Mayor Van Nest and Council- . member Welsh Nay. • RESOLUTION #757 � WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State � of Minnesota, and � WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City, and WHEREAS, the City Council has considered the application for a subdivision plat for the Sidwell Addition by Jar.ies E. Sidwell. -7W, THEREFORE, BE IT RESOLVED that the City Council i the City of Orono hereby approved the plat for the Sidwell Addition, Hennepin County, Minnesota, � subject to the following: � 1. Receipt of the park dedication fee of $2, 000. 2. Approval of the City Engineer on the drainage S and house location. � 3. Title Opinion addressed to the City. � 4. Receipt of one sewer unit assessment in the amount of $3, 859. 05. This resolution will expire on July t, 1977, if the aforesaid subdivision plat has not been filed with the Hennepin County Register of Deeds. In that event, it will be necessary to � file a new application with the City of Orono for subdivision approval. � • Motion, Ayes (3) - Nays (2) . � � s OROrdO COUNCIL MEETIPdG HELD FEBRUI�RY 14, 1977 Page 37 Henry Muhich, IIuilding & Zoning Administrator, CONDITIONAL USE PERMIT stated that the Good Shepherd Parsonage, 2466 2466 Dunwoody Avenue � Dunwoody Avenue, is requesting a renewal of the #225 original conditional use permit approved by Good Shepherd Parsonage Council August 25 , 1975. At that time� the . Council suggested this be returned for review and renewal after a year' s operation. Although this condition was not part of the motion in the minutes, the Council was concerned because of the intended public use of a private access road. This application varies a little from the previous one. The application approved in 1975 notes the proposed use as a Daytir.ie Activity Center. The current application indicates the � proposed use as educational facility and program for the developmental delayed. The enclosed sketch shows a proposed parking � area and driveway located on the church property with access from the church parking lot. This would eliminate excessive use of the private access road and hopefully eliminate the concern of other property owners using this private access. Planning Commission Meeting - February 7, 1977 � Planning Commission reviewed proposal - no one present objecting to proposal - no letter of objection on file. Agreed extended driveway and walkway was improvement to previous proposal which limited access through private road only. Showed some concern with proposed expanded educationai facility in parsonage in residential area. The Planning Commission felt the revised proposal was an improvement to previous request so recommended approval subject to limiting use of private access road to emergency and delivery vehicles only. 2�assengale moved, Butler seconded, to approve the conditional use permit renewal for the Good Shepherd Parsonage, 2466 Dunwoody Avenue, subject to: l. Renewal in one year 2. As per all Planning Commission recommendations 3. Delivery of handicapped children 4. Road and parking lot construction to be corapleted by August 1, 1977 5. i�4ain access fror;t church Motion, Ayes (5) - Nays (0) . � � ORONO COUNCIL P�IEETING HELD FEBRUARY 14, 1977 Page 38 Henry Muhich, Building & Zoning Administrator, CHILD DEVELOPMENT CENTER that Rebecca Derry is considering purchasing 3580 Watertown Road � the Ilursery & Child Development Center, 3580 Watertown Road, and conti�nuing the same use. I see no problem in this, but I think we should get some confirmation on the maximum number of students and teachers involved. I believe we � should also inform the applicant how we might � feel about any possible future expan�ion of the facility. We should also resolve parking requirements here so as to prevent any problem from excessive on-street parking. Although this is an existing non-conforming use, I think the Planning Commission and Council should review all projected transfers if any conditions might be appropriate. Planning Commission Meeting - February 7, 1977 Planning Commission recommended approval of this request and made the applicant aware that any expansion to the current facility would have to be brought to the attention of the Planning Corunission and Council through application of a conditional use permit. Facility is currently State licensed and the State controls the number of children involved. , Butler moved, Welsh seconded, to approve the request of Rebecca Derry to continue the � Nursery & Child Development Center, 3580 Water- town Road, per the Planning Commission Minutes of February 7, 1977, and new conditional use perr•1it if property should change hands. Motion, Ayes (5) - Nays (0) . I . . . Henry Muhich, Building & Zoning Administrator, VARIANCE stated that John Fionour, 3560 Ivy Place, is 3560 Ivy Place requesting a variance for an addition to a non- #224 conforming lot and dwelling location. John Honour ' Required Existing Variance Area 21,780 sq. ft. 16 ,000 sq. ft. 5, 780 sq. ft. ��idth 100 ft. 50 ft. 50 ft. Side Setback (Exis�ing) 7.5 ft. 10 ft. 2.05 ft. Lake Setback 75 ft. 40 ft. 35 ft. Lake Setback for Addition 75 ft. 65 ft. 10 ft. The property is sewered. (Continued) � � ORQNO COUNCIL MEETING HELD FEBRUARY 14, 1977 Page 39 � Planning Commission P�eeting - February 7, 1977 VARIANCE 3560 Ivy Place Honour was present. The proposal consists (Continued) � f•extending second floor roof line over existing single story portion of house toward � the road and an 8 ' X 16 ' enclosed addition to the rear. Although, the second story addition � is located only 65 ' from the shoreline, it would not add to the present hardcover. The 8 ' X 16" '� addition exceeds the required 75 ' lakeshore set- • back requirement. He stated the addition wou�d � not impair the vision of the neighbors. i � The Commission recommended approval of the lot � variances and addition to a non-conforming structure on the condition the applicant obtain • a letter of no objection to the proposal from � the neighbor at 3550 Ivy Place. Justifications: � l. Pre-platted lot 2. Proposed addition does not add to hardcover � limitations 3. All other setback requirements would be met. • Staff - February 9, 1977 • Mr. Honour submitted the letter of no objection ror.t neighbors as requested by the Planning ommission. r Welsh moved, Butler seconded, to approve the variance request of John Honour, 3560 Ivy Place, � per the Planning Commission minutes of February 7, S 1977. Motion, Ayes (5) - Nays (0) . � Henry Muhich, Building & Zoning Administrator, VARIANCE • � stated that Vincent Johnson, 469 Tonkawa Road, 469 Tonkawa Road is requesting a lot area and width variance. #22g � Vincent Johnson Application submitted on February 2, 1977. Request • for lot area and width variance � Lot Area Lot ��idth � Required 43,560 sq. ft. 140 ' Existing Conditions 25,000 sq. ft. 100 ' ,� Variance 18, 560 sq. ft. 40 ' ;� The applicant has agreed to combine Lots l, 2 , 15 & 16 as one parcel if the variance is � approved. � lthough the combined parcel lacks required area �nd width, each one of the individual lots has been assessed for 1/4 sewer unit for a total of � one sewer unit for the complete combination. (Continued) • r � � OROi10 COUNCIL P�EETING HELD FEBRUARY 14, 1977 Page 40 � The engineer evidently considered the combination VARIANCE of the four lots as one complete building site. 469 Tonkawa Road The property (all four lots) has been assessed (Continued) � one unit charge of $3, 859.04 and 100 ft. of lateral, charge of $1, 830.00 for a total of � $5, 689.04. � The proposed location of the dwelling would meet all setback requirements. We should make certain ` a garage is included in the plan so no variances would be requested for any future garages or � other structures. � The original proposal also indicated a driveway � toward the north half of the parcel. After informing the applicant the County would have r to approve access onto a County road, he has reversed the house plan in order to locate the i driveway further toward the south to improve the problem of sight distance as indicated in the S enclosed County Highway report. We might consider � noting an exact dimension for locating the drive- way to assure us of the safety suggestion by the � County Highway Department. � After reviewing the proposal and County Highway Department suggestions, I believe we should • require a contour map of the property indicating ' • existing and proposed elevations so the County can review the proposed drainage pattern before � any building permit might be issued. 4�Ie could defer preparation of the topographical map until � such time we determine whether we should approve the variances. • Planning Commission Meeting - February 7, 1977 • � Recommended approval subject to the following conditiions: A l. Combination of all four lots. � 2. Pdew structure to include garage to eliminate any probler_i with garage location in the future. • 3. Proposed structure meet all setback requirements. • 4. Reverse house plan to provide greater sight distance from driveway access along County Road � #135 - (locate driveway access as close as possible to south property line) . � 5. Submit topo map with existing and proposed elevations. 6. Submit drainage plan agreeable to County Public • Works Department. 7. County approval of driveway access. • �Justifications: ` 1. Combined parcel similar in size to contiguous properties. � 2. Four parcels combined have been assessed one � complete sewer assessment. (Continued) � • ORONO COUPICIL MEETING HELD FEBRUARY 14, 1977 Page 41 � Butler moved, Welsh seconded, to approve the VARIANCE variance request of Vincent Johnson, 469 Tonkawa 469 Tonkawa Road Road, per the Planning Commission P4inutes of (Continued) • February 7, 1977, noting that the construction of the municipal sewers made this possible. A Motion, Ayes (5) - Nays (0) . � Henry Muhich, Building & Zoning Administrator, VARIANCE � stated that the application of Joe Van Bockel, 2800 Shadywood Road 2800 Shadywood Road, for a wetlands uariance, #229 � dredge existing slip and riprap shoreline was Joe Van Bockel submitted February 3, 1977. The subject slip � already exists on th� property. It is currently covered by a boathouse (hardcover) badly in need • of repair. The shoreline within the slip is not e properly protected (creosote niling and metal sheathing) . � The applicant was considering repairing the � existing structure and riprap. After consulting with me, he considered my suggestions and returned • with the enclosed application consisting of removal of the existing boathouse and metal � retaining wall and dredging of the silt which � has eroded into the existing slip. The proposal includes replacing the metal retaining wall � with minimum 12" rock riprap to complete existing riprap along shoreline of his property. � He would also replace the existing boathouse with a metal pipe and canvas cover boat cover. • • The stone riprap would be a great improvement to the sheet metal retaining wall and prevent ` continuous erosion. The substitute structure would also eliminate the existing hardcover � conditions. � The Council has declared a moratorium on any permits to wetlands; therefore, if we do � consider approving this request, we would • have to grant a variance to the moratorium also. r Planning Commission Meeting - February 7, 1977 S Recommended approval of completing riprap and construction of pipe and canvas boat shelter � as proposal would be improvement to existing • sheet metal retaining wall and boathouse and would eliminate shoreline hardcover. Planning � Commission did not approve dredging. Mayor Van Nest moved, Butler seconded, to approve � the variance request of Joe Van Bockel, 2800 Shady- � wood Road, per the Planning Commission Minutes of February 7, 1977, subject to this approval being � for maintenance dredging only and is to be done according to the Minnehaha Creek Watershed District � specifications. Motion, Ayes (5) - Nays (0) . • � • ORONt� COUNCIL rZEETING HELD FEBRUARY 14, 1977 Page 42 � Henry Muhich, Building & Zoning Administrator, LOT REARRANGEMENT & stated that June 12, 1975, George Toman, 100 Orono VARIANCE � Orchard Road, and Richard Backstrom, 95 Smith 100 Orono Orchard Road Avenue, requested a lot split and combination. 95 Smith Avenue � #21 • Lots 61 & 74 are presently combined and owned Toman & Backstrom by P4r. Tor.ian. P�ir. Backstrom owns Lot 62. The � current proposal by these parties is to split all but the south 15 ' of Lot 61 and combine � the remaining 139. 4 ' of the lot with Lot 62 as one parcel. • , The Backstroms are interested in combining this property so as to prevent any possible future � subdivision and development. This area is currently zoned LR-1B (1 acre minimum area) . � The combined part of Lot 61 & Lot 62 would consist of only 31, 480. 8 sq. ft. , but would definitely � insure us of less density. � If approved, the applicants should be instructed . to submit a survey of the new properties for recording and files. � Planning Commission P4eeting - June 16 , 1975 ! Planning Commission recommends approval of this • lot split and cor.tbination. � Council Dseeting - June 24 , 1975 � Approved subject to filing final plat. • Staff - February 3, 1977 � This proposed lot rearrangement was never resub- • mitted properly for final approval. We never � received the necessary mylar and hardshells, and, therefore, the changes were never recorded. � Since that time, Mr. & r�Irs. Schleich have purchased � the one revised parcel located at 100 Orono Orchard Road. In April 1976, he requested a building � permit for an addition. The lot was substandard so variances were required. Upon review of the � status of the property, we found the final plat � was never approved. The applicant submitted an application for the variances, but was informed � Council could not act on the matter unless we had a lot of record to deal with. tsr. Schleich � was unable to contact the original applicants to complete the original lot rearrangement transaction, � so he has submitted the necessary mylar and hardshells � himself. (Continued) � � • � . � OROi70 COUNCIL MEETIPIG HELD FEBRUARY 14 , 1977 Page 43 � The proposal here consists of two separate LOT REARRANGEMENT & requests - one for approval of the final plat VARIANCE _ � and the second for the necessary variances on 100 Orono Orchard Road & � the proposed addition. 95 Smith Avenue (Continued) w The necessary mylar and hardshells were submitted February 3, 1976. Dir. Schleich requested we � begin with the procedures for final plat approval and variances. � • The dimensions indicated on the final plat coincide with those on the proposed preliminary i plat. At the time the preliminary plat was approved, we indicated that a cor.ibination of � Lot 62 and the remainder of Lot 61 would be a condition of the approval. The combination • has not as yet been made. P�ir. Backstrom did call the Assessing Department on January 11, 1977 � requesting the cor.ibination, but the assessor • cannot record the combination until the anplicant signs the application for combination. I am � enclosing a copy of the unsigned application for combination. I believe we could approve the � final plat conditioned on this combination. � Re: The following variances reguire approval • before a building permit can be issued for the � proposed addition: Lot Area Lot Width � Required Dimensions 87,120 sq. ft. 200 ' • Existing Conditions 22,720 sq. ft. 145 ' Variances Necessary 64,400 sq. ft. 55' � Planning Commission Meeting - February 7, 1977 � Recommended approval of final lot rearrangement S plan subject to combination of Lots 61 & 62 by . Mr. Backstrom. Recommended approval of variances for proposed addition subject to recording final � plats. Justifications: no other land available. • Butler moved, Welsh seconded, to adopt Resolution RESOLUTION #754 • #754, A Resolution Approving The Paul J. Schleich Paul J. Schleich • Lot Rearrangement, as per Planning Commission 100 Orono Orchard Road recommendations of February 7, 1977. Motion, � Ayes (5) - Nays (0) . � � Butler moved, Welsh seconded, to grant the variance VARIANCE for Paul Schleich, 100 Orono Orchard Road, as 100 Orono Orchard Road � per the Planning Comnlission recommendations of �February 7, 1977. Motion, Ayes (5) - Nays (0) . • e • � �ORON�J COUNC IL MEETING HELD FEBRUARY 14, 19 7 7 Page 4 4 � Mr. Alan Olson, Assistant Building & Zoning SKI-TONKA STATUS �dministrator, stated that the Ski-Tonka icense status is as follows: � Phase II - There has been no submittal to date. � Phase I - We have the following: � l. Signed application form, received ' January 28, 1977 2. $100 license fee � 3. Certificate of insurance for $300, 000 personal injury liability, and $100, 000 � property damage 4. Letter listing hours of operation, � personnel, equipr.ient, safety devices, • and manager's name (Richard Primus) i Phase II - We do not have the following: l. Up-to-date plat map showing the A location of all runs, equipment, safety devices. (This was due prior � to the Planning Comr►ission meeting of February 7, 1977 and is still expected � by February 14, 1977. ) � 2. Engineer' s safety report. Inspection occurred February 11, 1977; report due � next week but most likely not before Council meeting. � Mr. John F. Bonner, attorney for Ski-Tonka, entered � into the record that his letter to Mr. Alan Olson stated that: � . Enclosed herewith pursuant to your letter dated January 25, 1977, is a License Application, � together with addenda and $100 license fee. � As you recall, it is our intention that this License Application cover the entire ski operation, operation � under the license with respect to that portion of • the area designated by you as Phase II to await final zoning approval. I understand that authority � for the granting of the single rather than multiple lic�xise to be 69A. 010 (b) Municipal Code of Orono � which defines ski area as: � "A designated piece of land, including any and all buildings and related structures thereon, S which is kept, used, maintained, advertised as, � or held out to the public as an area primarily for those seeking recreation in the form of ,� skiing. " �,s you are aware, the current operation, whether designated by the r.lunicipality as Phase I or � Phase II is nonetheless a single operation. • (Continued) • i �RO310 CUUNCIL MEETING HELD FEBRUARY 14, 1977 Page 45 `After reviewing Mr. Bonner' s letter, Councilmember SKI-TONKA Walter Massengale informed Mr. Bonner that part (Continued) the context of the letter was incorrect and at the City of Orono does not consider Phase I �and Phase II as a single operation, and the �record should be cleared to that effect. Further- more, efforts have not been made by the applicant �to apply for a Phase II application. Councilmember Massengale continued by stating that an engineer �that is going to be provided to complete the � inspection has to be qualified in ski operations �nd safety devices related to that operation. in orc�er to assure the City that the safety, health �and welfare of the patrons of Ski-Tonka is provided �or. �Butler moved, Welsh seconded, to extend the Phase I temporary license for Ski-Tonka until February 28, M1977, when at that time, a satisfactory inspection of Phase I of Ski-Tonka will be performed by a �ualified engineer. Furthermore, Phase II has to �e considered as a separate application which has o be applied for through the Building & Zoning �epartment which will then go to the Planning Commission for their review and recommendation. �Iotion, Ayes (5) - Nays (0) . • � �utler moved, to approve as per Planning Commission RIPRAP PERMIT `ecommendations the riprap and seawall request of 2975 Casco Point Road Stewart Perry, 2975 Casco Point Road. P-Zotion failed for lack of second. �. Alan P. Olson, Assistant Building & Zoning �dr�inistrator, stated that the application of tewart Perry, 2975 Casco Point Road, is before e City to review work that was done without ouncil authorization as required by 31. 700. �e last action by Council was June 14, 1976, when Mr. Perry was advised that the retaining �11 portion of the work was reluctantly approved, but that the seawall must be removed. The �closed correspondence followed, and then Perry was tagged for non-compliance to 31. 700 September 8, 1976. The matter was before the '`-inicipal Court on January 18, 1977 for a pre-trial hearing at which time Mr. Perry suggested a compromise. � � (Continu�d) � � � � ! � ORONO COUNCIL r�EETING HELD FEIIRUARY 14 , 1977 Page 46 � Briefly, in lieu of removal of the treated RIPRAP PERP�iIT wood seawall, 2�ir. Perry says he will cover 2975 Casco Point Road � the wall with a new mortared stone facing (Continued) • 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) . 'rhe matter is on the Court • calendar for litigation February 15, 1977 for trial or continuance depending upon the * Council decision. � Planning Commission r4eeting - February 7, 1977 � Planning Comriission examined photos and sample of stone he provided. Corunission discussed � situation and considered Mr. Perry' s suggested + addition of a mortared stone facing covering the bottom two ties of the seawall. Planning . Comrnission recommended (agreeable to P'ir. Perry) approval to remedy an existing situation only; � they said that they would not have approved it if originally presented this way. Approval � is subject to the City Engineer' s recorunendations � on effective height. Mr. Perry was not present at the Council meeting � of February 14, 1977. � Massengale moved, Butler seconded, to table the riprap permit request of Stewart Perry, 2975 � Casco Point Road, until later on in the evening� when P4r. Perry might be present. P�totion, Ayes (5) - � Nays (0) . � At 12:25 A.M. , the Council again reviewed the � Council agenda iterm #17, Stewart Perry; it is noted that Mr. Perry is still not present at � the meeting. ' Mayor Van Nest moved, Massengale seconded, to table this matter until the next Council � meeting, February 28 , 1977, and requested the • City Attorney to review the entire matter for that meeting. Motion, Ayes (4) - Nays (0) . � � r�ir. Alan Olson, Assistant Building & Zoning MARINA LICENSING STATUS � Administrator, stated that: � Marina licensing status - refer to individual � marina memos for detailed information and compliance performance. � Recap as of February l, 1977. �� All 1976 licenses issued. (Continued} � � �ORdNO COUNCIL MEETING HELD FEBRUARY 14 , 1977 Page 47 � 1977 Applications received, memo prepared: MARINA LICENSING STATUS (Continued) � Foxhill Homeowner' s Association PZinnetonka Power Squadron ` �Vayzata Yacht Club , * North Shore Union 76 North Star Marina • � Paul's Landing Windward Marina � Minnetonka Boat Works Stubbs Bay Marina � � 1977 Applications expected: � North Shore Drive Marina (owner Larry Hork called 1/21/77 to say that personal illness � had delayed his application and that he was no� proceeding with it. ) • Gayles P�arina (no an�wer to repeated calls) . � . Planning Comr.iission r4eeting - February, 7, 1977 � Recommended the preparation of resolutions as - was done in 1975 to be agreed upon by the City � and the marina operat�rs. prior to licensing and to specify expected performance during the � third year of the four-year improvement program. � 1977 Application Status: � North Shore Drive Marina application received 2/4/77 Staff unable to contact Gayles Marina � • Butler moved, 2•'tassengale seconded, to table the marina licensing until the regular meeting of + February 28 , 1977. Motion, Ayes (5) - Nays (0) . � Mr. Maxwell Alvord discussed with the Council DOG KENNELS � his concerns with the dog ordinance which does not address itself to a hobby kennel and feels , ' at this time, that a hobby kennel is being . penalized under the present ordinance. Mr. John � Lanier stated that he does have show dogs and • a hobby kennel that do not require restrictions as such, and do not disturb the peace or create � a nusiance. � Mr. Alvord stated that he would be more than happy to research a model ordinance and a recommendation � to revising the present Orono ordinance and have that information for the next Council on February 28, � 1977. �Mayor Van Nest moved, Butler seconded, to table � this agenda item until the February 28, 1977 Council meeting when at that time, Mr. Alvord � will have information submitted to Council for their review and action. Motion, Ayes (5) - � Nays (0) . � � � OROPdO COUNCIL MEETING HELD FEBRUARY 14, 1977 Page 48 � P4ayor Van Nest moved, Massengale seconded, to ORDINANCE NO. 190 adopt Ordinance No. 190, An Ordinance Establishing Wetlands P�oratorium � A P�oratorium On The Granting Of Variances For • Fill And Excavation Permits Or Other Authority To Allow For Filling Or Excavating In Any Manner � In Any Of The P4arshes And Wetlands In The City Of Orono. P4otion, Ayes (5) - Nays (0) . � r Mayor Van Nest moved, Massengale seconded, to ORDINANCE NO. 191 + adopt Ordinance No. 191, An Ordinance Establishing Parks P�oratorium A P�Ioratorium On 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 Parks In The � City Of Orono. Motion, Ayes (5) - Nays (0) . � • Dic}: Benson, City Adr.iinistrator, stated that the LMCD - RIPARIAN/NON- Lake Minnetonka Conservation District is reviewing RIPARIAN REVIE�a non riparian access to Lake Minnetonka in conjunction with its study of present and future boating density. � As a result of past communications with the Villages, � the enclosed materials have been developed: �� l. "Suggested General Provision for P�unicipal Subdivision. . .Contiguous to Lake rsinnetonka, " with legal opinion dated August 30, 1972. � 2. Subsequent modification of "Suggested General Provision. . . " dated Jaunary 22 , 1977. � 3. SupplPMental court decisions - Nelson vs. DeLong, Bradshaw vs. Duluth Imperial r!lill. � 4. Editorial on riparian rights. � 5. Legal opinion of July 15, 1974 concerning LMCD authority in relation to riparian rights. � It would greatly assist the subcommittee which is � studying this subject, if you would review these materials in relation to your policies and regulations a and (1) send us a copy of any current regulations bearing on this matter, and (2) make any recommendations � you may wish to make to the subcommittee for use in � its consideration. � LPZCD - Thomas S. i�aple, Jr. Chairman � Paurus moved, riassengale seconded, to refer the � Riparian/Non Riparian Access Review to the Planning • Commission for their comments and return to Council for their review and approval. Motion, Ayes (5) - � Nays (0) . � � � � ' ORONO COUNCIL MEETING HELD FEBRUARY 14 , 1977 Page 49 , Dick Benson, City Administrator, stated that POLICE SERVICES the Lake Minnetonka Conservation District by Lake Minnetonka �esolution has suggested to municipalities ontiguous to Lake Minnetonka to enter into a � contract with the LMCD in providing police services • on the lake. The Orono-Long Lake-Pdaple Plain Police Department contract formula with Long Lake � and Maple Plain is based on percent of total population in deterriining projected costs for the � three cities budgets. To consider the LMCD approach would require hearings with the participat- • ing communities to determine their interest on this � matter. � Mayor Van Nest moved, Butler seconded, not to approve the resolution as submitted by the Lake Minnetonka � Conservation District based on: 1) the City does not have funds, ability or equipment to enforce the � regulations on Lake Minnetonka, 2) Hennepin County has a responsibility to provide these services as � stated at previous Council meetings, 3) the City • of Orono has not been granted the power by State law to enforce regulations on Lake P�4innetonka, as � previously documented. Motion, Ayes (5) - Nays (0) . � Councilmember Paurus left the Council meeting at 12: 05 A.M. � . r Henry Muhich, Building & Zoning Administrator, RIPRAP PERMIT � stated that Alan Pennington, 1991 Fagerness 1991 Fagerness Point Rd. I Point Road, has applied for a riprap permit. � Lot 26 has a shoreline of about 465 ' in length. � All but 100 ' on the east shoreline is already . protected with riprap. . The owner has been having problems with erosion in this area and is, therefore, requesting � approval of cor.lpleting the riprap on this 100 ' stretch. , � IPlanning Commission - February 7, 1977 � . Recommended approval subject to approval by � City Engineer. � ; Letter to Henry Muhich from Greg Frank, City � Engineer, February 10, 1977, states: � We have reviewed the riprap application for I 1991 Fagerness Point Road and recommend � approval. �The proposal is for approximatel 100 ' of Y � riprap. There are no trees in the area. (Continued) � End of Letter � � , � ORONO COUt1CIL MEETING HELD FEBRUARY 14 , 1977 Page 50 � Mayor Van Nest moved, Welsh seconded, to approve RIPRAP PERMIT the riprap permit for Allan Pennington, 1991 1991 Fagerness Point Road Fagerness Point Road, per the Planning Commission (Continued) • Minutes of February 7, 1977. Motion, Ayes (4) - Nays (0) . � � City Attorney, Bruce Malkerson, discussed VARIP,NCE the Mrs. Marge Gasch' s variance and fence 1030 Tonkawa Road � setback structure at 1030 Tonkawa Road. #199 Dick Benson, City Administrator, informed the Mrs. Robert Gasch '� Council that he had met with Mrs. Gasch and • had discussed the matter with her concerning her concerns with P�irs. Parten. Dick Benson � informed the Council that he requested Mrs. Gasch to try to resolve her differences with w Mrs. Parten and report back to him at a later date. � � Mayor Van Nest requested that the Length of LENGTH OF COUNCIL MEET�N6; � Council Meetings item on the agenda be tabled until the next regular meeting of February 28, � 1977. r Mayor Van Nest moved, Massengale seconded, that the Length of Council Pieetings iter,t be tabled � until February 28, 1977. Motion, Ayes (4) - �Nays (0) . � Mayor Van Nest discussed the Things To Do item THINGS TO DO � on the agenda that Council should direct their attention to and informed the City Council that � he does want to continue developing a list of � problems and issues and policies that they should be addressing themselves to in the future and � that these items will be discussed throughout the following Council meetings. � � P�Iayor Brad Van Pdest discussed with the City METROPOLITAN COUNCIL Council thoughts on sending a letter to P�ir. • John Boland, Chairman of the P-Zetropolitan . Council, requesting some input from their staff at our Council meetings in the future , � to review and discuss policies that are affecting the Lake P-Zinnetonka area. Mayor Van Nest � stated that he would draft a letter to Mr. Boland stating this request. • � Dick Benson, City Administrator, stated that ICE ARENA ��ir. Arthur Plickolas was retained by the City of Orono, Orono School District, Psound 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 (Continued) County area. � � �JRONC� COUNCIL MEETING HELD FEBRUARY 14, 1977 Page 51 w � Mr. Nickolas has completed his obligation to ICE ARENA us and has been fully paid for his services. (Continued) � Mr. Tom Nelson will be present at the Monday . � evening Council meeting to answer any questions you might have. � Mayor Van Nest informed the City Council that � Psr. Tom Nelson could not be present this evening because of previous obligations � and will be present at our regular meeting � of February 28, 1977, to discuss indepth the T�e Arena Feasihility Study as it � relates to the Orono and rsound area. � Dick Benson, City Administrator, informed the MINNEHAHA CREEK � City Council that effective February 2, 1977, WATERSHED DISTRICT the City of Orono will process through its Regulations , normal procedures all applications that require Minnehaha Creek Watershed approval. After � Planning Commission and Council review, Orono � will submit the application to the Watershed District for their review and consideration. � This procedure, which is in accordance with � the rules and regulations of the Watershed District, will allow direct input to the � District from the Building & Zoning Adminis- � trator allowing the applicant to properly follow guidelines set forth by all the agencies � involved. � Dick Benson, City Administrator, informed the UPLAND WATER STORAGE • City Council that he, Mayor Van Nest, Larry Kelley, Minnehaha Creek Watershed District � Chairman, and Gene Hickok, Hydrologist, met Monday, January 31, 1977, to discuss the Upland �; Water Storage proposal. With the input from residents contiguous to French Lake who have i petitioned the District to consider water quality and levels in that area, it appeared � to be in the best interests of the Watershed ! District to determine if they could initiate a study of French Lake pertinent to water ,� storage. Mr. Kelley stated that at this time, all the Districts seed money has been committed � and funds were not available. Mr. John Holmquist, an associate of Hickok & Associates, called r'ir. � Benson Tuesday and informed his that his estimate , to include French Lake would be $21,000. ' It appears that this project will have to be �included with the District public hearings planned for approximately the latter part of February or March as part of the total project. � to be assessed. • � ! , � ORONO COUNCIL MEETING HELD FEBRUARY 14, 1977 Page 52 � Dick Benson, City Administrator, informed the RING ROUTE - PUBLIC � ^_ity Council that public hearing notices have HEARING �een prepared and notices will be forthcoming � in the official City newspaper. � The printers are preparing all material for � the bulk mailing, which will notify all • residents of the p.ublic hearing February 28, 1977 at 7: 00 P.M. concerning Orono's proposed � ring route. Notices will also be sent to Hennepin County, State Highway Department, � Mound, Spring Park, Mirinetonka Beach, Long Lake, Minnetrista, and Independence. � � Councilmember Gary Welsh stated that there APPOINTMENT � appears to be more than one excellent candidate Planning Commission to fill the Planning Commission vacancy. I am Richard Hassel � supporting the idea that we appoint Richard Hassel for two reasons: S + 1. He does appear to be a concerned citizen and has a history of citizen involvement. � 2. When you consider that most people who apply fit the first reason, we should be � looking for people with special qualities now needed by the Planning Commission. At � times when I have been at Planning Commission meetings, I have noticed that applicants with � legal counsel seem to have an intimidating • effect on the Commission. This should not happen in theory, but does happen in practice. S Since Mr. Hassel is an attorney with experience � in land use, this is an opportunity I strongly suggest we take advantage of. • • Massengale moved, Welsh seconded, to appoint � Richard Hassel to the Planning Commission for � � a three-year term. Motion, Ayes (4) - Nays (0) . � Dick Benson, City Administrator, stated that SALARY ADJUSTMENT � Mr. Thomas Kuehn, Finance Director, joined us Thomas Kuehn in June, 1976. His professional attitude in � his position has been excellent. He attended a Municipal Finance Course which he completed and received an "A" in his final examination. � He received a 4� increase December l, 1976, upon completing his six-month probationary � period. �I recommend a 5$ salary increase effective February 7, 1977. This merit increase will adjust his salary from $15,600 per year to (Continued) � $16,380 per year. • i � �ORON� COUNCIL TiEETING HELD FEBRUARY 14, 1977 Page 53 Butler moved, Massengale seconded, to approve S�,�gY ADJUSTMENT � the salary increase for Thomas Kuehn, Finance Thomas Kuehn Director, from $15 ,600 per year to $16, 380 (Continued) � per year, effective February 7, 1977. Motion, Ayes (4) - Nays (0) . � Dick Benson, City Administrator, informed the FIRE CONTRACT � City Council that the Fire Contract is still Long Lake under negotiation with Long Lake and further � information will be available at the February 28, • 1977, Council meeting. � Dick Benson, City Administrator, informed the POLICE AGREEMENT City Council that the City of Long Lake has Long Lake � signed the Police Agreement with the City of Orono for the year 1977. � Butler moved, Massengale seconded, to accept FINANCIAI, STATEMENT � the City Financial Statement for the year 1976 as submitted by the staff. P4otion, Ayes (4) - Nays (0) . � Dick Benson, City Administrator, reviewed the 1977 SEAL COAT PROGRAM � Cost Comparison for the� groposed 1977 seal � coat program. Dick Benson stated that the City of Orono for the year 1977 will not contract out the sealing as they have done in previous years. The Street Department S will initiate the seal program and complete it with their own forces using materials that were bid for the year 1977. . Dick Benson, City Administrator, submitted SUNiI�SARY OF RECEIP'I'S, to the City Council a Summary of Receipts, - DISBURSEMENTS & BALANCES � Disbursements and Balances for the Month December 1976 of December, 1976. The City staff, when S completing the Summary of Receipts, Disbursements and Balances for the months � during 1977 will have separate columns set • out for the receipts, transfers, and di�hursements. i � Dick Benson, City Administrator, submitted REVENUE & EXPENDITURE to the City Council the Revenue & Expenditure REPORT Report for the fourth quarter of 1976, showing Fourth Quarter - 1976 a total General Fund expenditure for the year � of 1976 of 96�. � � Dick Benson, City Administrator, stated that ADMINISTRATIVE EXPENSE it has become increasingly necessary to provide a separate account in the Administrative budget to cover expenses when meeting with other � agencies in negotiating City business with their staff. (Continued) , ! 'ORONb COUNCIL MEETING HELD FEBRUARY 14, 1977 Paqe 54 To accomplish this, I recommend an account ADMINISTR.ATIVE EXPENSE � with American Express Company. This card will (Continued) � be issued to the City of Orono with one authorized sic�nature, Walter Benson, Admin- istrator. The Administrator will be responsible to the City for the card and its use. The ! American Express account will only be used when meeting with other agency staff in � discussing City business pertinent to policies S effecting the safety, health, and welfare of all Orono residents and will not be used to � benefit City Council or City staff. � Butler moved, P�assengale seconded, to initiate � this Administrative expense by authorizing � an Ar_ierican Express account. Motion, Ayes (4) = Nays (0) . 1 _ - Henry Muhich, Building & Zoning Administrator, STATUS REPORTS informed the City Council that the .following � items were being reviewed by the Planning , Commission for Council action at a later date: Jack Rhode, 1410 Bohns Point Road, variance and conditional use permit; Platting Ordinance (Under- lying Easements) ; Wetlands dredging and duck ponds (moratorium) ; McCleary resolution; William D. Levering, 275 Willow Drive, subdivision; Williamson Construction Conlpany, 3779 Casco Avenue, vacation. • Dick Benson, City Administrator, presented to 1976 INVESTMENTS the City Council a report on the Investments � for the year 1976. Dick Benson, City Administrator, stated that COMMUNITY BLOCK GRANT � the City of Orono, as other cities participating PROGRAM i in the Community Block Grant Program, has been informed that they are the recipients of surplus � monies for their particular program that benefit low and middle income citizens. Orono' s share of extra funds is $16,225. 66 for a total of $54,827. 86 for the Year III , Program. � Without getting involved with public hearings that would have to be completed by February 23, 1977, which is impossible, the program can be continued and completed if the surplus monies are used in areas that had been previously � discussed and approveci. � � (Continued) � � � ORONC� COUNCIL MEETING HELD FEBRUARY 14, 1977 Page 55 I recommend the following: f COMMUNITY BLOCK GRANT 1. Delay Bederwood Park improvement until PROGRAM late fall 1977 or spring 1978. (Continued) 2. Use money allocated for Bederwood Park in the amount of $8, 450 for equipment in other approved parks for the Year III Program. 3. Orono' s share of extra funds in the amount • of $16,225. 66 will be divided between Bederwood Park and the need for additional � funds to blacktop the Bike/Hike Trail on �9illow Drive. These monies will be available after August 1, ].977. mhisprocedure allows Orono to continue with the program as originally outlined without any significant changes; otherwise, warrants that are sent to the H.U.D. people for payment are held until after August 1, 1977 because of: that' s right, "RED TAPE" . a t�tassengale moved, Van Nest seconded, to approve the City Administrator' s recommendations for the Community Block Grant Program for Year III. Motion, Ayes (4) - P1ays (0) . - Dick Benson, City Administrator, stated that the LIQUOR STORE REPORT � following is a comparison of the Net Sales, Gross Profit, Total Expense and Net Income for the years 1974, 1975, and 1976 for the Orono Liquor ! Store: 1974 1975 1976 Net Sales $341,637 $369,544 $372,562 � Gross Profits 96,094 101, 469 104,270 Total Expense 58,900 64, 813 66,876 � Net Income 37,194 36,656 37, 394 � The sales trends for the years 1974, 1975, and 1976 have shown an 8g increase in 1975 and a l� increase in 1976. Gross profits have ! realized a 5o increase in 1975 and 3� increase in 1976. The increases in expenses are 9� in 197.5 and 3� in 1976. The rate at which the expenses have increased has declined in 1976 by 6�, in 1975 it increased 9$ and only 3� in 1976. Lorraine PdcGowan, Liquor Store Dsanac�er, is to be commended for her efforts in decreasing costs �during 1976. tORON� COUNCIL ME�TING HELD FEBRUARY 14, 1977 Page 56 � * Dick Benson, City Administrator, informed the SEWER & WATER RATES City Council that after continuing evaluation ADJUSTMENTS and discussion regarding both the estimated nimiber of sewer units to be charged beginning April 1, 1977 and the total costs to be recovered for the budget year 1977, we are recommending that the quarterly unit charges be adjusted • as follows: , 1. Those users currently being charged $18. 16 per quarter be increased $4.59 to $22. 75 � per quarter. 2. Those users currently being charged $15. 16 S per quarter be increased $7.59 to $22.75 per quarter. 3. Those users currently being charged $1. 17 � ' per thousand gallons per quarter be increased $0. 33 to $1.50 per thousand gallons per S quarter. If the above increases are approved,all users will then be charged at a uniform rate. Each unit is estimated to use 15,000 gallons per quarter; therefore, for those users charged on a rate per thousand gallons per quarter basis, the new rate per thousand � � gallons was arrived at by dividing the quarterly charge by 15. The estimated costs to be recovered are: 1977 Budget $ 61,500 1977 M.W.C.C. Charges 68,227 1977 Portion of Interfund Loan to be Repaid 5,000 1977 Depreciation 13,121 s 147,848 The total estimated units available to absorb � the above costs . as of April 1, 1977 are: Navarre Area 1302 Units Long Lake Area 162 Units Chevy Chase Area 50 Units , To be added as of 4/1/77 112 Units 1626 Units (Continued) � . OROP10 COUNCIL MEETING HELD FEBRUARY 14 , 1977 Page 57 , The rate breakdown per expense item is as SEWER RATE INCREASES follows: � (Continued) � 4uarterly Expense Rate er Unit 1977 Budget $ 61,500 9. 46 1977 rs.w.C.C. 68 ,227 10. 49 1977 Loan Repayment 5,000 .77 1977 Depreciation 13, 121 2. 02 _TOTALS $147, 848 $22. 74 The figures are estimates and are subject to slight changes. We feel the quarterly rate should be rounded off to $22. 75. A brief explanation for each expense items follows: 1. The 1977 budget of $61, 500 has been adjusted to reflect a reduction for the estimated � rd.W.C.C. charges. 2. The 1977 P4.W.C.C. charges is the estimated amount from the Metropolitan Waste Control Commission. 3. The 1977 portion of the interfund loan to be repaid is in regard to the $40,000 balance owned to the P.I.R. Fund. 4. The 1977 Depreciation is for the lift stations ancl grinder pumps still owned and operated by the City. No provision has been made for recovery of previous depreciation. We recommend that the aforementioned rate increase take effect with the quarter ending D4arch 31, 1977 for those users currently on the billing system and for those units to be added after April l, 1977, s we recommend that they be billed beginning with the quarter ending June 30, 1977. s Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #755 � Resolution #755, A Resolution Amending Sewer Rate Increase Resolution #628 To Provide For A Sewer Rate Increase , as recommended. Motion, Ayes (4) - Nays (0) . Dick Benson, City Administrator, read a memo from RESIGPdATION Fern Kubalsky which states: Bike/Hike Chairperson Fern Kubalsky I feel that my usefulness to the City has ended: Since the results of my hospital stay wasn' t what I expected, and I still have a lot of pain to deal with, and I am not up to my best, I feel that I should step down as Bike/Hike � Chairperson. If you would like, I'd like to t� to stay on as a member of the Committee. Thanks for all your help in the past. End of inemo � • tORONO COUNCIL MEETING HELD FEBRUARY 14, 1977 Page 58 � Mayor Van Nest moved, Butler seconded, to RESIGNATION accept the resignation of Fern Kubalsky, Fern Kubalsky . � Chairperson of the Bike/Hike Trails Committee, with regreto Motion, Ayes (4) - Lvays (0) . • � Dick Benson, City Administrator, presented a � resignation form from Patrolman John L. Jensen effective February 28, 1977. • Mayor Van Nest moved, Butler seconded, to RESIGNATION • accept the resignation of Patrolman John L. Patrolman_John L.-_Jensen Jensen, effective February 28, 1977, with S regret. Motion, Ayes (4) - Nays (0) . • � Dick Benson, City Administrator, stated that REFUND on January 19, 1977, a water meter was purchased Mark Boeshans � by Mark Boeshans, Wyoming, Minnesota, for installation in a new home at 2224 Shadywood �' Road. Suhsequently, it was discovered that � the owner had retained the meter from the previous house which had burned down. The ,� Water Department inspected the old meter and found it satisfactory. On January 27, 1977, � the new meter was returned to the City and the plumber, therefore, requested a refund of the • $60. 00 cost. � Mayor Van Nest moved, Butler seconded, to refund ,� to A4ark Boeshans, dba Mark's Plumbing, ��Tyoming, 2�innesota, in the amount of $60.00 for a water � meter. Motion, Ayes (4) - Nays (0) . • Bruce Malkerson, City Attorney, reported to the DETACHMENT � City Council concerning the detachment request Richard Neslund , of Richard Neslund, that this matter should be stricken from the Municipal Board's calendar, � but stricken with prejudice. � Bruce Malkerson, City Attorney, reported to the ELWELL vs. ORONO • City Council the status of the drainage ditch and culvert under Ferndale Avenue North to the � Elwell property in Plymouth. He further stated � that this matter can be dismissed without prejudice to the City of Orono, since this is � a riatter in litigation and the dismissal in no way prejudices the rights of Orono but in fact • enhances them. • � The City Council will meet on Thursday, Iylarch 3, MEETING DATE 1977 at 7:00 P.M. to discuss the 1973-1 litigation. 73-1 • � i � , 1 � O,RONC COUNCIL MEETING HELD FEBRUARY 14, 1977 Page 59 � Greg Frank, City Engineer, presented to the FLOOD INSURANCE City Council a letter regarding the Flood � Insurance, which states: i As requested, we have conducted an on-site � inspection of the seven areas investigated by Barr Engineering in the HUD flood insur- � ance program. Using the area designations adopted by Barr Engineering, we have the • following comments: � Area A - The only building in the floodplain � is a garage located at 1428 Baldur Park Road. � Area B - The house at 1405 Rest Point Road is pa—r ally included in the 100 year flood area. � It appears that the house at 1406 Rest Point L Road is lower than this house, y�t the 1406 address is not included in the floodplain. � We did not verify the topography with survey instruments, but would recommend that this � action be taken. � A green cabin next to the 1405 address and the house north of the cabin (1,341 Rest Point • Lane) are also included in the floodplain. �� Area C - No houses are included in the flood- plain, although, one house (address unknown) appears questionable. • Areas D & E - No buildings are included in • the floodplain. � Area F - The topographic map does not correctly � show the boundaries of the t�iird hou�e from the point. This house has a walkout that � may be low enough to result in it being included in the floodplain. • The garage immediately north of the preceding • house may also be located low enough to be in � the floodplain. � The cabin located east of the C. A. Beck residence at 3820 Cherry Avenue is also � questionable with respect to elevation. • Area G - This area has eighteen structures • that are either questionable, included in the floodplain, or missing from the topographic � map. We recommend that all structures in this area be resurveyed to determine elevations with � respect to the flood plain elevation. (Continued) • • • � • t7RONCi COUNCIL MEETING HELD FEBRUARY 14 , 1977 Page 60 � In conversations with Mr. Dalen of Barr FLOOD INSURANCE Engineering, I was informed that the final (Continued) � floodplain maps will not show structures. � Actual determinations of the floodplain will be based on the elevation of the floodplain . as adopted by Orono, which will be stated in each floodplain map. Thus, although the ` current maps may incorrectly eliminate a structure from the floodplain, if the � structure' s lowest floor is below the adopted floodplain elevation, then the house is • automatically included in the floodplain. . � The rough draft of the flood insurance report � is nearly complete. Once distributed, the Council has six weeks to review and modify. � Therefore, the Council can conceptually approve the flood maps as already presented � and simultaneously verify the elevations of structures that we have cited as questionable. � Based on this information, the Council can � accept or modify the rough draft during its review. i End of letter • Mayor Van Nest moved, Massengale seconded, to • instruct the City Engineer to send a letter to � Barr Engineering Company to determine and establish grades in the floodplain. Motion, � Ayes (4) - Nays (0) . � Greg Frank, City Engir_eer, informed the City ON-SITE DISPOSAL SYSTEMS � Council that he will have data together for the February 28, 1977 Council meeting in � developing standards for on-site disposal � systems. � Dick Benson, City Administrator, presented to STREET WEIGHT RESTRICTIOr � the City Council a list of recommended axle limit restrictions for each City street. The � streets will be posted from March 15, 1977 through May 15, 1977. The normal length of • time that restrictions are in effect is related • to weather conditions. Certain streets might be closed to school buses if a street becomes � impassable. � In the past six years, we have allowed solid waste haulers to continue their normal operations, • limiting them to gross weight on anj� single � axle of seven tons or 14,000 pounds. If a street shows. signs of severe breakup, we will � limit the solid waste haulers to smaller vehicles. � Butler moved, Massengale seconded, to adopt RESOLUTION #756 Resolution #'756, A Resolution Designating Axel Weight Restrictions � Weight Limits On City Streets. Motion, Ayes (4) - iJays (0) . � � �RONU COUNCIL MEETING HELD FEBRUARY 14 , 1977 Page 61 + Butler moved, Massengale seconded, to approve CIGARETTE LICENSES the following cigarette licenses: Motion, • Ayes (4) - Nays (0) . � Keaveny' s Navarre Drug � Navarre Bowling Lanes r Butler moved, Pdassengale seconded, that the BILLS � Al1 Funds Accounts 4632 through 4714 , 4718 through 4792, 19501 and 19503 and Liquor Store � Accounts 11747 through 11781, be paid. Motion, ., Ayes (4) - Nays (0) . � Massengale moved, Butler seconded, that the ADJOURNMENT � meeting be adjourned at 1: 45 A.D'i. P4otion, Ayes (4) - Nays (0) . • ,. � � � � �� /;�� ,� � . �' C . - . � . � ,, • , , � 1� i L�_. William B. Van Nest, Ma or � � � Attest: � Walter e son, Clerk-Administrator • ' � • � � � � ` � � � � � � � •