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HomeMy WebLinkAbout08-08-1977 Council Minutes � � ' CITY OF ORONO � Regular Meeting of the Orono Council, 7 : 18 P.M. � August 8 , 1977 � The Orono Council met on the above date with the following members present: Acting Mayor � Butler, Councilmembers Paurus and Pesek. Absent: . Mayor Van Nest, Councilmemher P�3assengale, and City Administrator Benson. Also present: Building & � Zoning Administrator Muhich, Assistant Building & 7oning Administrator Olson, Attorney P�alkerson, � Fngineer Frank, and Deputy Clerk Strom. Councilmember Pesek arrived at 7: 18 P .M. � � Acting Mayor Butler announced that this was the PUBLIC HEARING � ti_me and the place for a public hearing concerning Height of Structures an amendment to Ordinance No. 177 relating to � height of certain structures. The Public Hearing Notice and Affidavit of Publication were presented. � Acting P-9ayor Butler asked if anyone present wished to comment on the proPosed amendment. No comments � from the audience. The public hearing was closed � at 7 : 21 P.M. � Due to the fact that four-fifths of the Council was not present in order for action to be taken, � the proposed ordinance amendment was tabled until the regui�x' meeting of August 22 , 1977. � � Paurus moved, Pesek seconded, to approve the MINUTES � Minutes of the Regular Meeting of July 25 , 1977, as amended. Pdotion, Ayes (3) - Nays (0) . � � No comments from the Park Commiss�ion�. PARK COMMISSION � No comments from the Human Rights Commission. .� HUMAN RIGHTS_ COb1MISSION � Councilmember Paurus reported that the Lake - LAKE MINNETONKA _ • P�finnetonka Conservation District will be holding CONSERVATION DISTRICT a meeting concerning lake use standards. a No cornrnents from the Planning Commission. PLANNING COP•7MISSION � � � r � � � � � a � ' � � , � RF,GULAR MEETING OF THE ORONO COUNCIL, AUGUST 8 , 1977 Page 2 � Acting r'Iayor Butler announced that this was the PUBLIC HEARING - 7: 30 P. time and the place for a public hearing concerning Building, Mechanical , & • an amendment to the IIuilding, Mechanical , and Plumbing Code • Plumbing Code. The Public Hearing Notice and Affidavit of Publication were presented. Acting � t�iayor Butler asked if anyone present wished to comment on the proposed amendment. No comments � from the audience. The public hearing was closed at 7 : 32 P.r�4. � • Pesek moved, Paurus seconded, to adopt Ordinance ORDINANCE NO. 195 No. 195, An Ordinance Amending Chpaters 20 And Building, Mechanical, & � 21 Of The Municiapl Code Of Orono Relating To Plumbing Code 'Phe Adoption Of The State Building Code, The � Uniform Building Code, The P4innesota Plumbing Code And The Minnesota Mechanical Code. Motion, � I�y�s (3) - Nays (0) . � + Henry Muh.ich, Building & Zoning Adrainistrator, VICTORIA GRI�IN COMPANY informed the City Council that the Victoria 500 North Arm Drive � Grain Company' s engineer contacted staff and #200 requested reappearance before the Planning � Commission and Council for purposes of revising the proposed dock location. • � • Paurus moved, Pesek seconded, to refer to the Planning Commission a revised plan for the � location of a dock for the Victoria Grain Company, 500 North Arm Drive. Motion, Ayes (3) - � Nays (0) . � r7r. & Mrs. Ray Kempf were presented with a NORTH STAR TZARINA � resolution by Bruce Malkerson, City Attorney, _°- _ regarding� conditions for their dredging permit:- � They were requested to review the resolution in � private and return to the Council Char.ribers- later - in the �evening. for discussion. _ � � � � � � � � � � � � � ' + � REGULI�R P'lEETING OF THE ORONO COUNCIL, AUGUST 8 , 1977 Page 3 � Henry Muhich, Building & Zoning Administrator, NORTH SHORE DRIVE MARINA i.nformed the City Council of the following 3222 North Shore Drive �nformation for the meeting of August 8 , 1977 #235 � ncluded Resolution #806 , A Resolution Denying Larry Iiork Larry Hork,d/b/a North Shore Drive P'Iarina, � Authority To Erect Two Dry Stack Boat Storage Units; Stipulation for Settlement, July 29 , 1977; � addendum letter from A. P. Olson, Assistant Building & Zoning Administrator, to Larry Hork, � August 3, 1977; irrevocable bond for $5, 000 per � stipulation; and the City Engineer' s structural plan review. � r�r. Muhich also stated that the negotiation by � Council and staff over terms of possible litigation settlement resulted in the Stipulation for � Settlement which was agreed upon and signed by all parties by August 4 , 1977. Following terms � of the stipulation, the City received a registered � engineer' s evaluation of the proposed structure. The plans and evaluation were reviewed by the City � Engineer and Building Inspector and the desic�n engineer was contacted for clarification of � certain details. Upon receipt of the required bond and based upon the City Engineer' s review, � building permit #3589 was issued to North Shore S Drive A4arina on August 4, 1977. � �etter to Larry Hork from Alan P. O�son, dated August 3, 1977, attached pages 4 & 5 � Letter from Greg Frank, £ity Engineer, dated r August 4,_ 1977, states: - r At your request, we phoned, on August 4, 1977, ' . Mr. Dave 4�eaver of Jervis B.: �aebb Company, the , . designer of the subject storage rack: _ The purpose _; _. ; � of the conversation 'was to ascertain from Mr. -" Weaver - the 'structural iritegrity of t�e rack in � lieu of the facts that (1) the roof syster.l will not be allowed in the actual installation, and � (2) the top section directly supporting the roof would not be necessary, and (3) the rack support � shall be 16" diameter footings in lieu of the � continuous slab as detailed in Mr. Weaver' s drawing. � r4r. Weaver stated that the third level beam is unnecessary if the roof structure is not to be � installed. The structural integrity of the system will not be impaired if this beam were omitted � provided that the roof structure is also omitted. � lso, Mr. [aeaver stated that the footings were �iesigned for a loading of 3587 pounds per pair, as detailed in the plans. The 16" diameter footings � are, in my opinion, adequate to support the design loadings. � (Continued) End of letter � � �' � , Tc3cphone �73-73b7 ! . Page 4 .�:' • -y '��d, '�� CX'T'Y Of O]E�O�O . . � r�_ � � ���"�"- r' � Poet Office Box 66•CryaLal Bay, Minncnota b5323•Municipal Offices `� ��js� � -..t ��! - � On the North Shore of Lake Minnetonka _ • - • • � * + August 3, 1977 � Mr. Larry Hork � North Shore Drive Marina, Inc. ' 3222 North Shore Drive - • Wayzata, }�'Lirmesota 55391 �' Dear Larry: � You have indicated to the City officials that you have recently been told that � you are no longer able to rent the storage building in 19aterto,�a1 for the storage of arry extra boats that you may purch�se this fall or winter for sale. You • noted that you intend to go to 1Jew York in November to possibly purchase 1977 � � close�aut boats and that delivery of those boats would be made in November to Minnesota. You asked that you be given permission to plaoe up to 45 additional � boats which are to be new boats for sales purposes to be aaned solely by you on , the premises during the initial period of the agreement that kas sig,ned tod.ay r concerning the construction of the structures on your premises. The Clty ls willing to allaa you to place up to 45 additianal new baats on the + prefnises for the period of this agreement, as lang as by October 15, 1978, you ' have toanpleted satisfactory to the City all of the fencing bezms, shn�bbery, etc. * that yvu are required to canplete purst�t to the tenns of our agreement and the locaticai of the pmposed additional boats will be such that it will be cc�pletely � screened fmm all surroimding areas and wi11 not be in violation of the setback, , yard and parking restrictions of the City of Orono, and you aclrnawledge that the � gr�ting to you of the right to add an additional 45 boats in no way grants you vested rights to additional baats and that this is a temporary alloh�ce in order i � to assist you because of your loss of other storage areas. � You agree that this in no kay gives yau a vested right to increase the ntm�ber of � boats in the future above 150 � the premises. � It is also imderstood that you need a reascmable grace period in order to come within the tem�s of the agreement you have executed. You presently have five • new boat imits over the 55 imit limit on "other boats", as expressed in paragraph � 6 of the stipulatio�. I tmderstand that you presently are advertising and other- wise seeking to sell 11 boats and that upan the sale of five of those, you will � be within the 55 imit limit and that you shall have those boats sold as soon as � reascnably possible. � � � ,. �-=1�> � ' v� � � � '�%//G�� w � l�u�u,st 3, ,19�� - `. • Page 5 �J On behalf of the City Coi�►cil of Orono and pursuant to City Crnmcil directian, �the City agrees that upo�n the executioR► of a copy of this letter and the return of same to the City of Orono, the stipulation of settlerrent is modified to • includ.e the above provisians. ` Very truly yours, � CITY OF ORONO • By , � � . . olson ' Assistant Zoning Administrator r � I have read the above letter and agree to be bow�d by the prwisions therein. � . � NORTH SF DRE DRI VE MARI I�IA, I NC. � - � By � �, —��,- f� � + Larry Ho�k, Pres�rvE.� � �/ r �i, �. L, /�� • /' � Lar-ry Hork, Ind_iyidually � �: , '��:�,� ��.�' � 011ie Horl: • • Henry. Sabes i i i • �i _ � • • • - � A • � f- � REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 8 , 1977 Page 6 • Paurus moved, Pesek seconded, to approve the NORTH SHORE DRIVE MARINA Stipulation for Settlement Agreement with the (Continued) �orth Shore Drive P�4ar�ina, 3222 North Shore Drive. i otion, Ayes (3) - Nays (0) . •� Henry Muhich, Building & Zoning Administrator, NORTH STA� MARINA � informed the City Council that on August 2 , 3324 North Shore Drive 1977, a report was received that dredging was in #242 • progress at the North Star Marina, 3324 North Ray Kempf Shore Drive. Mr. Alan Olson visited the site � and issued tags to Mr. Ray Kempf and dredge � owner, Mr. Bill Niccum, who were supervising the work. A STOP WORK order was placed, but work � was halted only after threatening their arrest. + Staff - August 3, 1977 � The City Attorney obtained a temporary restraining order against any further dredging until after � August 8, 1977. � Staff - August 4 , 1977 � Visited site and talked with Ray & Paul Kempf. � Rec�uested specific replies to unanswered questions • as per Council minutes of July 25, 1977. Inspected roposed dredging area, reviewed City concerns , � eceived copies of previous information. � The materials attached represent the history of this application to date. Permits have been � issued by the MCWD, DNR and Army Corps of Engineers. Consideration by Orono should include related ` topics such as total dock use area (dock length) . and runoff channelization and filtration. Other topics of general marina development include the ` highcvay access improvement, future structural additions, screening, planting, etc. These can � be addressed in the licensing resolution to be prepared when the current differences are resolved. • • Council Meeting - August 8, 1977 � Mr. & Mrs. Ray Kempf were present concerning his dredging request. After studying the resolution � presented this evening, Mr. Kempf stated that it was difficult to absorb the entire concept of the � resolution. P�r. Kempf informed the City Council that back in March, 1977, he sent applications to � the LD4CD, DNR, r4CWD, Orono and the Army Corps of S Engineers. The Army Corps of Engineers then issued � permit. The DNR also issued a permit, but before ssuing the permit, they asked MCWD for their comments. � (Continued) • • � � �� � REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 8, 1977 Page 7 i At the same time, the City Council requested that NORTH STAR MARINA the matter be referred to the MCWD along with a (Continued) ix-page letter from the Mayor. The MCWD tabled i he matter and sent a letter to r4r. Muhich for clarification of the letter from the Mayor. � Receiving no response, the MCWD approved the permit at their next meeting. Then, the DNR also approved � a permit. Nothing has been heard to date from the LP�CD. P4r. Kempf stated that he was having • problems with irate customers who were not able to get their boats out of their slips, so he called � the DNR asking them what could be done. The � DNR stated that P'ir. Kempf had all the permits that were necessary and that they could start dredging. � After starting the dredcjirig, late in the afternoon Alan Olson and a police officer arrived and tagged � Mr. Kempf. � Councilman Paurus: I agree that it is frustrating • but it is also frustrating to us because we get all the public frustrations, you get the customers � but we get the general public frustrations. I think that you should help us with the neighborhood � problem and the 200 ' dock limitation. ` Councilman Pesek: The 200 ' dock restrictions and 6 ' opaque fencing has been a law for two vears. � �till no fencing. I and P4rs. Butler werefgoing to . .eet with you on the evening that the dredging took place to put a plan together which everybody � see.med to think would be a good idea. Mr. Kempf mentioned dredging and I asked r�r. Kempf to put it � off for a couple� of days. To my knowledge, North Star has not complied in any way. • + Mr. Kempf: We have a real crisis and I urge you to grant this permit for dredging. Could your � attorney work with my attorney and work things out with a workable agreement with things I will do � and things that are reasonable and appropriate to do so that a decision could be made tonight so � I can get things moving. � Paurus moved, Pesek seconded, to a3opt Resolution RESOLUTION #810 • #810, A Resolution Granting A Dredging Permit To North Star Marina North Star Marina, Inc. , as amended. P�otion, Dredging � Ayes (3) - Nays (0) . � Paurus moved, Pesek seconded, to direct the City Attorney to work with Mr. Kempf' s attorney to � iron out the language for a workable agreement, subject to approval by the Acting Mayor. P4otion, � Ayes (3) - Nays (0) . � � � r � • REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 8 , 1977 Page 8 ` Henry Muhich, Building & Zoning Administrator, SUBDIVISION read into the record the following request for 3080 North Shore Drive ya subdivision for Laurence Reardon, (Phillip #73 Dykstra property) 3080 North Shore Drive, dated Phillip Dykstra � July 18, 1977, which states: Laurance Reardon � This final plat was previously approved by � Council on April 12 , 1976 . The resolution and plat have been signed, but no one ever paid the � park dedication fee so as to satisfy all the conditions of the resolution for proper recording. • I have heard nothing from the applicant, Mr. Dykstra, � since that time. Just recently, Mr. Reardon, a • recent purchaser of the property, resubmitted mylars and hardshells of the original plat as � approved. Copies of the preliminary and final plats are enclosed as well as copies of the � Planning Commission and Council minutes and the resolution approving the previous final plat. � Since the process was never completed, I believe it should go back to both Planning Commission * and Council for approval , � Mr. Reardon does have a tendency to twist instructions and directions. r • Remember, the previous approval was given subject to no lake access easement be given ` for Lot B. � Planning Commission Meeting - August l, 1977 � Reviewed unconsumated subdivision. Recommended approval of renewal subject to access easements • being filed for Lot A through Lot B, no riparian access for Lot B and payment of a $2, 000 park � dedication fee. � Council Meeting - August 8, 1977 � Paurus moved, Butler seconded, to adopt Resolution RESOLUTION #811 � #811, A Resolution Approving Registered Land RLS # Survey # , as recommended by the Planning 3080 North Shore Drive � Commission minutes of August 1, 1977. Motion, • Ayes (3) - Nays (0) . • � � � � � � � � REGULAR r4EETING OF THE ORONO COUNCIL, AUGUST 8 , 1977 Page 9 • Henry P�uhich, Building & Zoning Administrator, read VARIANCE into the record the following informa�ion concerning 1410 Bohn' s Point Road ! a variance request of Jack Rhode, 1410 Bohn ' s Point #210 � Road, dated April 12 , 1977, which states : Jack Rhode � P�4r. Rhode has submitted a revised proposal and site plan including the adjoining properties � with house locations. He is still requesting the use of the existing structure. I am enclosing � copies of this revised proposal and plan. � I checked the site again and feel the proposed � location of the house may be a little too far forward than necessary. I also believe that � moving the house location back to the 30 ' setback line would result in an encroachment on the � Lauers to the west. � It might be best to compromise and locate the • front of the house midway between the proposed location and the average setback line as shown + on my sketch "Exhibit A" . + �9e might also consider sticking to the conditions set forth by the Council on October 22, 1977, when � a variance on this lot was first approved. At • that time, removal of the old garage was one of the conditions of approval. We could � require this again. � Planning Cor.unission P4eeting - P�ay 2 , 1977 • P4r. Rhode and neighbors, Mr. Becker and Psr. & Mrs. Lauer were present. Commission indicated � objection to retain existing carriage house. • Similar variance approved in 1974 was conditioned on removal of carriage house - also indicated ` objection to multiple dock on property. Suggested one main dock for use of surrounding property � owners having lake access easement across subject property (grandfather - legal non-conforming) . � Extremely long discussion followed regarding � location of proposed dwelling. r7ot much + progress in determining satisfactory location. The three interested parties could not agree � on location. + Planning Commission finally tabled the application and suggested Mr. Rhode submit another revised � plan indicating dimensions from lakeshore in order to determine actual location and eliminate � any future controversy. � Mr. Rhode requested deferring action until June 6 , � 1977, as he was scheduled to be out of town at the time of our next scheduled meeting. Notices e of ineeting would be sent to all interested parties. � (Continued) � , � REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 8 , 1977 Page 10 • Planning Commission P4eeting - June 6 , 1977 VARIANCE 1410 Bc�hn' s Point Road �abled - no new information from applicant. (Continued) � Staff - July 20, 1977 � Enclosed is a copy of a revised proposal by � Mr. Rhode. He has moved the proposed location of the house back 35 ft. from his original plan. � The front edge is in line with the front edge of • the Becker house. This west wall of the Becker house has no windows. � I am also enclosing a copy of a letter from � Mr. Becker to Planning Commission member Gregg Hannah. Please NOTE the notations I made in • the margins. Neighbors are notified when items , come up for action. We make copies of all envelopes after they are addressed and stamped � whenever we send out notices (enclosed are copies of addressed envelopes when neighbors were notified) . � Planning Commission r4eeting - August l, 1977 � Present were Jack Rhode , his builder and architect, � and the neighbors, Mr. & D�rs. Becker. P�r. Rhode • has officially withdrawn his guest house application. `'or,unission discussed the variances required and �, ,�he different ways of interpreting the "average distance" lakeshore setback requirement. Mr. � Becker presented his arguments against the proposal. • Recommended approval of the revised proposal for • the location of the house, the use of the existing building for storage only, and a non-impervious � driveway. � Council Meeting - August 8, 1977 � Present were: Mr. Jack Rhode, Mr. Rhode' s attorney James Swenson, Mr. Rhode Designer Bob Peterson, � Mr. & Mrs. Lauer, Mr. & P4rs. Becker and D'ir. Becker' s � attorney Fred Rosenblatt. � Mr. Fred Rosenblatt, Mr. Becker' s attorney, stated that he would like to have the request of Mr. Rhode � tabled until he has more time to review the facts, since he had just been retained by P4r. Becker. • Mr. P4uhich stated that he would like to have a � decision by the Council because this has been • considered since last October. � (Continued) � � � � ' • REGULAR MEETING OF TfiE ORONO COUNCIL, AUGUST 8, 1977 Page 11 � The City Council studied the plans for the location VARIANCE of the house on the lot making various suggestions. 1410 Bohn ' s Point Road �r. Rhode explained that the location of the house (Continued) as planned considering the shape of the lot, plus � the location of the Lauer and Becker houses. � Mr. Rosenblatt, Mr. Becker' s attorney, requested � again that he would like to have the request tabled until he studies the facts further with � his client, Mr. Becker. � Acting Mayor Butler stated that since the request � has been before the Council since last October, and the applicant supplied several different changes, � the only questions concerning her are where the house will be and whether the existing building • stands of falls. It is a lot of record, sewer is in and a variance has been granted for lot size. • � Mr. Bob Peterson, Mr. Rhode' s designer, explained, using the blackboard, the position of the Becker � and Lauer houses in relation to the proposed � house of Mr. Rhode. The Rhode house has been planned so that it looks like it has been built � into the hill. � Tfter considerable discussion, � Butler moved, to grant a v ariance to the average setback line as shown on the revised proposed � building location, provided the existing structure � is removed before the building perMit is issued, and granting a variance to lot size in area and � width. � Mr. Bruce Malkerson - Finding of Facts to be included in the motion: � � The variances are granted for the following reasons: � l. Sight lines of the adjacent properties are � not impaired. ' � 2. That the Lauers object to the moving of the house any further to the rear lot line because � of the lack of privacy caused by the variance � to the setback provisions. � 3. That it is in conformance with legislative intent of Section 34 . 201. s � � That the irregularities of the shoreline require granting a variance. (Continued) � � � � � i � � REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 8, 1977 Page 12 � 5. The past granting of a variance for lot size. VARIANCE 1410 Bohn' s Point Road �. Lauers have built their house in such a way, far (Continued) • back from the lake, that if the sight lines were applied literally, there would be an � unreasonable restriction of the property. � 7. That there is no adverse effect to surrounding properties by granting of the variances. � 8. That the variance be granted because of the � existence of the sanitary sewer. � 9. No windows on that side of Becker' s house. � 10. Planning Commission recommended approval. • 11. Lot to be staked and inspected prior to any � excavation or construction. , 12 . Variance provides for balancing of all interests. � 13. Proposed design fits location of contours of land. � 14. The existing contours force this location. � • 15. Directed the City Attorney to draft a resolution for the next Council meeting for approval at that . time. �Mr. Bob Peterson stated that the design of the house was laid out to fit the existing contours of the �property, including Mr. Becker' s land, the heights and the elevation of the property. It' s damaging � to go too far back and do too much changing on the �general layout. - .Mr. Lauer stated that there were several private access easements over the lot. �Bruce P4alkerson stated that the City should investigate � the extent of the easements and the validity of the easements. Bruce Malkerson also noted that the ease- �ments may be invalid and that by having granted so many easements over the lot, the developer may, in fact, +have created an outlot for dock use only. Moreover, � the house may have to be set back from the easements. �A discussion was held regarding docks and easement to them. �Acting Mayor Butler withdrew her previous motion. � aurus moved, Butler seconded, to table the issue ��arding easements and docks for further investigation by staff. Motion, Ayes (3) - Nays (0).. • � • ! � REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 8, 1977 Page 13 Butler moved, Pesek seconded, to table at the SUBDIVISION request of the applicant, the subdivision of 1200 Old Crystal Bay Rd. �.5 East Grant Corp. , 1200 Old Crystal Bay Road 2640 North Shore Drive � and Sheldon Jacobs, 2640 North Shore Drive. #261 Motion, Ayes (3) - Nays (0) . � � f� Henry Muhich, Building & Zoning Administrator, SUBDIVISION read into the record the following request of 200 Willow Drive South � Donald Scott, 200 Willow Drive South, for a #270 . subdivision, 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 propert� is 19. 88 acres and each • proposed lot would exceed the minimum two acre, * 200 ft. width requirements. Approval would be subject to a park dedication fee of l4� of � the land value or a minimum of $1, 500 for the six lots. r � Copies of this have been sent to the City � Engineer and Road Supervisor for their comments on drainage and access. A public hearing has ` been scheduled for June 20, 1977. � Planning Commission Meeting - June 20, 1977 � Public hearing with applicants present. Planning w Commission and applicant received copy of 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. � Council Meeting - June 27, 1977 r Approved preliminary plat subject to Planning Commission conditions. � . Staff - August 5, 1977 � Mr. Scott wishes to begin construction of his new home on proposed Lot 5. The proposed � location exceeds all minimum zoning requirements and a septic system design has been approved by � staff. Because no other building presently + exists on the entire undivided parcel, my recommendation is to allow this one permit while • the plat is in preparation. (Continued) � � � � � ' � REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 8, 1977 Page 14 Council Meeting - August 8, 1977 SUBDIVISION 200 Willow Drive South � Paurus moved, Butler seconded, to approve a (Continued) • building permit for ponald Scott, 200 Willow Drive South, as per staff report, and to treat � the property as one building site only, until final plat is approved and recorded. Motion, � Ayes (3) - Nays (0) . � Henry Muhich, Building & Zor.ing Administrator, SUBDIVISION � read into the record the following request of 2325 Watertown Road • Kelley & Kelley, Inc. , 2325 Watertown Road, #285 dated July 13, 1977, which states: Kelley & Kelley, Inc. � Applicant is proposing a three parcel division � of the acreage on Willow Drive and Watertown Road. Parcel 1 is on the corner and has � 2. 53 dry acres. Parcel 2 would include the � existing greenhouse building and grounds and has 5. 13 dry acres. Parcel 3 includes the remainder � of the property, 23. 64 acres, of which some area in the southeast corner is designated marsh- � land on our wetlands maps. This is not indicated on the preliminary plat survey. � A A public hearing has been scheduled for August l, 1977 at 7 : 30 P.M. � Planning Commission Meeting - August 1, 1977 � Discussed the proposal as submitted and the � probability of future development on the large parcel (#3) . Discussed access alternatives and � the desireability of one access directly from � Watertown Road. Applicant says that this was not shown because it would interfere with the green- • house operations and septic system installation. � Recommended preliminary approval subject to park dedication fee being paid. � Council Meeting - August 8, 1977 � Pesek moved, Butler seconded, to appr�ve the 1� preliminary subdivision for Kelley & Kelley, Inc. , 2325 Watertown Road, subject to a 50 ' easement � for a private road and utility easement along the i east property line of Parcel 2, with an underlying public easement to the City; conservation easement � over marshland designated by the Hennepin County Conservation District as wetlands, park dedication � fee of $750 being paid, with title opinion aaid �tility easements along all existing roads. P�otion, Ayes (3) - Nays (0) . � � i � . w REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 8, 1977 Page 15 � Henry Muhich, Building & Zoning Administrator, CONDITIONAL USE PERMIT read into the record the following request of 4300 North Shore Drive �heodore Metz, 4300 North Shore Drive, for #286 conditional use permit for filling, dated Theodore Metz � July 13, 1977, which states: � Applicant is requesting a conditional use permit � and variance to 31. 700 and 34. 202 for purposes of restoring his original shoreline by filling of an � existing dredged mooring. The area has filled in over the years so that it is no longer under � water, but is instead, weed infested and hard to • maintain. The area was obviously man-made and has naturally filled to the existing state. ` It appears that a continuation of the stone riprapping would be easily accomplished and that � filling and sodding behind it could then be done with little worry about siltation. � ` Planning Commission Meeting - August l, 1977 • Expressed concern about authorizing any filling in the lakeshore area, but felt that this situation � was unique in that it is a restoration of a natural situation rather than creation of any- � thing new. Recommended approval subject to applicant riprapping shoreline prior to any � �illing and that the City Engineer approve the • _cceptable types of fill. � Staff - August 4 , 1977 � Discussion with Greg Frank, City Engineer, indicates that most any clean fill material would • be satisfactory provided it is properly placed . and is not too granular (i.e. clay soil is better than sand) . Council r•ieeting - August 8, 1977 � Butler moved, Pesek seconded, to approve the � request of Theodore Metz, 4300 North Shore Drive, for a variance to the moratorium Ordinance No. 192 � and a conditional use permit and variance under ` Ordinance No. 125 for filling, subject to the . Engineer' s report of August 4 , 1977, and per Planning Commission minutes of August 1, 1977. � Motion, Ayes (3) - Nays (0) . � � � � � � � � � REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 8 , 1977 Page 16 � Alan Olson, Assistant Building & Zoning Adminis- 1977 MARINA LICENSES trator, read into the record the status of the �' 1977 marina licenses, dated August 4 , 1977, which t states: � � 'Ihe resolutions prepared for year 1977 have all been written to lirait licensed • slip density to that approved during the 1975 and 1976 seasons. ! A. RESOLlTTIONS SIGTIED BY OPERATOR - Reconmend Cotmcil Appraval + 1. North Shore Union '76, Arthur G�mderson: 3 terr��orary slips, dock length increas ed to 130 ft. Completion of lands caping shown on � 1975 E�ibit A by July 1, 1978. � B. RESOLUTI(IVS NOT YET REIUWIFED BY OPERA�R � 1. Paul's Landing - Paul Fahlin: 112 slips ma�ci_rrn.m► (applied for 126) . � ��quires re�uction of existing tmauthorized slips and bouys and prohibits use of residential property for corrrnercial storage. • 2. Mi�etonka Boat Works - John Palmer: 66 slips. Adds 6 new trees for � screening o ui ing and Itunber storage areas. + 3. Winc�ard Marine - Jarr►es: 119 slips irraacirm�n (applied for 120 + 40 oai land) � equires new green area alang building in front of remodeled house. Hardcover removal required for house variance has been co�leted. • 4. Stubbs Bay rSarina - James McCleary: 63 slips (reduction of 3 froin last � year due to—�ced dock use area) . Requires ccm�pletion of landscaping � prior to occupancy of new structure. No peTmit issued for building yet - - �aaiting certified plarLs. - • C. RFSOLUTIONS TO BE DRAFI� • 1. North Shore Drive Marina - Larry Hork: 150 boats wet/dry ma�ciumm; land- � scaping, drainage conditions, etc. all per stipulatioal. � 2. North Star Marina - Ray and Paul Kerr�f: 95 slips ma�cuman (disallaw requested 3 o�n Crystal Bay) - reduce dock length to 200 feet; other requirements as Coumcil may negotiate. � 3. Gavle's Marina - Gayle Wittig: 134 slips ma�am�n. Reduce dock length to � ' 200 ft. Provide healthy planting of size adequate for screening. � � Paurus moved, Butler seconded, to adopt Resolution RESOLUTION #812 � #312 , A Resolution Directing Staff To Issue A North Shore Union 76 License To North Shore Union 76 For A Commercial Dock License ` Boat Dock Business For The Time Period From January 1, 1977 , to December 31, 1977, For The � Purposes As Set Forth Herein And Subject To The Conditions Set Forth Herein. Motion, Ayes (3) - Nays (0) . (Continued) a ' � � � ' REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 8, 1977 Page 17 � • Paurus moved, Butler seconded, to adopt Resolution RESOLUTION #813 #813, A Resolution Directing Staff To Issue A Paul ' s Landing License �License To Paul' s Landing For A Commercial Boat ock Business For The Time Period From January l, 1977 , To December 31, 1977, For The Purposes As Set Forth Herein And Subject To The Conditions � Set Forth Herein. P�otion, Ayes (3) - Nays (0) . � f w Pesek r�r�ved, Paurus seconded, to adopt Resolution RESOLUTION #814 ! ;�814 , A Resolution Directing Staff To Issue A Minnetonka Boat Works License To Minnetonka Boat Works For A Commercial License + Boat Dock Business For The Time Period From January l, 1977, To December 31, 1977, For The Purposes As Set Forth Herein And Subject To The Conditions Set Forth Herein. Motion, Ayes (3) - � Nays (0) , � • Paurus moved, Pesek seconded, to adopt Resolution RESOLUTION �815 �815, A Resolution Directing Staff To Issue A Windward Marine License + License To Windward Marin� For A Commercial Boat Dock Business For The Time Period From January l, � 1977 To December 31, 1977, For The Purposes As Set Forth Herein And Subject To The Conditions � Set Forth Herein, subject to applicant signing • resolution with 119 slips maximum and the green area in front of the house be finished in a � reasonable period of time. Motion, Ayes (3) - Nays (0) . f r Butler moved, Pesek seconded, to adopt Resolution RESOLUTION #816 �816 , A Resolution Directing Staff To Issue A Stubb' s Bay Marina � License To Stubb' s Bay Marina For A Commercial License • Bo�t Dock Business For The Time Period From January 1, 1977, to December 31, 1977, For The • Purposes As Set Forth Herein And Subject To The Conditions Set Forth Herein, subject to completing � landscaping prior to construction of building, and applicant signing resolution. Motion, Ayes (3) - � Nays (0) . � • Henry Muhich, Building & Zoning Administrator, CONDITIONAL USE PERMIT read into the record the following request of 2120 Wayzata Boulevard � William Wear, 2120 Wayzata Boulevard, for a #291 conditional use permit, dated July 12, 1977, William Wear � which states: ' � Council Meeting - July 11, 1977 �Mr. Wear presented a letter requesting approval � to use existing building for retail auto tire sales and service. Council determined a conditional � (Continued) � i � � REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 8, 1977 Page 18 � use permit would be required. Suggested CONDITIONAL USE PERMIT applicant file application for conditional 2120 Wayzata Boulevard use permit and submit necessary data with (Continued) t application. Follow regular procedures (Planning Commission and Council) . � Planning Commission - July 18, 1977 � Mr. Wear was present. Requested early consider- �' ation. Planning Commission deferred action until they might make a site review. r • Staff - July 20, 1977 � Mr. Wear' s property consists of two parcels. One of these contains the unfinished commercial � building and gas station operation for which he previously obtained a aonditional use permit. � The second parcel contains the structure from • which Mr. Wear is considering auto service and repair and tire sales subject to obtaining a � second conditional use permit. He feels the operation would provide a facility for auto � servicing which would relate with the current gas services on the adjoining lot. He has not � as yet submitted a list of owners within 300 ft. of the subject property. � � Staff - July 27, 1977 Received the certified list of property � owners from Mrs. Wear. � Planning Commission Meeting - August 1, 1977 Discussed this proposed use as an allowed • industrial use, but a conditional B-1 use. Mr. Wear advised Commission that his intention � is that this be a temporary use of the property and that his lease will not have use of the land � to the rear of the building (abutting the neighbors) . � Recommended approval of a one year conditional � use permit (renewal upon application) subject . to the acti~vity being confined wholly within the building. � Council l�ieeting - August 8, 1977 � • Butler moved, Paurus seconded, to approve the conditional use permit for William t�ear, 2120 , Wayzata Boulevard, per the Planning Commission minutes of August l, 1977. Motion, Ayes (3) - � Nays (0) . � � � � , REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 8, 1977 Page 19 Messrs. Lee and Richard Primus were present PROPOSED SKI ORDINANCE concerning the proposed Ski Ordinance revision discussion. Mr. Lee Primus stated that he did not �hink it was up to them to write Orono' s Ski S Ordinance. The City Council informed them that it would help eliminate some problems if they would make suggestions concerning the revision of the Ordinance. � � Discussion was held concerning the status of the Ski Tonka special use permit which was approved � two years ago subject to Ski Tonka' s submitting additional information for Council review. � The City Attorney stated that since Ski Tonka never submitted the additional material, the . tentative approval of a conditional use permit on Phase II of the ski operation had been withdrawn , by the City Council as had been indicated to their prior Attorney, Jeff Bonner. The City Council agreed that there was no application for a conditional use permit for Phase II before the City and that the Primuses should submit one. � The City Attorney suggested that if the Primuses � wished to make any additional comments later on the ordinance, they should submit them in writing � for review. �aurus moved, Butler seconded, to hold a public PUBLIC HEARING DATE hearing Monday, September 12, 1977 at 7: 00 P.M. Ski Ordinance to consider an amendment to the Orono Ski Ordinance. • Motion, Ayes (3) - Nays (0) . P�Lr. Greg Frank, City Engineer, read the following DUAL SEPTIC SYSTEMS • letter into the record concerning septic systems, dated July 26 , 1977, which states: � As requ�:sted by the Council, we have researched � available literature to determine the sources and amounts of residential water usage. Table I summarizes the data in the form of percent of total residential water usage. To convert to � gallons, we recommend that a flow of 250 to 300 • gallons per day per household of three people be used. Each additional household member � should require an additional 50 to 75 gallons per day. � We have �alked to several pliunbers to obtain cost � estimates for providing a dual plumbing system, one waste system for toilet and kitchen wastes and a second system for all other wastes. For a typical � four bedroom household, we have been told that a single waste plumbing system would cost roughly $3,500-$4 ,500. An additional $600 to $1, 500 � would be associated with having to provide two • plumbing systems in a new home. This would apply only for interior plur,tbing. (Continued) _ End of letter REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 8, 1977 Page 20 . DUAL SEPTIC SYSTEMS (Continued) � � � TABLE 1 Residential Water Use - Per Cent � Total Use Share � Type of Water Use USG Baile Average Shower and Bath 37 30 34 i Toilet 41 45 43 Kitchen 6 6 6 Laundry 4 4 4 � Cleaning 3 3 3 Drinking 5 5 5 � Car VPash . 1 1 1 Lawn Sprinkling 3 3 3 � I�iiscellaneous 0 3 1 TOTAL 100 100 100 � 1 . Murray, C. R, and Reeves, E. B. Estimated Use of Water in the United States in 1970. Circular 676 , USGS, Washington, D.C. (1972) � 2. Bailey, J. R. et . al . A Study of Flow Reduction and Treatment of Wastewater from Households. General Dynamics . Electric Boat Div. , Groton , �Conn. (1969) . � � Mr. Greg Frank, City Engineer, read into the SEWER & WATER ASSESSMENTS record his letter of July 26 , 1977, regarding 2675 Shadywood Road • sewer and water assessments for Richard Breustedt, Richard Bruestedt 2675 Shadywood, which states: � As requested, we have reviewed the sewer and � water assessments on the subject lot. The property was originally assessed for one water unit, and the sewer was assessed on a front �oot basis. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 8 , 1977 Page 21 The sewer and water presently serve the one lot SEWER & WATER ASSESSMENTS � in the division that does not front on County (Continued) Road #19. Both sewer and water will have to be extended from the mains on County Road #19 to Lot A, in order to serve Lot A. The water service to Lot A will have to be jacked under County Road #19 as well. We feel that a reasonable assessment for Lot A, � assuming that Lot B has already been assessed, would be as follows: Water Assessment: $580. 00 connection fee. (We feel that no credit against this $580. 00 assess- ment is appropriate since if the City had originally provided Lot A with a water service, a footage assessment of $5. 80 per foot would have been assessed. However, the City is not proposing a footage assessment. The $580 . 00 unit connection fee for water is essentially � an assessment for the water treatment facilities, i� water well, and elevated storage tank. ) � Sewer Assessment: We would recommend that Lot A be charged a connection fee of $3, 859. 05 for 1 sewer which is based on current assessments with a credit against this assessment equal to the ^ost of extending the sewer service from County �oad #19 to the lot line of Lot A. We believe the City has used this same policy in the past. End of letter Council Meeting - August 8, 1977 Butler moved, Pesek seconded, to approve the � a sewer and water assessments for Richard Bruestedt, 2675 Shadywood Road, per the recom- m��dation of Mr. Greg Frank, City Engineer. � Motion, Ayes (3) - Nays (0) . I Mr. Greg Frank, City Engineer, reported to the VACATION #51 AT NORTH ! City Council the following information concerning STAR MARINA the vacation of C.S.A.H. No. 51 adjoining North Star Marina, dated August 8, 1977, which states: � As requested, we have reviewed the proposed vacation of C.S.A.H. No. 51 in front of North Star Marina. The actual road surface of C.S.A.H. No. 51 is not centered in the right-of-way, but is offset to the south and southwest. Hennepin , County does not need any right-of-way beyond a �0 foot distance from the centerline of the isting road surface, and, therefore, is willing to abandon any property over 50 feet north and northeast of the centerline. The action that initiated the County' s consideration of an abandonment is that North Star Marina requested it in conjunction with their proposed curb-cut. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 8, 1977 Page 22 In physical terms, the area to be abandoned VACATION #51 AT NORTH consists of a strip of land in front of North STAR MARINA �ar Marina with a length of roughly 280 feet (Continued) d a width ranging from 0 to 17 feet. In my opinion, the area would be an asset to North Star P4arina' s proposed curb-cut by providing.-them with a greater depth in front of their building. Currently, they have vehicles parking on County right-of-way, which is illegal. However, Orono may also have some interests in , the area to be vacated. End of letter Council Meeting - August 8, 1977 The I�ennepin County vacation of C.S.A.H. No. 51, '� ajoining North Star Marina, was deferred until the meeting of August 22, 1977. Acting Mayor Butler announced a meeting of the TASK FORCE - METRO Task Force on Metropolitan Affairs, August 24 , AFFAIRS r1EETING 1977 at 7: 30 P.P4. "'�sek moved, Paurus seconded, to approve the SEWAGE DISPOSAL LICENSE wage Disposal License for Zacher Construction, Zacher Construction, Inc. Inc. , subject to correcting all deficiencies in the footings, septic system and drainfield on the Larry McGrath construction site at 3060 Farview Lane. Dsotion, Ayes (3) - Nays (0) . Paurus moved, Pesek seconded, to extend the AMEND RESOLUTION #747 � filing date for the North Arm Estates Third North Arm Estates Addition, Resolution #747, to November 8, 1977. Third Addition Motion, Ayes (3) - Nays (0) . Henry Muhich, Building & Zoning Administrator, STATUS REPORT informed the City Council that the following items were being reviewed by the Planning Commission for action at a later date: Home Federal Savings & Loan Association, 493 Park Lane, variance; Robert F. White, 320 Woodhill Road, variance; William Stewart, 140 Leaf Street, variance; William Martin, 2380 Watertown Road, conditional use permit; Hamilton P7oran,2965 Casco Point Road, subdivision; Lucian Strong, 1860 Fox Street, subdivision; Stubb' s Bay r4arina, dredging �rmit. � � � � . REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 8, 1977 Page 23 Acting Mayor Butler announced a meeting with the METRO COUNCIL MEETING Metropolitan Council at Briarwood Restaurant, Briarwood August 24 , 1977 at 12 : 00 noon. Acting Mayor Butler announced a Council and Planning WORK SESSION Commission work session on August 18, 1977 at August 18, 1977 7: 00 P.M. to discuss platting ordinance and riparian rights. � Acting Mayor Butler announced the �ublic hearing PUBLIC HEARING DATE meeting August 22 , 1977 at 7: 00 P.M, concerning August 22 , 1977 the fee schedule. The Boulder Bridge Farm proposal was deferred BOULDER BRIDGE FARM until a later date. � A memo from Dick Benson, City Administrator, was PUBLIC WORKS DEPARTMENT presented to the City Council concerning the Public Works Department, dated August 1, 1977, which states: August 20, 1974, the City Council appointed the Director of Public Works to the position of City f Administrator. At that time, it was recommended by myself and supported by the City Council to '�_vide the responsibilities of the Director of �blic Works between two individuals who would each share the work load of the Public Works Department as Public Works Supervisors. It was my recommendation, at that time, to keep in mind that this was a temporary arrangement which would require adjustments. As time passed, realizing that to fully coordinate the Public a Works Department, as was accomplished in 1967 , the department would have to have one, not two, coordinators. During the past four weeks, it has become evident that the Public Works Department has to be re- structured to maintain the spirit of cooperation s that sustains the efficiency and productivity desired. On July 25, 1977, after much deliberation and many meetings, I appointed Mr. John Gerhardson �to the position of Public Works Coordinator. His responsibilities shall be all departments within the Public Works Department: streets, parks, golf course, elections, sewer, water, government �uildings and any other functions that require s people to respond to. He will be soley responsible to the City Administrator. , (Continued) � , �REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 8 , 1977 Page 24 �On July 25, 1977, I appointed Mr. Bill Carlson PUBLIC WORKS DEPARTMENT !to the position of Utility Foreman. His re- (Continued) onbilities are sewer and water and he will be -sponsible to the Public Works Coordinator. �__ �On July 25, 1977, Mr. James Gregory was trans- ferred to the Street Department as a L.E.O. �There has been other shifting of responsibilities within the Street Department to allow the Street r Foreman to make decisions on a day by day basis �permitting Mr. Gerhardson more time at the top rather than spinning his wheels with the obvious. �Needless to say, there have been problems within the Public Works Department that required immediate �attention to assure everyone that they understand their position and responsibilities, their promotions �and demotions and what is expected of them in •order to fully implement this change. �The two Public Works Foremen will be assigned the following responsibilities within the Public �Works Department: Mr. Bill Carlson, sewer and water and other functions when required; Mr. Jim •Dillman, streets, parks and other functions, when required; each specifically supervising and �coordinating the work of a crew, maintaining �records of time, materials, and equipment used, ich is part of a total cost accounting system. � . . Gerhardson will be responbible for overall supervision, particularly coordinating all �departments within the Public Works delegating specific assignments to each foreman to increase •the efficiency of their units. �The two Public Works Supervisors were each �salaried at $1,560. 32 per month, or $18, 723. 84 per year. aI recommend an adjustment of Mr. Gerhardson ' s �salary to $1, 666. 00 per month, or $19 , 992 . 00 per year, effective July 25, 1977, as Public �Works Coordinator. � I recommend an adjustment of Mr. Bill Carlson' s �salary from $1, 560. 32 per month, or 518, 723. 84 per year to $1, 346. 44 per month, or $16, 157. 28 �per year as Public Works Foreman, effective July 25, 1977. a I recommend an adjustment of Mr. Jim Dillman' s �salary from $1,246. 44 per month, or $14, 957. 28 •per year, to $1, 346. 44 per month, or $16 , 157. 28 �r year, as Public Works Foreman, effective gust 8, 1977. � (Continued) � i � , . �REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 8, 1977 Page 25 �I recommend an adjustment of Mr. Kenneth Schmitz ' s PUBLIC WORKS DEPARTMENT salary from $1, 121. 47 per month, or, $13,457. 60 (Continued) � r year, to, $1, 222 . 00 per month, or, $14 , 664. 00 � r year, as H.E.O. , effective August 8, 1977. �Total cost to the City this year over and above � current salaries is $462 . 35. � � � i These changes are all subject to a six month � �probationary period with normal reviews during j •that period. �Ir. James Gregory' s salary adjustment this time � from $6. 34 per hour to $6. 00 per hour, effective `7uly 25, 1977, with a salary review in three months and performance review in six months. � :ouncil Meeting - August 8, 1977 »Pesek moved, Paurus seconded, to approve the reconstruction of the Public Works Department �,3nd salary adjustments per the City Administrator' s memo dated August l, 1977. Motion, Ayes (3) - �1ays (0) . � �The City Council accepted the Year III Block BLOCK GRANT �nt Application. Year III � J �,The City Council accepted the Summary of Receipts , JUNE 1977 REPORT Disbursements, and Balances for June, 1977. • �rhe City Council accepted the Summary of Receipts, SIX MONTH REPORT Disbursements, and Balances for the six months �ended June 30, 1977. � �fI'he follocaing memo was presented to the City Council TRANSFER from Tom Kuehr� Finance Director, dated August 8, �1977, regarding a transfer of liquor funds, which states: � It is recommended that a transfer of funds be made �in the amount of $15,000 from the Liquor Store �Fund to the General Fund as per the 1977 Budget Revenue Source. Total transfers from the Liquor �6tore Fund to the General Fund will then be $25, 000 to date with an additional $10, 000 �scheduled to be transferred later this year. �C uncil Meeting - August 8, 1977 � f Butler moved, Paurus seconded, to approve the �transfer of $15,000 from the Liquor Store Fund to the General Fund. Motion, Ayes (3) - Nays (0) . � • � ' - � REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 8, 1977 Page 26 � The following memo was presented to the City FEDERAL REVENUE SHARING ! Council concerning requirements for Revenue ,haring Funds, dated August 8, 1977, which states : � There have been several changes in the procedural � requirements regarding the budgeting of Revenue � Sharing Funds. This year, the City must hold � at least two public hearings. A The first hearing (Proposed Use Hearing) is for the purpose of obtaining citizen comments on how � they think the Revenue Sharing money should be � spent. The notice of this Proposed Use Hearing mizst be published at least ten days prior to the ` date of the hearing and must indicate the time and place of the hearing, the subject (s) to be • discussed, and the right of the citizens to � • submit written and/or oral comments. � The second hearing (Budget Hearing) is for the purpose of obtaining citizen comments and questions � concerning the entire budget and the relationship of Revenue Sharing Funds to that budget. The � Budget Hearing cannot be held sooner than seven days after the Proposed Use Hearing and notice • of the Budget Hearing must be published at least • ten days prior to the hearing. The notice must �ndicate the time and place of the hearing, the oposed uses of the Revenue Sharing Funds , and a summary of the entire proposed budget. This � material must also be available for public inspection at the City offices. A Within 30 days after adoption of the budget, a � summary of the adopted budget showing the intended use of Revenue Sharing Funds must be available � for public inspection and notice of its availability � must be published. r It is recommended that Council set dates for the public hearings at this time, mindful of the fact • that they must preceed the deadline for certification • of the tax levy, which is October 11, 1977. � It is recommended that the Proposed Use Hearing be held at 7: 00 P.M, at the Council Chambers on � Wednesday, August 24, 1977. A recommendation for the Budget Hearing date will be made in the near � future. � (Continued) � � � r � � ' " • REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 8, 1977 Page 27 � Over the past several years, the City has used FEDER.AL REVENUE SHARING the majority of Revenue Sharing Funds to acquire (Continued) ! ^.apital equipment and machinery, although some monies have been expended for operations and � maintenance. � Prior to the Proposed Use Hearing, staff will � develop proposed uses consistent with established past uses and will present these to Council for consideration. • Council Meeting - August 8, 1977 + Butler moved, Paurus seconded, to schedule the PUBLIC HEARING DATE � public hearing for Revenue Sharing Funds on Revenue Sharing Monday, August 22 , 1977 at 7: 15 P.M, instead August 22, 1977 � of the proposed date of Wednesday, August 24 , 1977 at 7: 00 P.M. Motion, Ayes (3) - Nays (0) . � � The following memo was presented to the City 1978 BUDGET � Council concerning the 1978 budget,dated August 8, 1977, which states : � The preliminary budget has been tabulated and, � at this point, the expenditure requests exceed the revenue estimates by $71,930. Staff will do � all that it can to eliminate this deficit. �ssuming, however, that the budget cannot be cut to that extent, there is an alternative � available to the City. �, The State Legislature has made an important change concerning the adjustment of the levy r limit based by a reverse referendum, which may be used in 1977 or 1978 to increase the levy � limit base up to ten percent without a penalty. . This adjustment may be instituted if the City levied at least 98% of its total limited levy � amount in the preceding levy year, which we did. The procedure then is as follows : � l. The City determines amount of additional � levy and passes resolution. 2. Notice of public hearing must be published � along with resolution for at least four weeks. � 3. Hold public hearing not sooner than four weeks after first publication and determine which of ` the following action is to be taken. � a. No action b. Adopt resolution approving levy in a lesser • amount. � c. Adopt resolution approving levy as originally approved. (Continued) � + � � , , . � REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 8, 1977 Page 28 � 4. If resolution is passed, it must be published. 1978 BUDGET 5o Wait 30 days for petition (must be signed by (Continued) � the lesser of 2 , 000 voters or 5� of the votes • cast in the last general election) . 6. If no petition is received, the resolution , becomes final. If a petition is received, the resolution becomes null and void this � year due to the fact that a referendum election must be held before October 1 and � the deadline for receiving the petition would be after October l. • � If no petition is received, the passage of the resolution has the effect of increasing the levy � limit base permanently with no reduction in the distribution of State Aids to the City. � If we are to take advantage of this procedure, � it must be started now due to certain time limits • stipulated by the State law. Council can stop procedure process at any time after it is started � and if it passes, Council is not bound to implement the additional levy. � Council Meeting - August 8, 1977 � Pesek moved, Butler seconded, to hold a public PUBLIC HEARING DATE � hearing concerning a resolution to increase the Levy Limit � 1977/1978 levy limit by ten percent on Wednesday, September 7, 1977 September 7, 1977 at 7 : 00 P.M. Motion, Ayes (3) - � Nays (0) . • Pesek moved, Butler seconded, to adopt Resolution RESOLUTION #817 • #817, A Resolution To Increase The 1977-78 Levy 1978 Levy Limitation Limit Base By Ten Percent Pursuant To Minnesota � State Laws, 1977, Chapter 423, Article 5, Section 6. Motion, Ayes (3) - Nays (0) . � � Mr. Bruce Malkerson, City Attorney, stated that TAX FORFEIT PROPERTY he will be in contact with Mr. Jim Bloemendal Luce Line Trail � and Mr. Otto Christensen of the Department of Natural Resources concerning the tax forfeit � property at Stubb' s Bay Road (Plat 41440 , . Parcel 5400) , at the Luce Line Trail. � Mr. Bruce Malkerson, City Attorney, stated that MUNICIPAL CODE � a resolution to amend the Municipal Code will be presented to the City Council at the meeting � of August 22 , 1977. � � � � � / � � REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 8, 1977 Page 29 � Paurus moved, Butler seconded, that the following LICENSES licenses, be approved: Motion, Ayes (3) - Nays (0) . Drillco - Well Driller Voight House Movers � f Paurus moved, Butler seconded, that the Al1 Funds BILLS � Accounts 19565 through 19567, 1225 through 1271, 5634 through 5679 and Liquor Store Accounts � 12042 through 12072 , be paid. Motion, Ayes (3) - Nays (0) . � � A shor� Executive Session was held concerning the EXECUTIVE SESSION � status of the North Star Marina litigation. � Butler moved, Paurus seconded, that the meeting ADJOURNMENT � be adjourned at 11: 30 P.M. Motion, Ayes (3) - Nays (0) . � � i� � n �, � �,�` � '� � � l � � '� � � Acting Mayt�� Mary C. Butler� � � �� � Attest: Walter R Benson, Clerk-Administrator • � � S � � � � � � � � � �