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HomeMy WebLinkAbout06-27-1977 Council Minutes � CITY OF ORONO , � � Regular Meeting of the Orono Council, 7: 00 P.M. � June 27, 1977 � The Orono Council met on the above date with � the following members present: Mayor Van Nest, Councilmembers Massengale, Paurus, and Pesek. � Absent: Councilmember Butler. Also present: City Administrator Benson, Building & Zoning � Administrator iduhich, City Attorney DZalkerson, and City Engineer Frank. � � City Administrator Dick Benson administered OATH OF OFFICE � the Oath of Office to Mark S. Anderson, Mark S. Anderson newly appointed Police Officer. � '� Paurus r�oved, i�Iassengale seconded, to approve MINUTES • the P�inutes of the Regular Meeting of May 23, r4ay 23, 1977 1977. P�otion, Ayes (4) - Nays (0) . ! . � Mayor Van Nest moved, Massengale seconded, to MINUTES approve the Minutes of the Board of Review June 2 , 1977 � and Special Meeting of June 2 , 1977. Motion, Ayes (4) - P1ays (0) . � � No comments from the Park Commission. PARK COMMISSION • No comments from the Human Rights Commission. HUMAN RIGHTS COr�r•SISSION � Councilman Norman Paurus, Orono' s representative LMCD REPORT � to the Lake Minnetonka Conservation District, discussed the following items : � � l. LMCD meeting, Tuesday, June 28, 1977 - 7: 30 P.M, at the Freshwater Biological � Institute concerning water patrol status. � 2. Discussed the Lake Minnetonka Conservation District' s proposed budget for 1978. � . 3. Status of the Army Corps of Engineers._ litigation. � 4. Riparian rights concerns. r 5. Long-range planning formulas to establish � maximum boat densities. � Mayor Van Nest moved, Paurus seconded, to hold SPECIAL WORK SESSION • a special work session with the Planning Commission Jul� 21, 1977 and City Council, July 21, 1977 at 7: 00 P.P�. to � discuss riparian rights and boat density reviews. Motion, Ayes (4) - 2days (0) . � � � � I�EGULAR DZEETING OF THE ORONO COUNCIL, JUNE 27, 1977 Page 2 � . t�ir. John Guthrie, Planning Commission member, PLANNING COMMISSION discussed with the City Council the Commission' s REPORT � concerns related to litigation exposure. City staff will prepare a memorandum outlining the � Planning Commission' s charge and their exposure as such. � � � Henry Muhich, Building & Zoning Administrator, SUBDIVISION � stated that at the May 9, 1977 Council meeting, 2675 Shadywood Road the City Council approved the preliminary plat #246 � for Richard Breustedt, 2675 Shadywood Road, Richard Breustedt ` subject to park dedication fee: of $2 , 000, one sewer unit charge based on current assessment � of $3, 859. 05 and one water unit assessment of $580. 00. Requested applicant provide necessary � document to justify clear title with no private access easements as indicated by Warren Anderson, . � representing neighbor at the meeting. r Staff - June 15, 1977 � Final plat and title opinion have been received � for review. The division is the same except for minor dimensional differences which came �from the more precise measuring required for plat preparation (note change from 180 ft, to � 179 ft. along south line of Tract A) . Approval • should be subject to the fees and assessments noted in the Council minutes for May 9, 1977. � Planning Conmission Meeting - June 20, 1977 � Recommended approval subject to May 9 , 1977, • Council provisions. Planning Cor:unission also wanted Council to specifically address the S existing boathouse on Lot B. Also, the , provision for access and utility easements to Lot B must be verified. � Mr. Muhich also introduced a letter from Mr. � Breustedt' s attorney, Mr. Byron W. McCullagh, dated June 16 , 1977, which states: - � • You will recall that Richard Breustedt has filed a request for a division of a part of Lot 24 , � Pheasant Lawn, into two parcels pursuant to a plat or a registered property survey. � He advises me that the Village is r�questing a r water col�nection fee of $580. 00 and a sewer connection fee of $3, 859. 05. (Continued) � � � � - � * .�REGULAR P�IEETING OF THE ORONO COUNCIL, JUNE 27, 1977 Page 3 � Apparently these connections were not contemplated SUBDIVISION at the time of the construction of these utilities 2675 Shadywood Road � and a "T" has not been provided for the sewer (Continued) connection, nor has a service connection been � provided on the water main. If Mr. Breustedt • is required to have his contractor provide the "T" and the water service connection, it will, � of course, result in substantial additional cost to him. He, therefore, feels that this is a � matter which should be taken into consideration and a reduction made in the amount of the ` connection charges. � Will you kindly give this your consideration and i advise me or Mr. Breustedt of your decision in regard thereto. i End of letter � Council Meeting - June 27, 1977 . • � Mayor Van Nest moved, Massengale seconded, to RESOLUTION #797 adopt Resolution #797, A Resolution Approving RLS # � The Registered Land Survey # , for Mr. Richard 2675 Shadywood Road Breustedt, 2675 Shadywood Road, per the Planning r Commission recommendations and instruct staff to review Mr. MC Cullagh' s request and staff recommendation at a later date. Motion, Ayes (4) - . Nays (0) . � Henry Muhich, Building & Zoning Administrator, VARIANCE � read into the record the following information 4735 Tonka View Lane for a variance for T. Kenneth Rud, 4735 Tonka #253 � View Lane, dated June 13, 1977: T. Kenneth Rud � The City Council tabled this item to review . previous Council action and staff reports from 1972 application. The documentation shows the � previous application was for a different proposal and the situation existing at that time was not � the same as today. • 1. Application was for a variance on Lots 3 & 4 , • Block 4 , only. � 2. Attached letter from Gilbert & Linquist indicates Lot 3 & 4 , Block l, were occupied � by a house (these lots are vacant today) . � 3. Documentation provided by applicant in 1972 addresses only subject Lots 3 & 4 , Block 4. � No mention of substandard situation of Lots 3 & 4, � Block l� occupied by house and under common ownership by same party. Staff, at that time, � relied on material submitted (inadequate research) . i (Continued) • � �2EGULAR MEETING OF THE ORONO COUNCIL, JUNE 27, 1977 Page 4 � + 4 . Property in common ownership since 1906. VARIANCE Applicant owned property since 1947. 4735 Tonka View Lane � �. Applicant, at the time of the proposal, (Continued) • lived in the house on Lots 3 & 4, Block l. � 6. Additional documentation - Letter from • applicant to Planning Commission and Council indicates area of Lots 3 & 4, Block 4 , as � 42, 758. 59 sq. ft. Miscalculated and never confirmed by staff. Applicant used 30 ft. � of vacated Park Street (entitled to only 1/2 of 35. 06 of vacated street) . • • 7. Applicant challenged City Engineer' s calculations (never addressed to by Council) . � 8. Currently I calculate 34, 231. 665 sq, ft. � (substantially less than previous) . • 9. No record in files of any staff reports on recommendations on variance application made � in 1972. � 10. Council action at that time may have been a � result of consultant planner Tom Loucks ' recorunendation to rezone this area to 1/2 acre � at the time of drafting of Comprehensive Plan. Council later reversed this recommendation. � 11. Council minutes of January 22, 1973, meeting � indicate proposal is in keeping with the area. � r�y research and current maps indicate differently. � Council Meeting - June 27, 1977 � P�Iayor Van Nest commented that the City is concerned that the applicant has relied on a variance granted � by a previous City Council in 1973. This is a very ' unigue situation that does not set a precedence to grant variances for other substandard lots in the � City of Orono. It is obvious that Mr. Rud has relied on action which stimulated his purchase of S the property. � Mayor Van Nest moved, 2dassengale seconded, to approve • the reqeust of a variance for T. I;enneth Rud, 4735 Tonka View Lane, subject to the payment of the park • dedication fee. Motion, Ayes (4) - Nays (0) . i Henry Muhich, Building & Zoning Administrator, read CONDITIONAL USE PERMIT � into the record the following request for pon 2683 North Shore Drive Gustafson, 2683 North Shore Drive, for a conditional #260 '� use permit and wetlands variance, grading and filling Don Gustafson ` within 75 ' of the shoreline, dated May 11, 1977: (Continued) s • � • I�EGULAR MEETING OF THE ORONO COUNCIL, JUNE 27, 1977 Page 5 • The existing contour of the lot includes a berm CONDITIONAL USE PERMIT about 45 ' from the shoreline. The berm is provid- 2683 North Shore Drive � ing a natural barrier for the runoff. From the (Continued) top of this berm, most of the runoff is draining • toward the house and away from the lake. � Mr. Gustafson is requesting sorie grading, filling . and ponding on his property. He also proposes to add a concrete retaining wall near the house , which I do not believe will give us any problem. I am somewhat concerned about the grading and � filling, however. � His plan also indicates a timber erosion control • wall on the shoreline. If this is not existing, I think we should suggest riprap. � Planning Commission Meeting - June 6 , 1977 ! Discussed proposal with applicant. Planning � Commission was reluctant to approve any grading � within the 75 ' lakeshore conservation area, but indicated agreement with the remainder of the � proposal. Agreed to meet the applicant on site for an additional inspection; therefore, � application was tabled for two weeks. � Planning Commission IMeeting - June 20, 1977 w Tom McPhearson, landscape architect, appeared • for the applicant and presented a cross sectional drawing in small scale showing the proposal. He � stated that there are certainly other ways of grading around the cottage to effect positive � water runoff without having to use such a larg� amount of fill. i � Planning Commission was impressed with the proposal but was unable to justify any hardship requiring • work within . the lakeshore conservation area. � Recomriended approval of the proposal with the stipulation that the only work to be allowed within � 75 ' of the shore would be removal and regrading of a small area around the existing grape arbor, and � sod removal and replacement if done within an 8-hour • period and with provisions to control any siltation during the work. � Council Meeting - June 27, 1977 � Pesek moved, Paurus seconded, to approve the �� conditional use permit and wetlands variance request of Don Gustafson, 2683 North Shore Drive, � per the Planning Comrnission recommendations dated ` June 20, 1977, and subject to no change in grade. idotion, Ayes (4) - Nays (0) . � � � �EGULAR MEETING OF THE ORONO COUNCIL, JUNE 27 , 1977 Page 6 � + Henry Muhich, Building & Zoning Administrator, read SUBDIVISION into the record the following rec�uest for a sub- 200 Willow D�rive South division for ponald Scott, 200 Willow Drive South, #270 ` dated June l, 1977: Donald Scott � This proposed subdivision is adjacent to the Luce � Line Trail and is on all dry, partially wooded ' land, except for one very small corner of Lot 4. The total property is 19. 88 acres and each proposed � lot would exceed the minimum two acre, 200 ' width requirenents. Approval would be subject � to a park dedication fee of l;� of the land value or a minimum of $1, 500. 00 for the six lots. � • Copies of this have been sent to the City Engineer and Road Supervisor for their comments on drain- + age and access. A public hearing has been scheduled for June 20, 1977. S Planning Commission Meeting - June 20, 1977 , � Public hearing with applicants present. Planning � Corunission and applicant received a copy of the . City Engineer' s letter. Discussed drainage requests by the engineer. Recommended approval � subject to engineer' s letter, receiving an access easement dedication underlying Outlot A, and a � park dedication fee. � City �ngineer Greg Frank' s ietter dated June 20, 1977 : � We have reviewed the subject preliminary plat and � have the following comments: � l. A 10 ' utility easement should be provided along the frontage of all the lots. � 2. The drainage proposal appears to channel all � of the runoff north of Outlot A to Lot 4 , with i a sheet flow over Lot 4. We would recommend that the drainage be directed to a ditch and � an easement be obtained for the ditch. The easement should be from the end of the cul-de-sac, � and extend to the Luce Line Trail. (End of letter) � Council Meeting - June 27, 1977 � Mayor Van Nest moved, Paurus seconded, to approve . the preliminary subdivision request of Donald Scott, 200 Willow Drive South, per the Planning i Commission and City Enc�ineer' s recommendations, June 20 , 1977. Motion, Ayes (4) � Nays (0) . � � r � � � KEGULAR MEETING OF THE ORONO COUNCIL, JUNE 27, 1977 Page 7 � � Henry P�iuhich, Building & Zoning Administrator, NORTH SHORE DRIVE MARIP � discussed with the City Council a proposed land- scape plan and agreement for the North Shore � Drive Marina. � Mr. Bruce Malkerson, City Attorney, commented ,� that the proposed agreement addresses land use, expansion of outside storage areas, bond require- � ments, and noted that Mr. Bruce Douglas, attorney representing Mr. Larry Hork, has agreed to the � preliminary draft of this agreement. � Mayor Van Nest commented that a formula should � be devised to relate boat size to number of slips to determine formula for all slips. � Mr. Larry Hork commented that this would not be � possible because of vast differences in boat sizes. � Mr. Bruce Dougias commented that the City is limiting • property rights and that the City does need further data to determine reasonable solution in regulating � marinas. � �Mr. Douglas stated that his client has concerns with this agreement: � • 1. Height of racks 2. Right of counter claim • 3. Transient boats 4. Bond requirement � 5. How to define watercraft (numbers) to fully utili2e property r 6. Present land has 300 boat capacity. We will agree to limit to 150 • 7. Zoning regulations i 8. Guidelines are not clear 9. Facts are not documented. � Mayor Van Nest commented that the basic issue � before us is--do we want to conceptually approve an experiment or enter into an agreement. The * commercial marinas are located in residential areas and are serving a limited number of public and � are not a total benefit to the residents. The Lake • Minnetonka Conservation District has established a moratorium to enable standards to be developed. � � � (Continued) r � � � • REGULAR P�ZEETING OF THE ORONO COUP�CIL, JUNE 27 , 1977 Page 8 � � P�ayor Van Nest moved, Paurus seconded, to instruct staff to draft a resolution of denial to erect NORTH SHORE DRIVE MARIr � racks based on Planning Commission recommendations (Continued) � of April 18, 1977, which state: � 1. Expansion of non-conforming use. � 2. Currently zoned LR-1C-l. 3. The stacked storage would create an objection- � able visual obstruction. • 4. Racks would require a height variance. 5. The stacked storage lacks adequate natural screening from road and lake. 6. Stacking would provide additional open space � for request for storage expansion in future. 7. There is no wa1� to control the number of boats. � 8. t9ould be setting a precedent for on-land slips . as our code addresses winter storage, not slips. � and also Council minutes of June 13, 1977: . - � l. Exceeds 15 ' in height - limitation of zoning code. 2. Extension of legal non-conforming use. � 3. Adverse to Comprehensive Plan. • 4. Promotion of corunercial use in a residential zone. 5. Result in diminution in value to surrounding � homes because of visual impact, additional traffic noise. � 6. Structures proposed and the footings already in the ground, require building permit and variance. � 7. No application for a variance applied for. 8. Result in introduction of additional boats into � congested bay. Applicant is just trying to • increase number of boats to be placed in the lake, resulting in an unreasonable use of the � limited riparian rights and resulting in the restriction and impairment of the riparian � rights of all other properties along the bay. 9. Racks are authentically unacceptable in a � commercial or residential use district. 10. Inadequate screening of racks. Result in � congestion on premises. , 11. Result in promotion of more traffic from a curb- cut on the County Road near an already dangerous � curve in the road. � Motion, Ayes (4) - P1ays (0) . � Mr. Douglas stated that you have bought yourself • a lawsuit and 300 boats. � ' � � � � � ` REGULAR MEETING OF THE ORONO COUNCIL, JUNE 27, 1977 Page 9 � Henry Muhich, Building & Zoning Administrator, VARIANCE read into the record the following request for 700 North Arm Drive � a variance of Duane Hall, 700 North Arm Drive, #271 dated June 2, 1977: Duane Hall � • Mr. Duane Hall is requesting the variances for lot area and lot width for an addition to the � existing dwelling. The existing building and the proposed meets all the required setbacks. � The owner proposes complete removal of the existing, non-conforming garage. The lot � exceeds the width requirement at the lakeshore, • but is 5 ' shy on the road. The lot area is 20, 733 sq. ft. requiring a 22, 827 sq. ft. • (52%) area variance. Both adjacent lots are developed. � Planning Commission Meeting - June 20, 1977 � The Planning Commission approved subject to , � removal of the existing garage prior to the . building permit being issued. � Council Meeting - June 27, 1977 � I�Iassengale moved, Pesek seconded, to approve the variance request of Duane Hall, 700 North � Arm Drive, per the Planning Commission • recommendations of June 20, 1977. Motion, Ayes (4) - Nays (0) . � � Henry r4uhich, Building & Zonin_q Administrator, VARIANCE read into the record the following request for 1179 North Arm Drive � a variance of John Kubasch, 1179 North Arm Drive, #272 dated June l, 1977: John Kubasch � • Mr. John Kubasch, 1179 North Arm Drive, is requesting a variance for an addition to an � existing non-conforming dwelling. All adjacent property is developed. The major concern here � is the extreme closeness of the existing building to both the County highway right-of-way and the � City street. The proposed addition location takes good advantage of the existing site conditions � and would not reduce the existing setback • conditions. The dwelling is in the sewer district, but I have no record of any sewer connection. � This connection is required and should be a condition to any variance approval. � � LR-1B 34.450 Lot Area Lot 1ti'idth Sireet Setbac�:s � Requirements: 43,560 sq. ft. 140 ft. 35 ft. Actual: 19,375 sq. ft. 125 ft. 3.7 ft. front � 10.5 ft. side . 1'ariance: 24,185 sq. ft. = 55$ 15 ft. = l0a 32.3 ft. front = 95 24.5 ft. side = 70$ � (Continued) � • REGULAR MEETING OF THE ORONO COUNCIL, JUNE 2?, 1977 Page 10 � Planning Commission Pleeting - June 20, 1977 VARIANCE 1179 North Arm Drive � Recommended approval subject to ensuring that (Continued) the sewer is connected prior to permit issuance. � � Council Meeting - June 27, 1977 � Mayor Van Nest moved, Paurus seconded, to approve tlze variance request of John Kubasch, 1179 North � Arm Drive, per the Planning Commission recommendations of June 20 , 1977. Motion, Ayes (4) - Nays (0) . � � Henry Muhich, Building & Zoning Administrator, CONDITIONAL USE PERMIT � read into the record the following request for Carman' s Cove a conditional use permit for dredging of the #273 � Carman Cove Association, consisting of: � Donald Forchay, 3225 Carman Road . Thomas Nelson, 3245 Carman Road , Herbert Hankinson, 3265 Carman Road � Henry Halladay, 3275 Carman Road Sheldon Kaplan, 2695 �:elly Avenue � The applicants are requesting a variance � to Ordinance 125 which would grant permission to dredge an area of Carman' s Cove for navigable � access to the properties in question. Proposed � is removal of approximately 2 , 500 cubic yards from an area two feet deep by 45 feet wide by � 750 feet long. The spoils are proposed to be removed by barge to Excelsior where they would � be dried and then trucked to unspecified construction sites not related to this project. � • Deliberation of this item should include the determination of the cove' s navigability and � whether or not this proposal constitutes "maintenance dredging" , and the fact that all � applicants have riparian rights and are the only such riparian owners on the cove. The items ' � listed in 31. 820b must be addressed. Any authorization would obviously be subject to � the approval of the other agencies involved. � Planning Commission Meeting - June 20 , 1977 � Property owners Herbert Hankinson and Tom Nelson � were present to discuss the proposal. The original dredging occurred here about 25 years � ago. This is the only lake access for these properties. There is currently no boat access at all, and for the last several years there has been reduced access. The proposed channel is only wide enough to permit the dredge to operate � and all the spoils are to be removed from the lake area to a drying area in Excelsior. (Continued) � � � • REGULAR riEETING OF THE ORONO COUNCIL, JUNE 27 , 1977 Page 11 � Planning Commission found that this is CONDITIONAL USE PERMI'I maintenance dredging required to maintain Carman' s Cove � riparian access to these properties , and that (Continued) the spoils removal system proposed would have � the least effect on the lake. � Recommended approval subject to approval of � the other agencies. � Staff - June 21, 1977 � DNR application received. ` Council Meeting - June 27, 1977 � t�iassengale moved, Mayor Van Nest seconded, to � approve a conditional use permit and a variance to Ordinance No. 125. Hardship is navigable � access and riparian rights are jeopardized for . Carman' s Cove Association, also per the Planning _ Commission recommendations and no dry land • to be dredged above 929. 4. Iulotion, Ayes (4) - Nays (0) . � Henry Muhich, Building & Zoning Administrator, VARIANCE read into the record the following variance 537 Park Lane f request of Linda Skartvedt, 537 Park Lane, #274 . dated June l, 1977 : Linda Skartvedt � The applicant is requesting a variance for purposes of replacing an existing home with a new dwelling. Both adjoining properties are developed. The existing building has a non- � conforming 10 ft. front yard setback which would be improved with the new construction. � The applicant suggests a possible front setback � variance but provides no documentation as to what is requested or what hardships may � require same. Any area and width variance approval should be subject to compliance with � all the setback requirements. � The required sewer connection has not yet • been completed. � LR-1B 34.4 50 Lot Area Lot 19i dth � Reoui rements: 43,560 sq. ft. 140 ft. � Actual: 18,000 sq, ft. 100 ft. 1'ariance: 25,500 sa. _�t. = 59% 40 ft. = 29 0 + (Continued) � � � � REGULAR MEETING OF TFiE ORONO COUNCIL, JUNE 27, 1977 paqe 12 � Planning Commission Meeting - June 20, 1977 VARIANCE 537 Park Lane � Discussed application and vagueness of actual (Continued) proposal. Did agree on concept. Recommended � approval subject to lot combination, City sewer • connection, and that the proposed house meet all setbacks including 35 ft. front yard, 10 ft. � side yard, and lake setback in line with adjacent houses. � Council Meeting - June 27, 1977 � • Mayor Van Nest moved, Massengale seconded, to approve the variance request of Linda Skartvedt, • 537 Park Lane, per the Planning Commission recommendations, ldotion, Ayes (4) - Nays (0) . � � Henry Muhich, Building & Zoning Administrator, TEMPORARY PERMIT read into the record the following request of Trailer • Kingdom Hall of Jehovah' s Witnesses, 3655 Togo Kingdom Hall • Road, for a temporary trailer parking permit, 3655 Togo Road dated June 22, 1977: � Hermod Jensen from Kingdom Hall of Jehovah' s 6�itnesses, 3655 Togo Road, made application for a 10-day trailer parking permit from July 10 through � July 19, 1977. � This is the same type of temporary permit we • approved for the past several years. Trailer parking is not permitted in Orono without Council approval. � Council Meeting - June 27, 1977 � P�iayor Van Nest moved, Massengale seconded, to . approve a 10-day trailer parking permit from July 10 through July 19, 1977 for Kingdom Hall � of Jehovah' s Witnesses, 3655 Togo Road. Motion, Ayes (4) - Nays (0) . � � Pesek moved, Massengale seconded, to approve the ZOPIING VARIANCE zoning variance procedures as recommended by the PROCEDURES � Planning Commission at their meeting of June 6 , � 1977. Motion, Ayes (4) - Nays (0) . � Mayor Van Nest moved, Paurus seconded, to table PLATTING ORDINANCE � the proposed platting ordinance until the meeting of July 11, 1977, for lack of int�orma�ion. Motion, Ayes (4) - Nays (0) . 0 • � • REGULAR MEETING OF THE ORONO COUNCIL, JUNE 27 , 1977 Page 13 � State Representative Robert L. Searles, Metro- COMPREHENSIVE SEWER politan Councilmember James Daley and Metropolitan � Community Liaison Coordinator Bill Lester discussed with the City Council Metropolitan planning as it � relates to rural and urban growth. Mr. Daley . commented that Metropolitan policies do not provide for sewering rural areas that are not in the M.S.S .R. � or the M.U.S.A. There are options that should be explored in providing sewer service to Crystal Bay � and Minnetonka Bluffs in Areas 7 & 8, where the interceptor is planned. � Representative Robert L. Searles commented on � legislative goals stating that Metropolitan Council • election, appropriations, and other appointment procedures are being reviewed. � Mr. Bruce Malkerson, City Attorney, informed the VICTORIA GRAIN COMPANY City Council that Mr. John Hacking, attorney 500 North Arm Drive representing Victoria Grain Company, has not had #200 � • time to review and comment to the City on the proposed resolution and has requested that the � matter be tabled until July 11, 1977. Mayor Van Nest moved, Massengale seconded, to table the resolution for the Victoria Grain Company until the meeting of July 11, 1977. Motion, Ayes (4) - Nays (0) . � Henry Muhich, Building & Zoning Administrator, MARINA LICENSES STATUS read into the record the following marina licensing � status dated February 2, 1977: � Recap as of February l, 1977 - All 1976 licenses • issued. � 1977 Applications received, memo prepared: � Foxhill Homeowner' s Association Minnetonka Power Squadron � Wayzata Yacht Club • North Shore Union 76 North Star Marina � Paul' s Landing Windward Marine � � Minnetonka Boat Works Stubbs Bay Marina � (Continued) � � � . REGULAR MEETING OF THE ORONO COUNCIL, JUNE 27, 1977 Page 14 � 1977 Applications expected: MARINA LICENSES STATUS (Continued) � North Shore Drive Pdarina (owner Larry Hork called 1-21-77 to say that personal illness had delayed his application and that he was now proceeding . with it. ) � Gayles Marina (no answer to repeated calls) . � Planning Commission Meeting - February 7, 1977 Recommended the preparation of resolution as was • done in 1975 to be agreed upon by the City and the marina operators 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 , February 4, 1977 � Staff unable to contact Gayles i�arina � Staff - March 31, 1977 Received 1977 license application for Gayles Marina Staff - April 20, 1977 Recommend Council action to issue joint dock use t licenses to Foxhill, Minnetonka Power Squadron and Wayzata Yacht Club. Seek Council direction � on remaining commercial licensing. � Staff - June 22, 1977 � License resolution preparation has been delayed , because of the many unresolved questions currently before Council. Applications are pending for the following: � Gayle' s Marina - building plans North Star Marina - dredging, riprap and access North Shore Drive Marina - storage structures , Stubbs Bay Marina - construction plans never completely submitted. LMCD dock application � varies from existing layout . Paul' s Landing - sales and storage problems on residential property (lakeshore filling on owner' s residential lot adjacent to marina - no application yet received after violation notice) (Continued) � � • REGULAR MEETING OF TH� ORONO COUNCIL, JUNE 27, 1977 Page 15 Because the boating season is underway, perhaps MARINA LICENSES STATUS our best course of action is to consider issuance (Continued) �of "operating licenses" dealing with boat slips, hours, etc, and continue working on supplemental resolutions concerning the items not yet agreed upon. Gayle' s : 134 slips, 200 ' max. dock length Union 76 : 3 slips at 130' gas dock � North Star: 95 slips, 200 ' max. dock length (have applied for 3 new slips on Crystal Bay which would total 98 slips, if authorized) North Shore Drive: 95 slips, 200 ' max. dock length Stubb' s Bay Marina: 63 slips , (per revised LrsCD application) plus 108 dry slips, 200 ' max. dock length Windward Marine: 88 slips (40 Tanager Lake, 48 Brown' s .Bay) plus 30 moorings on Brown' s Bay (have applied � for 1 new slip which would total 89 slips, if authorized. Minnetonka Boat Works: 66 slips (19 on Tanager Lake, , 47 on Brown' s Bay Paul' s Landing: 61 slips and 40 dry slips, plus 25 moorings (five new moorings, 11 fewer slips) should specify restrictions on use of residential property for sales , service or storage Council Meeting - June 27, 1977 Mayor Van Nest requested Mr. Bruce Malkerson to review with P�Ir. Clayton LeFevere, LMCD attorney, the LMCD' s position to date on all marina response to the 200 foot dock length limitations and to review other requested compliances for Council review. Mayor Van Nest moved, Pesek seconded, to table the 1977 marina licenses until all resolutions will be drafted • stating conditions to be met for marina operators review and comments. Motion, Ayes (4) - Nays (0) . Henry Muhich, Building & Zoning Administrator, REVISED FEE SCHEDULE reviewed the following memo concerning recommended fee schedule revisions, dated June 22, 1977 : 1. We have not charged $50. 00 for any principal use conditional use permit application thus far as all applications to date have been accessory uses. 2. I think we should consider revising this park dedication fee schedule. 3. If staff could make some riprap decisions, I think we might eliminate the fee, or possibly a maximum _ of $15. However, when our engineer is involved, we should charge $60 as our cost to the engineer is usually about $50. (Continued) REGULAR MEETIPIG OF 1^HE ORONO COUNCIL, JUNE 27 , 1977 Page 16 4 . Building permit minimum fee has been $5. 00 REVISED FEE SCHEDULE in 1973 U.B.C. The current U.B.C, is $10 . 00 . (Continued) � I have always charged $5. 00. 5. I do not agree with only a $25 . 00 plan review charge. Currently, we charge 1/2 the building permit fee. I think we should continue. It is a necessary service and more will be required as the State Legislature continues revising regulatory measures for construction. This service would be much more costly if the applicant were required to provide certification of compliance by certified engineers. The great majority of the 188 municipalities in the Metro area have adopted the 50� U.B.C. recommendation. � 6 . We should charge a little more on septic system reviews. Probably $60. 00, as our cost to I our engineer is usually about $50. 00 when we , f refer the designs for his review. 7. We should probably charge more on moving houses in. Most houses being moved are not in the best of condition. It takes quite a bit of staff time to inspect these older structures. This would probably help control moving into Orono of some marginal buildings. 8. Mechanical permits - $10. 00 minimum. Consider sliding scale based on horse poc�er and BTU' s. Council Meeting - June 27, 1977 ! Mayor Van Nest moved, Paurus seconded, to instruct staff to make revisions to the proposed fee schedules � for Council review at the July 11, 1977 Council Meeting. Motion, Ayes (4) - Nays (0) . Mr. Glenn Hawkyard, West Hennepin Assessing District WETLANDS ASSESSMEPITS Assessor, discussed with the City Council wetlands and their value for assessment purposes stating that there is a general breakdown between land and S buildings and all wet areas ,with no buildahle lots ,are usually valued at $100 per acre and open space and density credits are considered and that all wetlands are valued at what the market will bear. Paurus moved, Mayor Van Nest seconded, to re�uest the City attorney and Mr. Hawkyard to draft a resolution for Council review delineating marshlands and determining their value breaking out structures and dry buildable lots within the wetlands. Idotion, Ayes (4) - Nays (0) . � � REGULAR MEETING OF THE ORONO COUNCIL, JUNE 27, 1977 Page 17 Mayor Van Nest moved, Paurus seconded, to table SKI AREA ORDINANCE for lack of information the ski area ordinance. � rSotion, Ayes (4) - Nays (0) . Henry Muhich, Building & Zoning Administrator, DUCK POND DREDGING read into the record Mayor Van Nest' s memo on a moratorium on dredging for purposes of duck pond construction, dated June 13, 1977, s which states: After reviewing all the information contained in the Stormwater Management Plan and discussions held by the Planning Commission and the Council, I would like to make the following recommendation for a policy statement regarding application for duck ponds: Any wetland contained within the Stormwater Management Plan of the City will not be considered , ` for the construction of duck ponds requiring any dredging of aquatic vegetation. The rationale behind this determination is that the assumative . capacity of all marshes within the Stormwater Management Plan is required to remove nutrients from the subwatershed in which the marsh is located, to remove nutrients from subwatersheds adjacent that may, at some future time, be diverted for purposes of using excess assumative capacity and to remove nutrients from stormwater that will be recycled through the marshes within the Stormwater Management Plan for purposes of lowering the total nutrient content of stormwater eventually discharged to Lake Minnetonka. Our ' Stormwater Management Plan today does identify every marsh within the City of Orono that is � required for the purposes of nutrient removal. This plan must be continually updated to add to the Stbrmwater Management Plan any marsh that has been over-looked that may have benefit to the overall plan. It would become our policy and reflected in our Ordinances that none of the assumative capacity of any of the required _ marshes so identified could be lost for purposes � of duck pond construction. For any marsh not included in our Stormwater Management Plan, the policy should clearly , allow the construction of duck ponds by the clearing of aquatic vegetation as long as the � storage capacity is not diminished and not more than 50� of the assumative capacity is removed " for purposes of duck pond construction. Before a permit would be granted for the dredging of a ' duck pond, a review by City staff must be conducted � to determine whether or not this particular marsh � (Continued) ► � � . • REGULAR PZEETING OF THE ORONO COUNCIL, JUNE 27, 1977 Page 18 � should be included within the Stormwater r4anagement DUCK POND DREDGING Plan, and, therefore, not be subject for duck �ond (Continued) � construction. � I believe that if this policy is adopted by the � Planning Commission and Council that we should instruct our City Attorney to make the necessary � amendr�ents to our wetland ordinances that will adequately express this policy in our ordinances. • I further believe that this memo should be � reviewed by the Planning Commission and Park Commission to solicit their comments before our � adoption. � Staff - June 22 , 1977 � Mr. I'Iuhich stated that the Planning Commission � discussed this matter at their meeting of June 20 , 1977. The Commission was in general agreement � with the intent of the memo. � Two members were concerned that there would be � consideration of any marsh removal anywhere in the City, whether or not identified in the � Stormwater Management Plan. Their concern was that in the future we may need to use all of � our riarshes. � The comment was made that there is an abundance i of open water available for water fo��l and the possible future need to use all the marsh for � storr.lwater filtration would sunercede this. � Council Meeting - June 27 , 1977 • Paurus moved, Mayor Van Nest seconded, to approve • the concept of P�iayor Van rdest' s memo for a moratorium on dredging for purposes of duck pond S construction per the Planning Commission comments and to instruct staff to review Ordinance No. 125. � Motion, Ayes (4) - Nays (0) . � ido action was taken on a moratorium for parks. PARKS MORATORIUM + � Henry Muhich, Building & Zoning Administrator, STATUS REPORTS inforned the City Council that the following • items were being reviewed by the Planning • Commission for action at a later date: John , Gullickson, Jr. , 920 Forest Arms Lane, variance; i Home Federal Savings & Loan Assoc. , 493 Park Lane, � variance; Robert White, 320 Woodhill Road, subdivision; Donald Ekeberg, 1956 Loma Linda, variance; William Kelley, 2340 Fox Street, subdivision; Sussel Co. , � 473 Tonkawa Road, variance; John Gullickson, Sr. 940 Forest Arms Lane, variance, Joseph Reycraft, 2175 � Shevlin Drive, variance; 69illiam Stewart, 140 Leaf * Street, variance. � • REGULAR DZEETING OF THE ORONO COUNCIL, JUNE 27, 1977 Page 19 � Mr. Greg Frank, City Engineer, stated that the FLOOD IPJSUR.ANCE STUDY following letter was received from Gler.� C. � ���oodard, Jr. , Acting Regional Director, concerning the Flood Insurance Study, dated June 14 , 1977: � a Attached are final draft copies of the Flood Insurance Study for your community. You will be contacted � by this office within thirty (30) days in order that we may establish a meeting date for a review + and presentation of the report. In the meantime, please review the report to assure yourself and � other local officials of its technical sufficiency. Should you discover additional technical data which � should be considered as a part of the study, please � make this known to us at our review meeting. � If you have any questions concerning the study, please contact either Mr. Larry Bailey or me at � (312) 353-0757. � EI1C� of letter. ` � � Mr. Greg Frank, City Engineer, stated that the COUNTY ROADS #19 & #84 following letter was received from Dennis L. � Hansen, County Traffic Engineer, concerning County Roads #�19 & #84 , dated June 22 , 1977; �Enclosed for your information is a set of plans � for the above mentioned improvement. A set of � plans was previously sent to the City of Orono on May 19 , 1977, along with a cover letter ` briefly describing the project. � This channelization project is designed to eliminate the immediate problem of conflicting traffic move- • ments through the intersection. Existing conditions • provide confusion and serious accident potential between the eastbound CSAH 19 to CSAH 84 movement • and the northbound CSAH 19 movement. The channelization will also provide separation of CSAH 19 traffic through � the intersection. � The project will be constructed at Hennepin County expense by our maintenance forces. The estimated � cost of this improvenent of $1,500 with construction � taking approximately three days to complete. � ��ork within the City limits of Orono involves construction of approximately 100 ' of 6-foot wide � bituminous shoulder located in the northeast c�uadrant of the intersection. As seen by the cost and extent � of the work involved, this improvement is not a major Areconstruction project but a spot safety improvement project intended to provide the travelling public ` a safer and more clearly defined intersection. � �nd of letter (Continued) � � • REGULAR MEETING OF THE ORONO COUNCIL, JUNE 27, 1977 Page 20 � Council Meeting - June 27, 1977 COUNTY ROADS #19 & #84 � Mayor Van Nest moved, Pesek seconded, for staff �Continued) • to request Hennepin County to defer proposed channelization until completion of the ring route, . when at that time, it would be more economically feasible. P�Iotion, Ayes (4) - Nays (0) . � � I�ir. Greg Frank, City Engineer, reviewed with the ON-SITE SEWAGE CODE City Council a preliminary draft of Orono' s On- • Site Sewage Treatment Code. � Pdayor Van Nest moved, Pesek seconded, to table � Orono' s On-Site Sewage Treatment Code item until the meeting of July 11, 1977, r4otion, Ayes (4) - � Nays (0) . � • Mr. Greg Frank, City Engineer, informed the City NORTH STAR MARINA , Council that he and staff and County Engineers Curbcut � are to meet Thursday, June 30, 1977 to review North Star Marina' s curbcut proposal. ` � Dick Benson, City Administrator, reviewed with SHADE TREE PROGRATI the City Council a proposed Shade Tree Program, � stating that: � The State of Minnesota has made available certain � funds to be used as grants to local units of government for shade tree disease control and � for planting of new shade trees. There are two types of grants available: Sanitation Grant and � Replanting Grant. � I. Sanitation Grant � This grant would be for the purpose of aiding the � City with the cost of the shade tree disease control program retroactive to January l, 1977. � Activities eligible for reimbursement include: diseased tree inspections, disease control tree � trimming, root graft control, tree removal, and • tree disposal. Also, any subsidies to private residential property owners (on less than five � acres) are eligible as part of this grant. � The State has estinated that 45 percent of our actual sanitation costs incurred will be reimbursed. � As the following sanitation budget indicates, we have estimated our sanitation costs to be $21, 571 • for 1977. (Continued) � � � � � . . R�GULAR MEETING OF THE ORONO COUNCIL, JUNE 27, 1977 Page 21 � � Estimated Sanitation Budget: SHADE TREE PROGRAM (Continued) � Personnel $ 6 , �75 Equipment Use 3, 096 � Outside Contracts 7 , 400 Miscellaneous 5 , 000 � $ 21, 571 � � 4de have based the preceding estimates on a projection of having to remove 60 trees on public � property during 1977. The personnel are only those employees who work physically renoving, � trimming, disposing, etc. , the diseased trees on • public property. No fringe benefit costs or administrative costs are included. The equipment � use is based on the estimated time needed to remove and dispose of diseased trees at the rates � indicated on the equipment schedule provided by the State. � � The outside contracts are for the forester and � for the dumping charges at the disposal site. • The miscellaneous charges are for an estimated 200 trees removed on private residential property � for which the City would subsidize $25. 00 per tree. All the costs, except the subsidy costs, are � currently budgeted for in the Street Department or the Health Department of the General Fund. � The subsidy costs are included in order to • indicate the possible effect on the budget. The program application form will not be filled in � until Council has made a decision regarding this estimate. w II. Replanting Grant � The replanting grant is for the purpose of aiding � the City with the costs of replanting shade trees • to replace those destroyed by disease. There are several restrictions in this grant: � l. Grants are for trees planted on public lands only. � 2. The number of trees for which grants may be made � may not exceed the number of trees removed • from public property in the preceding year. � 3. Grants may be made for costs incurred after January l, 1977. � 4. Grants may be made for up to 5D% of the cost of � planting new shade trees but no grant may exceed � the average cost of $40. 00 per tree planted. (Continued) � � � � . , REGULAR MEETING OF THE ORONO COUNCIL, JUNE 27, 1977 Page 22 . Based on the foregoing restrictions, we estimated SHADE TREE PROGRA2d the following to be the 1977 Replanting Budget: (Continued) � Personnel $ 1, 165 � Equipment Use 931 • Total $ 2 , 096 � The figures for personnel and equipment use are from the same sources as the Sanitation Grant � Budget. In 1976 , the City removed 29 diseased trees from public property. Therefore, we are � limited to recovering 50� of the costs of planting 29 shade trees in 1977. The average cost per tree � being under $80. 00 ($72. 28) . � If the City should decide to participate in both � programs as budgeted, we estimate that the City will recover the following: r Sanitation Budget $21,571 X 45°s = $ 9 , 707 • Replanting Budget $ 2, 096 X 50� - 1,048 Total Estimated Grants 10 , 755 � � Note: The City did not budget for replanting or subsidies in 1977. However, if the grants estimated � by the State are accurate, we will recover enough to pay for the replanting and subsidies and to � offset part of the costs that were budgeted for � 1977 as part of the regular program as follows : � Total Estimated Grants $ 10 , 755 Less Estimated Total Costs of �' Replanting (2 ,096) . Less Estimated Total Costs of Subsidies (5 , 000) + Net amount estimated to be available ` to offset costs budgeted in 1977 $ 3, 659 � P1ote: The application for grants must be returned � before July 1, 1977. If it is not, the City will lose the share available to it. � On June 21, 1977 , rir. Gerald Beach, Forester for � the City of Orono, Mr. Thomas Kuehn, Finance • Director, Mr. John Gerhardson, Public Works Supervisor, and P1r. W. R. Benson, City Administrator, � met to discuss the current shade tree program sponsored by the State of Minnesota. It was � agreed that if the City of Orono were to participate in the program to subsidize the pr.operty owner, it � would have to be limited to half acre lots or smaller. � (Continued) � ' � r . . • REGULAR MEETING OF THE ORONO COUNCIL, JUNE 27, 1977 Page 23 � It was also agreed that a $25. 00 subsidy per tree SHADE TREE PROGRAM to the property owner would be as much as the (Continued) � City of Orono could afford. This would be for a 6-inch diameter tree or larger. • • Mr. Beach has projected in a ten-year period that 5, 400 elm trees would be susceptible to � Dutch elm disease, with at least a 70$ loss ratio for a total of 3, 780 elm trees that would � have to be removed because of Dutch elm disease. • If the City of Orono is to participate in the • subsidy portion of the program, the projected cost to the City for a ten-year period will be ' $94, 500. 00. Of that amount, 45 percent will be refunded by the State, if their program is � in existence for that long a time. If the program should terminate prior to that time, we r would re-evaluate the subsidy portion of the program. � � • The following is a projected breakdown per year for ten years. You will notice that Mr. Beach + projects the disease to peak in 1981, with a moderate decrease after that year. � Ten-Year Breakdown - Page 24 � Paurus moved, Mayor Van Nest seconded, to �' participate in the State of Minnesota Sanitation ` and Replanting Grant, as proposed by the City Administrator, limiting the subsidy of the � Sanitation Program to the property owner to $25. 00 per tree six-inch diameter or larger on � 1/2 acre lots or smaller in the present control zone as stated in the proposed program. Motion, � Ayes (4) - Nays (0) . • � • � � � � � � + � � � � • ! • �� • • • • � • � • • � • • �� • � i� � • • • • • • • • •� • � i z r� .. N�unber o{ Lln�s Actual ];lms Lost 'fotal Cost Cost to State Cost to c Susceptible to nise�.se 70% of St�sceptible /1t $25.00 � of P�4innesota City of Orono r Year (h� 1/2 Acre Lots �lms on 1/2 llcre I.ots Per Tree (45 a � °) (550) � 1977 200 140 $ 3,500 $ 1,575 $ 1,925 � H 1J78 400 280 7,000 3,150 3,850 � 1��� 7�� 490 12,250 5,512 6,738 � 1980 900 630 15, 750 7,087 8,663 x t� � 1981 1000 700 17,500 7,875 9,625 0 z 0 1982 800 560 14,000 6,300 7, 700 0 1983 G00 420 10,500 4,725 5,775 0 z 1�J84 400 230 7,000 3,150 3,850 � H ' r 1�J85 250 175 4,375 1,969 2,4�G � � 1986 150 105 2,G25 1,181 1,444 � � N Total 5,400 3, 780 , 94 500 ' 42 524 51 97G � � � � J � ro w w � c� N �A r . + REGULAR MEETING OF THE ORONO COUNCIL, JUNE 27, 1977 Page 25 ' Mr. Dick Benson, City Administrator, informed the RESIGNATION City Council of the resignation of James Gregory, James Gregory � Water & Sewer Department, as follows: • After one year nine months, I have decided that � my future is definitely not with the Water and Sewer Department of Orono. Job satisfaction is � my main objective w.ith any type of employment. I am definitely not satisfied with working with � this department. I have spent quite a bit of time during my life working with building, � repairing, and generally maintaining all types . of machinery, buildings, and materials. I have � almost always found job satisfaction with the • above type of work. I like to come home from a job at the end of a day and clearly see what � I have accomplished that day. � I am not satisfied with maintaining and repairing sewer and water systems all day long only to , � come hone at night tc wa.it and anticipate , unexpected trouble. I do not mind at all if I must work nights and weekends once in a while, � but I am simply tied down too much to my present job to enjoy it. The strict, but necessary, � standby system that the Orono Water and Sewer Department has is not allowing me to pursue � other objectives of life. � I have decided that before I become too much • involved with something that I am not happy with I am better off if I resign from the Orono S Water and Sewer Department. I am looking at Friday, July II , 1977 as my last day of employ- � ment with the Orono 4Jater and Sewer Department. � End of letter � Mr. Dick Benson also informed the City Council EMPLOYP�iENT . of the following letter from John Gerhardson, James Gregory Public Works Supervisor, dated June 23 , 1977: � The Public Works Department has advertised and � interviewed for a Light Equipment Operator for the Street Department. This position is � being filled to replace Duane Johnston, who • resigned in I�Iarch, 1977. � After interviewing applicants, I would recommend hiring Mr. James Gregory, 1025 Brown Road South, � at a starting rate of $6 . 00 per hour, effective July 11, 1977. . (Continued) � � � � � � • REGULAR MEETIP�G OF THE ORONO COUNCIL, JUNE 27, 1977 Page 26 � Because Mr. Gregary has resigned his position with EMPLOYr1ENT the Orono Water and Sewer Department, effective James Gregory � July 11, 1977, I will review his salary after (Continued) three months. However, his probationary period • will still remain at six months. � Council Meeting - June 27, 1977 � Mayor Van Nest moved, Paurus seconded, to employ � James Gregory as a Light Equipment Operator for the Street Department at a starting rate of $6. 00 S per hour, effective July 11, 1977. Motion, Ayes (4) - Nays (0) . � � Massengale moved, Paurus seconded, to adopt Resolution RESOLUTION #798 � #798 , A Resolution Requesting And Authorizing The Home Improvement Progr� Metropolitan Council Housing And Redevelopment � Authority To Apply For Rehabilitation Grant Funds For Implementation Of The Home Improvement Grant � Program Within The City Of Orono. P�Iotion, Ayes (4) - i Nays (0) . � Mayor Van Nest moved, Paurus seconded, to adopt RESOLUTION #799 � Resolution #799 , A Resolution Approving Plans And Tanager Lake Bridge Specifications For Tanager Lake Bridge. Motion, � Ayes (4) - Nays (0) . � + Paurus moved, Mayor Van Nest seconded, to adopt RESOLUTION #800 Resolution #800, A Resolution Approving Revised Emergency Plan � Orono Emergency Plan. Motion, Ayes (4) - Nays (0) . • Dick IIenson, City Administrator, informed the City MERIT INCREASES • Council that effective January l, 1977, the City Council adopted a resolution establishing salaries � for City employees at a 6� across the board increase. S Upon reviewing each employees work performance and � relating their current salary to responsibility and quality of work, I recommend the following merit � increases: ♦ Alberta Strom, Deputy Clerk - 2� • Barbara Ewaid, Building & Zoning Secretary - 2� Jim Dillman, H.E.O. Foreman - 2� � Ken Schmitz, L.E.O. Foreman - 2� Ron Steffenhagen, Golf Course Superintendent - 4$ � Dave Goman, Sewer & ti�ater Foreman - 2� � Department heads and other employee_s who received �a 1977 increase above the 6$ are not included in this review and will be considered when yearly � salaries are established for 1978. (Continued) � � r . REGULAR MEETING OF THE ORONO COUNCIL, JUNE 27, 1977 Page 27 � . Paurus moved, Pesek seconded, to approve the MERIT INCREASES merit increases for the aforementioned employees (Continued) �effective June 27 , 1977, per the City Administrator' s recommendations, t•iotion, Ayes (4) - Nays (0) . � � Dick Benson, City Administrator, informed the City SALARY INCREASE • Council that Susan Lynott joined us December 2 , 1976 Susan Lynott as a Clerk-Receptionist at a starting rate of $450 � per month. � Susan' s performance has been satisfactory as a receptionist but she does need to improve her � typing skills. Susan is participating in a short • typing course to improve herself. � I recommend her six month probationary period be extended for another six months with a three and � six month review. � I recommend her salary be increased $0. 20 per hour, which will increase her monthly rate fror_m $450 to • $485 per month, effective June 27, 1977. � Mayor Van Nest moved, Paurus seconded, to increase the salary of Susan Lynott from $450 to $485 per � month, effective June 27, 1977 and extend her pro- • bationary period for six months . Motion, Ayes -{4) - �1ays (0) . � - � Dick Benson, City Administrator, informed the City MERIT INCREASE Council that Mr. Tom Kuehn, Finance Director, Thomas Kuehn � joined us in June, 1976 at an annual salary of $15, 000 per year. After completing his probationary � period, he received a 4� increase; after completing a Pdunicipal Finance course in February, he received � a 5� salary increase. Mr. Kuehn has recently completed a four credit college course in enter- � prise and intragovernmental service funds accounting . and received an "A" on the final examination. � Upon reviewing Mr. Kuehn' s recent salary of $16, 380 per year, I recommend a merit increase of 6� , � effective July 11, 1977, which will adjust his annual salary to $17, 363. This proposed annual � salary is comparable to this position in this area. � Paurus moved, Pesek seconded, to increase the salary � of Thomas Kuehn, Finance Director, from $16 , 380 to $17, 363 per year, effective July 11, 1977. Motion, � Ayes (4) - Nays (0) . � . � � i • � . . REGULAR MEETING OF THE OROP10 COUNCIL, JUNE 27, 1977 Page 28 � • Mayor Van Nest moved, Paurus seconded, to accept SUMMARY R.D.B. the Surtmary of Receipts, Disbursements, and Balances May 1977 � for the month of May, 1977. Motion, Ayes (4) - Nays (0) . i � Mayor Van Nest moved, Paurus seconded, to accept SUMMARY R.D.B. , the Summary of Receipts, Disbursements, and Balances Ending May 31, 1977 for the five months ended May 31, 1977. Motion, � Ayes (4) - Nays (0) . � Dick Benson, City Administrator, informed the City GOLF COURSE REPORT � Council that the operating gross profit for the • five months ended May 31, 1977, is up $1, 182 over the same period of 1976 for the Orono Golf Course. � This amounts to an increase of 13. 940 . The operating expenses for the first five months of 1977 are up � $250 over 1976 , or 2 . 07%. Thus, the Golf Course, at this time, is ahead of last year $932. � . There are several changes on this report if compared � with the April report. Most changes are simply • reclassifications of expense items due to errors in coding during 1976. However, tllere is one change in the Maintenance of Miscellaneous Equip- ment which moves $459 from 1977 to 1976. This � was for a bili received and paid in February 1977 for services rendered in 1976. � � Dick Benson, City Administrator, informed the City PLAYGROUND EQUIPMENT � Council that quotations have been received for Hackberry Park playgound equipmentfor Hackberry Park from 1�iiracle � Jamison and Earl F. Anderson & Associates. � On June 21, 1977, I presented the bids to the Orono Park Commission. After careful consideration, the � Park Commission voted to accept the bid price of • Earl F. Anderson & Associates in the amount of $1, 876. 22 plus the freight for one item. The � freight shall not exceed $100 and the total price, including freight and installation,is not to � exceed $1, 976. 22. � This equipment will be paid by the City of Orono S and the City will then be reimbursed through the Community Development Block Grant Program. � This type of receiving bids is acceptable as it � is under the $2, 000 maximum guideline set down by H.U.D. _ � � (Continued) � � � � . REGULAR MEETING OF THE ORONO COUNCIL, JUNE 27, 1977 Page 29 � • Mayor Van Nest moved, Paurus seconded, to accept PLAYGROUND EQUIPMENT the bid for playground equipment for Hackberry (Continued) �ark from Earl F. Anderson & Associates in the mount not to exceed $1,976. 22. Motion, Ayes (4) - � Nays (0) . � . Pesek moved, Mayor Van Nest seconded, to adopt RESOLUTION #801 Resolution #801, A Resolution Approving Issuance Liquor & Beer Licenses � Of On And Off Sale 3. 2 Beer Licenses, Setup Licenses, And Liquor Licenses, t�otion, Ayes (4) - Nays (0) . � � Dick Benson, City Aciministrator, informed the City PERFORMANCE BOND + Council that Mr. Spear filed a Performance Bond Eileen Street in the amount of $8, 000 for Eileen Street in � Stubbs Bay Addition on August 12, 1974. Mr. Greg Frank, engineer for McCombs-Knutson Associates, Inc. , � has inspected Eileen Street and states that all conditions set by the City of Orono have been met. � Mr. Gerhardson, Public Works Supervisor, has also checked Eileen Street and recommends the Performance � Bond be released. � Massengale moved, Pesek seconded, to release the Performance Bond in the amount of $8,000 for Eileen Street to Mr. Spear. Motion, Ayes (4) - �1ays (0) . � • Dick Benson, City Administrator, discussed the 73-1 73-1 CONSTRUCTION MATTEF construction matter with the City Council. � � Dick Benson, City Administrator, presented to the PETITION City Council the following petition for lower speed Speed Limit - Willow Dr. � limits on Willow Drive, dated June, 1977: � We, the undersigned, respectfully request of the • City of Orono that a section of Willow Drive, in the City of Orono, between Fox Street to the � south and the Burlington-Northern train bridge to the north, necessitates the speed limit be lowered � from its present 40 MPH to 30 MPH. � Also, we the undersigned, respectfully request of • the City of Orono that this same section of road be more heavily patrolled by the Orono Police � Department. � We feel that this is a very reasonable request of the City for the following reasons : - (Continued) � � � � � � - REGULAR MEETING OF THE ORONO COUNCIL, JUNE 27, 1977 Page 30 � • l. Willow Drive and Fox Street intersection: This PETITION - Speed Limit has recently been made a four-way stop. The (Continued) � visibility on both streets at this inter- section is poor. Also, north of this inter- � section, on Willow Drive, is a very sharp curve which the average driver would travel at � 30 MPH or less. � 2. Willow Drive and Glendale Avenue: This is � a very busy intersection with heavy traffic coming from Long Lake. Often, people on � Glendale fail to stop at the intersection, causing a dangerous condition for traffic � on Willow Drive. � 3. The Burlington-Northern trail bridge: Approach- . ing the bridge from either direction, there is no visibility. It is just wide enough for � two cars to meet. With the amount of pedestrians and bicycle travel over this bridge, it creates , a hazardous condition. � 4 . Hackberry Park: This park is adjacent to 6�Tillow • Drive and is becoming increasingly utilized. The parking area of the park is situated so � as the cars leaving the park back directly into oncoming traffic. Also, there is nothing to stop children from running between the parked cars right into the traffic lane on Willow Drive. � This park is one of the City' s finest; and it • would be a tragedy to put such a mark on it as a traffic death. � 5. Willow Drive, itself, is a hazard with the wide � blacktop surface composition of traffic lanes and bicycle lanes on either side. The possibilities � of drag races and spin outs are great. This should not occur on any road. � • The reasons above should be ample for the City to lower the speed limit and provide greater protection from � the Police Department so as to remedy the situation as it is. « Mayor Van Nest moved, Pesek �seconded, to request the � staff and the State to review the speed limit and other • stated concerns contained in the above petition. Motion, Ayes (4) - Nays (0) . � � Mayor Van Nest moved, Pesek seconded, to instruct WINDMILL ORDINANCE staff to draft for the next meeting- a Windmill � Ordinance. Motion, Ayes (4) - Nays (0) . � � � � � • r . REGULAR MEETING OF THE ORONO COUPICIL, JUNE 27, 1977 Page 31 • Bruce Malkerson, City Attorney, reviewed the MARJORIE GASCH MATTER Conciliation Court action with the City Council �egarding the Marjorie F. Gasch matter. � • Mayor Van Nest moved, Massengale seconded, that LICENSES the following licenses, be approved: Motion, . Ayes (4) - Nays (0) . � Loren Brown Plumbing - Plumber & Sewer Hookup London Plumbing Company, Inc. - Plumber � � Massengale moved, Mayor Van Nest seconded, that BILLS i the Al1 Funds Accounts 1066 through 1115 , 5501 through 5544, 19546 through 19552 and Liquor Store . � Accounts 11974 through 12008, be paid. Motion, Ayes (4) - Nays (0) . � Massengale moved, Pesek seconded, that the meeting ADJOURNMENT . be adjourned at 12 : 20 A. M. Motion, Ayes (4) - Nays (0) . � i ` � / '� ��� � / � wil iam B. Va Nest, Mayor • � ;' ,-- � At te s t: , � ��----- Walter enson, Clerk-Administrator � � � a � • • • • � � �