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Home My WebLink About09-12-1977 Council Minutes . y t � CITY OF ORONO � Regular P�Zeeting of the Orono Council, 7 : 00 P.M. September 12 , 1977 � 'rlZe Orono Council r.let on the above date with � the following r,ler:lbers : P4ayor Van Nest, Council- • rner;lbers Butler and Pesek. Rsbent: Councilmembers PZassengale and Paurus. Also present: City � 1ldministrator Benson, l�ssistant F3uilding & Zoning Adrninistrator Olson, <�nd City l�t�orn�y P1�31ker_son. � r I4ayor Van P1est a-�nounced that this was the tii�e and PUt3LIC HEI�R�LNG • place for the public liearing concerning an amendment Ski Ordinance to t.he Ski Ordinance. City Adrninistrator Dick Benson � presented the rlotice of Public Hearing, the I�ffidavit of Publication, and the Certificate of Mailing. � P4ayor Van Nest asked if any one pres�nt wished to be heard. There c��ere no comments from the aud.ience. The Public Hearing was closed at 7 : 05 P,P-4. • Butler moved, Pesek seconded, that the Plinutes of P�It1UTES the Council ��Jork Session, August 18, 1977, be � appr_oved. Psotion, I1yes (3) - Nays (0) . r No cor;unents from the Park Commission. PARK COr7N1ISSION �No con��rnents from the Plaizning Coi,unissi_on. PLANtdING COPu�4ISSION � � Councilr.lember Paurus, Lake L�innetonka Conservation L.P�.C.D. REPORT District representative, was not present. ?Io , coi�?ments. �� Mr. Alan Olson, Assistant Building & Zoning SUBDIVISION - PRD � Administrator, entered into the record the following 3201 Navarre Lane • request of Crosstown Properties, Inc. for a PRD #266 subdivision located at 3201 Navarre Lane, dated Crosstown Properties � P4ay 11, 977, which states : � Crosstown Properties are requesting sketch plan review of a proposed PRD subdivision on 21 acres � of property located in P4innetonka Beach and Orono. • A model of the concept was presented to the Planning Corrunission at their April 4 , 1977 meeting. The � Orono portion of the proposal includes five separate lots clustered around one access drive off Navarre � Lane. The biinnetonka Beach portion includes 15 lots with accessfrom I��iinnetonka Beach. There are extensive � wetlands on the Orono land, but with the ��etlands credit and a cooperative agreement with t7innetonka Tc�ach, the proposed density would not exceed the �<�urrent zoning requirements . (Continued) � � � � I�}'��U1,%�R P9�j,1-,'lING OF TIIE OROIJO COUNCIL, SEPTFPIBER 12 , 1977 Page 2 ` Preliminary plat review will require submittal of SUBDIVISION - PRD c,ngineering drawings based upon the survey indicating 3201 Navarre Lane ��t location, setbacks , wetlands area, dry land (Continued) r_ca, sewer and �aater proposals, drainage, etc. This information should be available for the public • hr_�ariiig which has been schedu]_ed for June 6 , 1977 at 8 : 00 P .M. � P1ai111iizg Cornmission Pieeting - P9ay 16 , 1977 � Sandy Ritter, owner' s architect, was pr.esent to � discuss proposal with the Planning Cornmission. ` Iie was advis�d of materi.als and information required for proper analysis of the proposal, and he i_ndicated � that it would be irlpossible to have this to the City in tirie to hold the June 6, 1977 public heari_ng which � has, therefore,b�en postponed. He did indicate tliat the lots would be sold as building sites only; that they would be sold fee simple with common association ownership of open space; roads are to � be private; wetlands and open space are to have � conservation easements deeded to the City. Separate plats will be filed for each city. ` Staff - August 10 , 1977 � R��ceived copies of preliminary plat survey. The 3sic concept of the project has not changed f_rom �e earlier subr,iittals . Note the slopes indicated � on Lots l, 2, & 3 of Block 2 . The proposal for . Orono is a PRD with five lots on 8 . 3 dry acres in a one acre zone. A Conditions should include correct water and sewer � assessments, park dedication fees, and open space easements over Outlot I3. A public hearing has been � scheduled for September 6, 1977 at 7 : 30 P.r4. , Staff - August 16, 1977 Sewer interceptor and lateral has been assessed. � Sewer units of $225 each must be collected at the time of construction of each dwelling. Water has � been assessed to the amount of eleven commercial units. � � Planning Commission P�eeting - September 6, 1977 � Public I�earing. Discussed general layout as modified by the latest plan. The proposal includes five � Orono lots, each large enough to provide adequate setbacks within the proposed lines . The street c�t.hack should be measured from the project boundary/ �tr��et Low, and not from the individual lot line. (Continued) � � � � REGULIIR idEETING OF TIiE ORONO COUNCIL, SEPTEMBER 12 , 1977 Page 3 � `Phe road will be private with an access easement SUBDIVISION - PRD to the City. There will be conservation and flowage 3201 Navarr� Lane �asements across Outlots B & C. The areas listed (Continued) on the plan are noted to be 4 . 8 dry buildable, 3. 5 marsh and 3. 0 open water, leaving a density of � . 96 dry acres per unit in the one acre zone. Three persons from P�'Iinnetonka Beach spoke about their � concerns with the proposed multiple dock, but were informed that Orono had no jurisdiction and � r_ould not stipulate land use in another r;�unicipality. � They were advised to discuss their concerns with the I,I�9CD and with P4innetonka T3each. R�c<�nunended approval. � Couizcil �ieeting - Septeraber 12 , 1977 ` 1�1r. Sandy Ritter, architect representing Crosstown � Properties, Inc. , discussed the proposed project commenting that this proposal meets all of Orono' s � ioning regulations . Pesek moved, Butler seconded, to give preliminary approval noting that the minimum lot width providing for five lots do not have riparian rights to the lake and final approval subject to appropriate: � l . Conservation easements 2 Open space and flow easements Access easements �. Side and front yard setbacks � 5. 26 ' buffer zone � 6. 10 ' utility easement to serve property 7. SAC and unit charge, water & sewer charges � 8. Development contract. � Motion, Ayes (3) - Nays (0) . � • D4rs . Tracy Whitehead, Orono' s representative to W.H.H.S .P.B. the West I�ennepin Services Planning Board, REPRESENTATIVE introduced P1rs. Gloria Swanson, 1820 Lakeview Terrace, to the City Council recomr:lending her � appointment as Orono' s representative to the �vIiHSPB replacing r4rs. Doris Schroeder who has � i_ndicated her desire to resign for personal reasons. � P•7ayor Van Nest moved, Pesek seconded, to appoint APPOINTMEPIT r1rs. Gloria Swanson, 1820 Lakeview Terrace, to Gloria Swanson � the Laest Iiennepin Services Planning Board subject to P•Srs. Doris Schroeder' s resignation. isotion, Ayes (3) - Nays (0) . � , , i?1;(;UL11R f9ELTING OF `I'I�E ORONO COUNCIL, SEPTEP�I3ER 12 , 1977 Page 4 � i�1r, 111an Olson, _'lssistant Building & 7oning SUBDIVISION t'��3ministrator, ent�rcc� into the record the followi_n� 4660 Watertown Road �c�uest for a subdivision of Robert Harvey, Sr. , #297 660 �•7atertown Road, dated August 11, 1977, which Robert Harvey, Sr. states: The applicant is requesting subdivis.ion of his � property into two parcels , one at 5. 8 acres dry and the other at 9. 8 acres dry. Each parcel exceeds � the 300 ft. lot w.i.dth at the road for this f_ive- acre zoni_ng district. Applicant has been advised of the advantage for any future sPlit if the larc�er p�rcel were to be 10+ acres dry. 'rhere i_s an �xisting house on the east parcel. The west parcel � �,aou]_d r_equire a County access permit f_or any new dr_ iv��-�ay. � '['h�r_e <ire no wetlands involved except �or the actual � creek bed and, therefore, no access or open space c�asements. A park dedication fee would be the minimum $25� per lot or $500 total. A �ublic hearing has been schedul�d for September 6 , 1977 at 7 : 45 P.P4. pl ,�Iining Cormnis�ion P4eeting - Septerlber 6, 1977 � P��l�lic Hearing. Reviewed proposal as submitt�d, �]_uding point noted that the 5. 8/9 . 8 split fectively elir,linates any future split of the � eastern parcel under the current zoning. Noted that County access pernit would be required for any new access to the west parcel. Staff noted that our � request for the location of existing buildings has not been met and, therefore, we do not know the � extent of any setback variances which might be required. Planning Cornmission decided that a � flowage and conservation easement over the creek • should be required. Recommended approval subject to a conservation �asernent over the creek and a park dedication fee. � Also recommended that a variance be granted depending on the applicant' s verification of the location of � the existing buildings. Sta�f - September 8 , 1977 � Reccived survey with house and barn location. House requires 30 ft. variance from minimum 100 ft. required front setback. Barn requires 90 ft. variance � from r:liniinum 150 ft. setback for stable. Note that th� 60 ft. rieasured setback is 500 of the 120 ft. � �ltioned by the applicant' s agent at the public '�r_ing. Also understand from tlze agent that a � s�t�arate art is even now takin erc tests for P Y g P a new house to be located in the northeast corner of the western parcel. (Continued) � � IZF.GULAR I�II�L'i'ING OF `1'IiE OROr�O LOUNCIL, S�PTEMI33.R 12 , 1977 Page 5 ,� Council t7eeting - September 12 , 1977 SUBDIVISION 4G60 Watertown Road 13utler moved, Pesek seconded, to give preliminary (Continued) �pl�roval as per Planning Commission reconunendations of September 6, 1977, al]_owing variances for house �ind harn. P4otion, Ayes (3) - rdays (0) . t7r. Alan Olson, 11:�sist<�nt Building & 7oning SUBDIVISION � I�drl.inistrator, ent�r_ed into the record the following 275 Willow Dr_ive request of [ai_llir3m D. Levering, ?.75 [�illow Drive, '#?_23 for a subciivision, dated r'[arch 21, 1977 , which William D. Levering :.�tates : � Planning Coirunission reviewed revised plan. tlembers were concer_ned about the extent of Iiamel type soils on Lots 6, 7 & 8 (Hamel type soils do not support an on-site septic system) . � They suggested a combination of Lots 6 & 7 as one parcel to provide adequate area f_or a septic . system. There was also sorle quc�st.ion as to whether Lot 8 could support an on-site septic systerl. The Planning Cornmission determined the area of_ � r�l.ialifying soils was adequate, but the ]_ocation �.aas questionable. Lot 8 was approved as a separate parcel on the condition that no building permit be issued for the lot unti_1 plans f_or a septic systeri and replacernent were approved by the City Engineer. � Planning Comraission recomriended approval of the revised preliminary plat subject to the following: � l. Lots l, 2, 3, 4 & 5 as subr.litted. '� 2 . Approved Lot 8 as a separate parcel on the , condition that no building permit be issued until plans for a septic system and replace- rnent were approved by the City Engineer. 3. Combination of Lots 6 & 7 vaith the under- standing that this lot could be split at a future date provided the septic system r,let � the approval of the City Engineer. 4 . Appropriate park dedication fee. 5 . Underlying easer:lent on road and cul-de-sac • and extension of roadway beyond cul-de-sac. 6 . Utility easement on L�dillow and along private road. 7. Drainage easement and drainage plan as approved by City Engineer. Council Meeting - PZarch 28, 1977 Approved preliminary plat subject to Planning Comnission recor.unendations . (Continued) L � � RL•:GULAR P2EETING OF `l'IiE ORONO COUNCIL, S�PTEPIBER 12 , 1977 Page 6 e StafL- - August 26 , 1977 SUBDIVISION 275 �aillow Drive yReceived final plat drawings and City I�ttorney ' s (Continued) approval of the road and conservation/flowage easeraents. 1� copy of the preliminary plat is attached for your reference. You wi_11 note when you see tlZe final dr_awings that preliminary Lots 6 & 7 have been combined to becorne one new Lot 6. The park dedication fee would be � $?_50 per lot or $1, 750 for the seven lots. If Lot 6 is ev�r divided, th.is division wou_ld be subject to all requir_ernents then in effect including payr.leizt of an additional park fee. Planning Conunission P�eeting - September 6 , 1977 � Recor:lmended final approval subject to the approved ea�c�ments and i�o the park dedi_cation f��e being paid. Council P7eeti_ng - September 12, 1977 Pesek noved, Butler seconded, to adopt Resolution RESOI�U'1'ION #8?_0 tt820, A Resolut.ion Ilpproving Levering' s �9oodhaven. Levering ' s �aoodhaven I•4oi ion, Ayes (3) - Nays (0) . � I�7r. Alan Olson, Assistant Building & 7oning SUF3DIVISION - S`1'R�:ET 11u;�inistrator, reviewed with the City Council V71CA`I'ION the following requests for a subdivi.sion and 2965 Casco Point Road street vacation with reconunendations as follows : #289 Hamilton idoran Hamilton PZoran Subdivision (Preliminary) : Approval of the subdivision including all necessary variances for existing building setbacks, lot area and lot width, subject to a dedication � of land for a public street in the amount of 13 ft. , from the centerline of the existing travelled road. Recommended no park dedication fee due to both hor�les existing f_or many year_s . F�amilton P�oran Vacation: Vacation of all of "Central Avenue" (Casco Point Road) beyond 30 ft. from the center line of the existing travelled road. Stewart Perry Vacation: Vacation of all of "Central Avenue" (Casco Point Road) beyond 30 ft. from the centerline of the existing travelled road. Jarnes Hartzell Vacation: Vacation of all of "Central Avenue" (Casco Point Road) beyond 30 ft. � fror:t the centerl.ine of tlie exi_sting travell.ed _��oad. (Cvntinucd s i�}�,'c;ULI1R A7L•'ETIIJG OF �i'I�E ORONO COUNCIL, SEPTI:P4BER 12 , 1977 Page 7 , The vacat.ions beyond a 30 ft. offset will serve SUl3DIVISION - STRFET t11e public iiiterest by retaining all utility VACA'1'ION � arid drainage facilities w}lile legalizing the 2965 Casco Point Road private use of the remaining land. (Continued) Council T�eeting - September 12 , 1977 Pesek moved, Butler seconded, to a��pr_ove the street vacation of Hamilton P�oran, 2965 Casco Point Road, per the Planning Commiss.ion recor,unendatioils . PZotion, Ayes (?_) - rlays (0) . P4ayor Van Nest abstaining. Pese}: moved, Butler seconded, to approve the street vacation of Stewart Perry per the Planning Commission recommendations. I�Zotion, Ayc�s (2) - I1ays (0) . M�-�yor Van P7est ahstaining. Butler moved, Pesek s�conded, to approve the street vacation of Jarnes I�artzell per the Planning Commission recommendations. Motion, Ayes (2) - Nays (0) . Mayor Van Nest abstaining. �3�_�tler moved, Pesek secoilded, to give preliminary ��ubdivision approval for Hami_lton iioran, 2965 � Casco Point Road, per the Planning Comr�ission r_ecor,u:lendai�ions noting that this approval is not to be contrued t11at this division does comply with present standar_ds. P4otion, Ayes (2) - Nays (0) . Mayor Van ilest abstaining. P2r. Alan Olson, I�ssistant Building & Zoning SUBDIVISION Administrator, entered into the record the 1860 Fox Street following request of Lucian Stronc�, 1860 Fox #290 ! Street, for a preliriinary subdivision, dated Lucian Strong July 21, 1977, which states : � P-7r. Strong is requesting preliminary approval of the proposed lot split of his 9-plus acre parcel (1850) . The proposed split would result in two parcels each of which would exceed the rnininum two-acre requirement. � William Waldron who owns Parcel 1825, which adjoins the subject property to the west, is considering purchasing this new parce]_. He has indicated that this new parcel will be a separate parcel. Access to this new parcel will be provided thr_ough a private easement through his other � pionerty (Parcel 1825) . (Coz�t.inu��d) � , � RI,'GUL11R I1L�'.`I'ING OF `l']iE OROPdO COUTICIL, SLP;Trf1BER 12, 1977 Page 8 � I�lthouc�h izo variaiices would be required with the SiJ}3DIVISION ��latting of the property, there may be some 1860 Fox Street I�r_oblem with locating a new residence which would (Continued) ! ineet the required setbacks of 50 ft. front and r-ear and 30 ft. side. The existing tennis � c,ourt and barn would re�quire variances on the :��tl�acks as t.hey exist. � I� Z�tlblic he�aring has bcen scheduled for August 15, � 19"17 a t 7 : 3 0 P.P�I. � l?1_��ni�iizg Coruilissi_on P4e��t.ing - I�ugust 15, 1977 � 11pp]_icant was not present. Mrs . I�urr stated � tllat she was on the property and found a winterized liouse as well as the barn on Tract B. M The Plaizning Comrnission was concerned with access to the proposed lot. After the hearing was � � closed, Mr. Strong was coiltacted and he asked • i.hat a decision be delayed until he could attend the next meetiiig. Tabled. � Staff - August 19 , 1977 r Received revised drawing showing house and barn. � P1ann.ing Commission Meeting - September 6, 1977 � Reviewed building locations. Discussed access � and use concerns with Psr. Strong and Mr, ti�7aldron. ` rJoted that the proposal meets lot area and width requirements , contains an occupied (rented) � house and, therefore, must be considered as a separate, residential site �ahich meets all � requir�..ments. This means that legal acces� must be provided by rleans of an easement through the � t9aldron property and that it cannot be combined � with the [4aldron parcel that already contains a ho�se. Recommended approval, including variances � f_or the existing buildings , subject to an access easement being provided. Recommend no park � dedication fee because each parcel contains an E�xisting house. s + Council ri�eting - September 12 , 1977 � �iayor V��n �1est r-�oved, Butler seconded, to give preliminary approval for the subdivision request � of Lucian Stronc�, 1860 Fox Street, per the Planning Commission recommendations subject to � a 10 ft. utility easernent along Fox Street. �-;ot� on, Ayes (3) - T1ays (0) . � � � � � � , � � l�}�;c;ii�t,I1R I9}�',ETIPdG OF T1�F, ORONO COUNCIL, SEPTEPIBER 12 , 1977 Page 9 � I1r. Alan Olson, l�ssistant Building & 7oning VARIANCE :'ldmiiiisi�rator, enter_ed into t1�e record the 1640 S1ladywood Ro��d � ��equest of Gerald Finn, 1640 Shadywood Road, #292 � for a variance, dated August 11, 1977, which Gerald Finn :�tat.es : • P7r_ . Finn is requesting variances for locating � a proposed garage so as to avoid removal of some existi_ng trees . Referring to the drawing � :�ubmitted, note that the north property line . I�asses through the center of tlie a�xisting �lr_iveway and very near to the north side of � f-he house. `I'he existi_ng shed is intended to I:c�main f_or storage. Tlle "existing retaining � ��;all" was being newly installed this afternoo�i <�71d effectively covers the only area su�_table � for placing the garage away fror.► trees and ��itlzin all setback requirernents . I think you � should carefully look at the site and come to � your own conclusions, but note that the garage as located is only 12 ft. f_rom the � oak and well under the drip 1_ine, as well as being within the front setback area. � l�rs. Finn advises that they have four cars and � a motor home which normally park on the property. � T3e advised that the house is a legal non-conforming duplex with the Finn' s living quarters on the � £irst floor and an apartment, now occupied by their daughter, on the second floor. Also r�ote � the attached letter concerning an expanded office use in the basernent. � Planning Commission P�Ieeting - September 6, 1977 � . Cornr,�ission was interested in the proposal for its desire to protect the trees, especially � an oak, and to not adversely affect the house; but were concerned with the building height, the � ii�pact upon the public and the neighbors and �he accuracy of the oak tree location. � '�, Reconunended approval subject to receiving a � letter of no objection from the neighbors • and because the location appears to protect 1='ze most trees and provide a turn around on j � site to prevent backing into traffic, i � Council r�7eeting - September 12, 1977 � � Pesek moved, Butler seconded, to table the �_�>quest of Gerald Finn, 1640 Shadywood Road, � r_or a v�riazzce, for futher staff study and I �view. �;oLion, Ayes (3) - Nays (0) . • • • � � Izl?GUL71R I�7E1�;'1'.ING OF TI�E ORONO COUrJCIL, SEP'1'1�,?�1131;R 1?_ , 1977 Page 10 � t9r. I11an Olson, l�ssistant Buildi_ng & 7oni_nc� �10RTH SIIORF.. DRT_VE I�1?1]ZTNl' 1lclrninistrator_ , entered i_nto the record the f_ollow- 32?_2 Nori.h Shore l�rive � i_ng memo coiicerning the North Shore Dr_ive Marina #�293 • dred<�ing permit application dated August 5, 1977, Dr�dging which states: � On August 4, 1977 , P4r. Hork presented an application � for r�aintenance dredging of a portion of the marina harbor area. Specifi.cally proposed is rer�loval of � approxirnately 4 , 000 cubic yards of silt and rluck from an area 200 f-�et wide between 40 and 130 ft. � from the shore. �i'lie prol�osed disposal site is � up7_and of t�he dry si�orage rack location. Peirni.ts for tlie work �af�re granted by the DNR on P4ay ]_0, 1977 � and i�he Army Corps of rngin�er_s on Piay �5, ].977. � Staff - 7lugust 9 , 1977 ' � Idot.e the enclosed letter to I�7r. Iiork inc3i.cating c�o;�c��ins • ��i_t=h the dredging r.lethod and the on-site spoi_ls di_:�1�osal proposal. � Si-rii .f_ - August ]_]_, 1977 � L�urther communication with 2�1r. I3ork' s attorney � indicates that the dredging method proposed is a dragline working from the shore at least in the � 1<�goon and shoreline areas. The di_sposal �ite . is as shown above the storage racks. Our sit�e inspection reveals lii�tle riprap no�a in place. + 2.lost of the shoreline is retained by a wood sea- wall with 112 inch driveway gravel behind it. � Tliere are small areas of large rock riprap at the r,�outh of the lagoon, and there are large areas in � i:h� la��oon with no shoreline protection at all. � Planning Commission - August 15, 1977 � Lenghty discussion between Planning Cor,unission and � P4r. Iiork and his attorney during work session. Planning Comriission r�ade no recommendations at � this r:leeting because, as per regular pol.icy, no adjacent property owners had yet been notified f of the pending request. The item will be on the • agenda for action at the next regular meeting Septerlber 6, 1977. � P_lanning Cor;unission Iseeting - September 6 , 1977 • Lengthy complaints about �aater quality and lake � bed changes by Herman Renner.. P�r. Ron Iiarnack of t=he DI•7R �vas also present. Tize Di�R permit pre- � sl;��poses that spoils will be barged away to an � approved disposal site. He says that the area has already been destroyed by dredging to 6-8 ft. � depth years ago and by constant traffic - clredc�ing to 3-4 ft. will not affect tl�e quality now. (Continued) � � � � � 1:1:l�ULt'1R I��il;i;'l'1r3G OF i'13Is ORONO COUPJCIL, SI;P`1'L;t1F31;R 12 , 19 7 7 P��<�e 11 � 1�lanning Commissi_on recommended approval subject NORTH SI�ORE DRIVF P�1AR rn�A to off-site disPosal and riprapping with engincer ' s (Continued) � ap��roval of plan if and �ahere shoreline is disturbed. � w Coun<.i_1' P�4ceti_ng - ��ptei�ber 12 , 1977 � tlayc�r Van Nest noted for the record that he c�bserved, nine boats in the lagoon. � Pc�sek n�oved, Butler seconded, to approve dr_afi�ing � ��f a resolution all_owing dredging f_or Nor_th Shore i�rive Marina, as r.lodif.ied. Dr_eclging ap��roval shall � l�e subject to: � )_ . Review by the nrlR ?_ . Spoi.ls to be bar�jed out of ar_ea r 3 . Ripr_ap if shoreline is distu�-l�ed 4 . Collecti_on of s�_lt E' 5. Resolution sign of_f by applicant i i4otion, Ayes� (3) - Nays (0) . � � ;•Zr. Alan Olson, Assistant }3uilding & 7oning S'1'UBBS BAY P17�RIrdA �'�drainistrator, enterea int�o the record the follow- 3445 �3ayside Road � ing r:�emo concer_ning the dredging application #294 of Stubbs Bay P�7ari_na, 3445 Bayside Road, dated Dredging � %�ugust 5, 1977, which stat��s : James I�IcCleary � For your inforr.lation, the City has received the . attached copy of a dredging perriit application made to the State DNR on July 18, 1977. An � a�plication has not yet been made to the City. i�ote that the proposed spoils d.isposal location � is on property adjacent to tne lake. � Staff - August 10 , 1977 � r7ote the enclosed letter to Mr. P�cCleary • indicating concerns with the spoils disposal and siltation control . The indicated disposal + now is in an area to the rear of the proposed building site with possible use as future fill � around the building. i�ir. P1cCleary has indicated t=hat he will be investigating off-site disposal, � but he is presently planning to use a land based • backlloe (dragline?) for the work which would racilitate on-site disposal. The shore is now � unapproachable and the launching ramp is completely unusable. There is no riprapping in place now � aiiy��h�r_e �long the ar��a pr_opcsed to be dre��Jed. (Coni-; nUcd) � � � � � � � � �:��;(;UI,I�R i11.E'PING OF TI�E ORONO COUNCIL, S1�P'P�P1Bl,R 12 , 1977 Page 12 � Riprap��ing or other siltation contr_ol measures STUI3I�S T3AY P911RINA sllould be considered for prevention or reducti_on (Conti_nued) of future problems . 1lpparently due to the low • �aater, the dock structure is still arranged as in previous years rather than according to the � r_evised 1977 design. � Planning Corlm.ission r2ceti_ng - Septcmber 6 , 1977 � Ron Iiarnack of the DNR was present. I�e zioted that wor_k was l�egwz without a permit a.nd �-�as � stopped by the DP1R who have tagged for same. ` He stated t.hat they have asked for f_urther inforr;�ation and will pass sarne along to the City. � The a��r�Iicant was not present and no additi_onal infor.rnation had been given to staff. Planning � Cornmissi.on tabled f_or £urther i_nformation on establishing need, on establishing extent and on � clarifying �rosion control and spoils deposit • locati_on. � i�1r. I�J_,�n Olson , I��>sistrz�lL- �311iJ_dii1�� & 7oii; ng Cl�`�ll�Ti=Oi��AL US1, Pr�;�^97-T ��cinu_nistr_ator �nter-ed into th� record the io7_1o�J�- � ' 3300 Fox Strec�t ing memo concerning a conditional use permit #295 � for grading, f_illing and riprap for :9illiam jail.liam Lurton Lurton, 3300 Fox Street, dated August 11, 1977 � �ahich states : i The appli_cant is requesting permission to riprap � his shoreline along an area that has been graded already. This office received a complaint of � grading in progress on June 24 , 1977. Inspection was made and a stop order posted upon finding � several trees cut and the shor eline bank graded into the water. Tlle applicant stated that he was � unaware of the prohibitions against same. He � did stop work at that time. On June 27, 1977, I vi�ited the site and authorized some additional � work to pull piles of earth out of the water and i�o line the shore with hay to act as a siltation � filter. This work was done and the project rests at this stage now. + In order to correct the damage done and to prevent a further erosion, we should consisder the riprap � r�quest with sodding or seeding of the exposed bank. �ti'e might also consider requiring the � planting of new trees to replace the ones rernoved. � Planning Commission PZeeting - September 6 , 1977 � Applicant notified but not present. Discussed real conc�rns about the �xtensive nature of this work and the delay between official stop order and � the time of application. Recommended that Council instruct staff to tag for violations and that owner � subrlit a riprapping, sodding and rree replacer-ment plan prior to receiving auL.�ori�at�-_on to proc�ed. (Continued) � � � �, ]zi�i;UT��'�IZ I�71.1;TIr1G OF '['HI. (�Ri�i�10 CQt)I�C�IL, Sl�;P`:t'I�;P1I3],R 1?. , 1977 Page 13 � C�unci_1 P4eeting - Septc�mber 1?_ , 1977 CONDITIONAL USE PI,P.MLT 3300 Fox Str_eet � T7,iyor Van Nest moved, Butler seconded, to approve (Continued) • the conditional use permit for ��Jilliam Lurton, 3300 Fox Street, stibject to: � 1_ . )�',ilgineer' s recor,uneizdations � ?_ , I3uilding & 7oning 1ldministrator ' s apPr_oval of grading plan � 3. Tree replaceraent ��lan 4 . Riprapping plan � 5 . 'rs,aenty days to cornmc.nce wor_k and thirty • ��ays to corapl�te, eff-ective ciate from September 13, 1977. • :ioiion, Ayes (3) - Nays (0) . � S i-ir. Alan Ol;�Qn, ?��>:�istant Builai_ng & Zoning LONDI'1'IONAL USE P1?RMIT S . I�dministrator, ent:>_r<>d into the record the follow- VARIANCES i_ng merno concerning a conditional use permit 1"10 Smith Avcnue . ��nd variances for Jerome Car]_son, 170 Smith u296 �v�nue, dated 1\ugust 11, 1977, wllich states : Jero��le Carlson r '�he appli.cant i_s requesting per;nission to build � a "sports court" for tennis , basketball, etc. ��7ork has already begun and a Stop Or_der has been � posted because the work appears to be in a • c?esignated wetlands and becatise it extends over tl7e property ]_i.ne. T��e have been to]_d that tlzere � is or was intention to enclose the court at a later date. � Staff received a call on ,7uly 20 , 1977, asking r what was necessary to build the slab. When ��e � learned of the proposed enclosure, we advised of the need for a survey and for a variance for � the enclosure because the slab exceeds the maximum allowable accessory building size, rdo further � contact was roade by the applicant until August 9 , 1977, when a variance application uaas received � iilcluding a survey. Inspection by rir. 2�tuhich and Tom Jacobs on August 10, 1977 , showed that e iorms and gravel base were already installed in a a location other than that indicated on the survey. There were no lot corner stakes visible and the � construction had apparently encroached on the designated wetlands. A Stop Order �-�as posted. + On August 11, 1977, tne applicant submitted a � ,-evised survey dated July 28, 1977 showing the "athletic court under consLruction" across the � east properi�y line. The applicant advisc�d I�Sr. i :iuhich that the court location was a mistake discovered when the survey was made and that � the current intention is to relocate the court as shows on Exhibit A. , (Continued) � � � � � ��-�?:(;UL11R P�I�;i;`I'fI7G OF 'i'I31� ORONO COUI'JCIL, SEP`!'I�PII3ER 12 , 1977 P�1��e 14 ` i'}ie roni.ng code s��ecifies a residential accessory CONDITIONAL USE PI?Rr4T_T & }�uilding to be a rn�3xirnum l, 000 sq, ft. This V1�RIANCES � court is 1., 800 sq, f_t. and would become a building 170 Smith I�venue i_f erlclosed. The code specified accessory use (Continued) � :s�tbacks of 50 f_t. fr_om the road and 26 ft. f_rom • ��liy �-�etlands. � 1.�lanni_ng Conunission Meeting - September 6, ]_977 � l�iscussed the wc:tlands situation on site vs , the �lesignati_on and concluded that the area has � naturally filled to the extent that thi_s proposal • ��ill not affect aizy dr_ai_nage or ho]_ding capability, <�iid th��t this location was about the only available � due to the many slopes on the lot. Sever_al nc�i_��hbors were pres�nt i_n si.zpport of the proposal. � P1�:iiriing Commissi_oii r_ecor�ullended ap�roval p�r the � locat.ion shown in Exhibit C. � Col�iicil T-iceti_ng - September 12 , 1977 ` I3ut ler ,:�oved, I�ayor Van Nest seconded, to <�p��rove , f.he setback variance for Jerorle Carlson, 170 Si��ith 1lvenue, per the Plai�ning C��runission recommeizdations . � 'totion, Ayes (3) - PJays (0) . � ,�ayor Van Nest r�loved, Butler seconded, to al�prove � he wei�lands variance for Jerome Carlson, 1"10 Smith � I�venue, per the Planning Cor:unission recor.u�endations , • of September 6 , 1977 , subject to no hard cover. i;oti_on, Ay�s (3) - Nays (0) . ` � �1r. A1_�iil Ol:�on, �'�ssisLant 3uilding & �oning SUBDIV 1S ION Acirninistrator, entered into the record the following 500 North Arm Drive � m�mo concerning the Victoria Grain Company, 500 �200 • North Arm Drive, which states : Victoria Grain Company � Planning Cor;unission 2Zc�E�ting - Sept�r��ber 6, 1977 � Ron Harnack, P�ike Psueller and Bruce S«ndstrom of the Minnesota DNR were present to review this � application and the DNR' s general views of riparian access , dredging, marsh preservation and fish and � ��ildlife prorlotion. The app]_icants noted that • :>ound.ings of the area had been t�ken, but that Llie data had not yet been compiled. General , concensus was that all parties should be concerned with mininal environmental disturbance and that, � based upon the results of the soundings and ]�<3hitat report, the best solution can be iound. � T<:i�l�d tznti.t data r�^civ�_.d. � � � , � L � }ll;(��U�L�IlZ 1�;1�;1�;7' I�NG C)I�, '�'i�F; OR(�NO CC�liI�C IL, S}�;PT};I�•1i31',lZ l ?_ , 1977 P�<�e 15 � i�r. 111an Ols�n, Ilssistant Bu.ildi ng & 7oning SUI3DIVISTON 11c3�aini_strator_ , cntered into the record the follow- 1?_00 O]_d Cr_ystal ]3ay Rd. � ing information dateci I�ugust 22 , 1977 regarding 2_640 North Shore Dr.ive • the subdivision request of 315 rast Grant Corp. , #261 ]_200 Old Crystal Bay Road, and Slzeldon Jacobs , 315 Fast Gr��izt � "?_640 North Shore Drive, which states : �heldon ,7ac,��bs , tTinsi�on, Jacobs, David and Robin present. P4r. l9inston made presentation - t�Ir. Jacobs �aants more � yard arc�a. 'ih.is is not typical cut-up subdivisi_on. • ;�ubdivision approval required by Courlcil - r4r. �di nston does riot agree i�his is sul�division. Does • �i��t agree with conservation easei�ent and �0 f_t. access easerients. Feels this should not be a � conditi_on. Would r_ather give the mar_shl_and ar_ea ��s a gift to the City. � Council suggested Property owner c�stablish value � of land. Council al_so suggested alternatives • and asked applicant if he night have any alternative proposals for consider_ation. There were none � excePt for elininating the 20 f_t. access easement. Council directed staff_ to co��u,luni_cate wit=h the � I4i_nnehaha Creek ��datershed District to deternine exact location of proposed earthen structure ' associated with the projected French Lake �7ater Storage project. � • Leti �r from ?1i?�nenaha Creek ��'ater_�sh�d Distr.ict � ;_�g��r_-diilg the Upper 67atershed Storage Project, � French Lake Basi_n, on attached pages 16 & 17 � Butler rnoved, P4ayor Van rdest seconded, to re- � consider the prelir.linary subdivision for • 315 East Grant Corp. , 1200 Old Crystal Bay Road, and Sheldon Jacobs , 2640 North Shore Drive. + Piotion, Aycs (3) - Nays (0) . + Ilayor Van N�st n�oved, F��sek scco_�dE�d, to ��v��:��ove � preli_rlinary subdivision, subject to: � 1 . Al1 terms and conditions of Planning Commission. • 2 . Fasement to City along County Road #�51, adjacent i,o French Lake outlet as per Minnehaha Creek � ��'atershed District recommendation. 3. Staff to revi��w s�wer assessments and reconunend � that cost as part of final plat. 4 . El.�r7inate n�ed for access easc;nent at this time. � .ao;-; c-,,� , ,y�s (3) _ T�ays (0) . � � � � � • �, �,i{� . c � , `�:��"-'•��'f�,� .�,��:.;�� i , :i:• `� Page 16 � � `� �� . / f, ��-Y..�� , _� �: • '�I�1T��=' Q � 0��' -. /�.F ` Miky� Fj��ED��S'` d�n._�-�-=� ; �-�' i�h+c � / �;r'�'�3 '�FFt �� .� �� a �.�� 1 �.� [;� �.: ��x � �'_� .. � �� _ __ f • LAKE MINHEIONK� ' � 1.,1��i H'[_.> ►13 C.� �� .a� �'� � e�T-.i EI3��rL � �.4�a P.O. Box 387, Wayzata, Minnesota 55391 M;�,;�ssTa F��Ep . �„�.� � F'.OARD OF MANAGERS: �. `,�� Cavld H. Cocfi�an, Pret. • H. Dale Palmafier • AlLert L Lchnan • !zrn>s S_ Rezsell • han Williams �� .-.. . . . .. �.. . —�: ._... ... . . . .. . .�_.: .. . - . ,.. . . . :_ .. _ � . , ...- �. �:. � -..: ,:... ...- • � Septembc�r 6, 19�I7 � M i•1r. IiE>»ry F. ��1ulz�_ch t� � �.� �� ;,..�� _�-. • 7oning Admini strator t1 �,� �:� �� !� �;� +�� City of Oroi�o � ' v �-� � � P.O. Box 66 Crystal Bay, Minnesota 55323 �� '17 i R�: Upper watershed Storage P�-oj�ct VILLAGc �F � ' � Fr_�nch Lake Basin Cl��I'��0 � Dear Mr. Muhich: Following is the techn�cal data requested in your letter of � August 29, 1977 regarding the French Lake segment of the Upper Watershed project. r Retention and storage of runoff waters in upland basins of � the Lake Minnetonka watershed is proposed as one method for • flood control in the Minnehaha Creek �ti'atershed District Overall Plan and has always been considered of district-wide signifi- � cance and benefit. The total concept involves more than twenty potential storage basins most of which are described in our � Preliminary Report of June, 1976. � In our opinion French Lake basin, as one segment of the i�otal concept, constitutes a project of district-wide benefit in � its capacity to modify the rate and amount of runoff waters . into Lake Minnetonka during a period of progressive urbaniza- tion. This would apply to each potential basin although the � i;npact of each would depend on its individual drainage area, cr.�racter and sLoraUe capacity. - � The outlet structure proposed for French Lake is a drop inlet � box around the upstream end of the culvert draining French Lake under C.S.A.H. No. 51. This would be formed of inter- � locking steel sheet piles extending approximately ten feet • out from the roadw-ay e;��bar_km�nt and ten feet across the third side pa?-all.el to the road��:ay. This wotild allow ac�au�te f-oom � � � � � � . � Paye 17 1•9r. fieJ�ry F, ;=7uhi_ch � September 6, 19�77 � Page Two � " for �ulver_ t m��.nten��nce and �aou)_d r_E�qtzi_re 110 co»strtzction on � private property since the entire struc�ure could be contained within the county right-of-way. � � • • Tl�e proposed spillway altitude is 930. 0 M. S .L, with a narr_ow, rectangular r�otch i_n the spillway to altitude 9?_9. 0 M. S . L. � for the purpose of fl.ushing the existing pond between C. S .A.H. No. 51 al�d T,ake i�ii_nnet�nka. �l}1is wou]_d provide 30 lirzeal feet � �f di�>�.l�arge spillway which would exceed the culvert capacity. � 't'he si.r�_lctlire descri.l�ed would provide rtinoff storage with no . 5ignificallt capacity for lake augmentation. r4anual cont.rol could be added at any time which could achieve_some augmeni_a- � tion. Spill_way height could al.so be changed with relai.i_ve ease if warranted. Gae suggest these possibil_ities be reviewed � after one or two years of experience with a fixed crest at altitude 930 . 0 M. S_L. � . 'ihe history of water l�vel observations on French Lake is in- ade;uate for predici�ing precisely the max�mt�-n ponding levels • with a structure spillway at 930. 0 M.S .L. It is anticipated that maximum ponding will not exceed the levels reached under � c�xisting conditions but that those levels will be sustained ror longer periods with the proposed structure instal]_ed. � Tn the absence of detailed topographic knowledge we would � suggest that drainage easements specify a maximum elevation of 932. 0 M. S.L, for the French Lake basin, If legally feasible, • there could be allowances for future release of portions of this easement when and if future experience warr_ants such a � revision. � Sincerely, - � EUGENE A. HICKOK A�ID ASSOCIATES . Engineers for the District C_ � � A t� � � . �_��....-�-.�. .�. � E. A.-Hickok, P.E. � r,AH/cml � cc: Board of Managers • G, riacomber - r1C�17D S. Jacobs � , r � � � � . � f . � I�1,c�ULI�R 1�I:r,`I'ING OF 'I'IiE OROrJO COUNCIL, SEPTEPIBER 17. , 1977 Page 18 � T9�iyor Va�Z Nest noved, Ilutler seco�zded, to table VARIANCE the variance request of Jack Rhode, 1410 I3ohn ' s 1410 F3ohn' s Point Road � 1'oi.nt Road, at the request of the attorneys #210 i_iivolved and staff until October 11 , 1977. Jack Rhode � I��oti.on, I�yes (3) - Nays (0) . � � i9r_ . �'�lan Ol:�on, 1lssist�3nt I3uild.ing & 7oning V1IRTANC'E I�dmi.nistr_ator, enter_ed into the record the follow- 320 Woodhill Road � i_ng r�lemo concerning the variance request of #275 Zol�ert F. White, 3?_0 �9ooclhill Road, dated Robert F. White � �'�uc�i.lst 22 , 1977, whic.h states : � l,etter from r4r. ��hii�e to Council submitted by � �7r. «hite' s son. Aft�r reading same, Council t.abled issue to provide time for staff and � Cowlcil to review site and potential har_dships �,aith code compliance. Deferred to Council � �:leeting of September 12 , 19'77. � Counci_l I4��c�t�_ng Septerlber 12 , 1977 � ?�r. R<>'�er_t F. t•�hite conlrnented that his architects � 1i�:ive advised him that he cannot construct on the ��roperty without an apparent var.iance to a + lear_ yard setback per Orono code. " �yor Van PJest moved, Butler seconded, to table • �intil furi.her .information is available. Psotion, r'�yes (3) - Nays (0) . � � I•4r. A]_an Olson, Assistant Building & Zoning BUILDING PERP�IT Adrninistrator, entered into the record the follow- 1745 Shadywood Road � ing information for a request for reconsideration Sharon Dalhaug of property as a building site for Sharon Dalhaug, � 1745 Shadywood Road, dated September 6 , 1977, which . states : � I have been confronted with a situation somewhat unique. PZs. Dalhaug has applieci for a building � permit at the above site. The parcel meets the Loning requirements . Iiowever, after checking '� the records, we found this lot declared unbuildable _ by a court order. A previous owner, We�ley tJegen, � filed the petition and upon his rec�uest, Council waived • the assessrnent and refunded that portion ��hich he had paid to that date. � ISs . Dalhaug wants to proceed with her proposal. � Staff requests some direction as to how we riight process the application. � Council P�eeting - Septernber 12 , 1977 , Butler moved, PSayor Van Nest seconded, to refer the request for a building permit of Sharon � Dalhaug, 1745 Shadywood Road, to the Planni_ng , Corru:lission and staff f_or review. I�iotion, I�y�s (3) - Nays (0) . . � • R};(�UI,I1R P•1EETING OF THF, ORONO COUNCIL, SEPTEI�IBTR 12, 1977 Page 19 • 2•7r. Alan Olsun, Assistant Builc�ing & Zoning NORTH STl�R Ml�RINA ndministrator, informed the City Council that � Sel�tember 8, 1977 , Paul Kernpf delivered a signed copy of the t3redgii�g resolution and a response � to our 1977 marina license resolution. I have � attached his response and a copy of the original reso.lution with the chan��es made by rlorth Star • P-4arina noted thereon. F3riefly, they agree to most statements, but have altered or omitted S, sections dealing with Council concerns of density, increased use and Public welfare. They have � omitted the section requiring a plan of action to be subrnitted by November 15, 1977. They have, �" in effect, said that they do launch boats for the . day (with no provision added for extr_a parking) . They changed the section dealing with hours of � operation. They have eliminated references to dock length and the tllree Crystal Pay slips . � Council r7eeting - September 12, 1977 � . P4ayor Van Nest rioved, �3utler seconded, to re- consider a previous rleeting motion of August ?_2 , • 1977, regarding North Star P�ari_na, r7otion, I�yes (3) - Nays (0) . � P�4ayor Van Nest moved, Butler seconded, to reject North Star Marina' s amended resolution as pr_esented tonight noting that other marinas have adhered to � orig.inal resolutions as adopted by the City Coutzcil. • iiotion, Ayes (3) - Nays (0) . � Butler moved, P4ayor Van Nest seconded, to grant North Star rlarina the 1977 PZarina License, conditioned � on North Star PZarina adoption of original resolution l�y September 26, 1977 , adding language that this � resolution does not rernove rights of North Star Marina to challenge at a later date. Violation of � resolution terms will be considered a violation of • license, with staff instructed to tag for any non- cornpliance whether or not marina signs off resolution. , t�iotion, Ayes (3) - rlays (0) . . � Butler moved, P�ayor Van Nest seconded, to adopt RESOLUTION #821 Resolution �821, A Resolution Directing Staff To North Star Marina L.icen r Issue A License To P7orth Star I�-�arina For A Coru:�ercial Boat Dock Business For ihe Ti�e Period � From January l, 1977 To December 31, 1977, For • The Purposes As Set Forth Herein And Subject To The Conditions Set Forth Herein. I�4otion, 1�yes (3) - � Nays (0) . � � � � � 1 1 • � iZ};G'JLI�R T;EETING OF TIiE ORONO COUNCIL, SEP'I'E12}3ER 12 , 1977 Page ?_0 . ;,r_ . Alan Olson, 11s:�ist�nt Btiilding & Zoniilg GAYLE ' S .'�9AR:iNA L1t')�;'d�;E 71c�ministrator, informec� the City Council that � ��n Septernber 6, 1977 , he received a copy of the � 1977 license resolution signed by Mr. �9ittig. Iie has changed the hours of oper_ation from . 10 : 00 A. M. to dark (as on his 1977 application) i.o 8 : 00 A. Pd, to 11 : 00 P.M. Note also the • c�isclai_mer added to the last page. � Council I•7eeting - September 12 , 1977 � I-1r. Jim Lane, �3i=torney represeilting G<�yle ' s � Marina, stated that his cl_ient is cha]_]_f.nging: � l . Landscape plan ? . Tree pl��nting re��u� re:n�nt � 3 . `i,�:o-ht;nc?i-��d f��ot r��ck 1 enc�th . � � P�ayor Van Nest rzot�d that his client has sign�d the required r�solution and had not noted thcse . challenJes. � I;ayor Van Nest r,�oved, Butler seconded, to adopt RESOLU'lION r8?_2 Resolution tt822, A Resolution Directing Staff To Gayle ' s P•Sarina License Issue A License To Gayle ' s Marina For A Commer_cial �3oat Dock Business For The T.ir�e Period From ,7�nuary l , 1977 To Decer�er 31, 1977, For �Phe • Purposes As Set Forth f3erein I�nd Subj�ct '^0 1he Conditions Set Forth Herein, .i�oting change in � hours o_f. operation and noting that applicant is not giving up his legal right to challenge � conditions at a later date. I�7otion, Ayes (3) - • Nays (�) . � I�ayor Van Nest r.�oved, Butler seconded, to ac�oPt RESOr,UTION r87_3 � Resolution �823, A Resolution Directing Staff To North Shore Drive Marin Issue A License To North Shore Drive Marina For License � A Coru�nercial Boat Dock Business For The Time Period F?-om January l, 1977 To Dece7nber 31, 1977 , For The Purposes As Set Forth Herein And Subject To The Conditions Set Forth Herein. . r4otion, Ayes (3) - � I�Tays (0) . � r � � � � � � � � , ' • RFGLILIIR i7EETING OF `illT OROPdO COUPICIL, S�PTEPIBER 1?_ , 1977 P��ge 7_1 � t9r. Alan Ol�on, 1lssistant 13uildi_�zg & Zoning `PI�X FORI'EIT PROPER`I'Y Ildini_nistrator, ciltered into the record the followi_ng �r,�c�r,�o concerning tax forf_eit land, c3<�ted Sepi=e,;ilUer 7 , 1977, which states : � . I have not cor;lpleted rev.i_c�wing the 5tatus of all t.he subject properties as yet. `1'he ai�tached sheets indicate the individual par�els as eit}ler conf_�rmi_ilg or non--conforming builc�ing sites. The non-conforming � parcels are substandard and very possibly �-�ould be �3enied variances. Those parcels that confor_m or r r,�cet �Oo of the required area should be r_eviewed . further. Some consist of drai_nage ��ays, etc, Al1 factors should be considered before a determination a is r;lade. The unpaid special assessr�ents on some of tlZe lots are quite high. [�7e might consi_der � r_f�ducing the assessr.lents on some of these proPerti�.s t=o be in lirle witti the assessmeiits on other similar � sized lots in the ii:unediate vicinity. This �Jould give us tlie opportun.ity to recover sorne of the � assE�ss�;�ents and a continuing tax hase. � Cc�uncil Pieeting - S�pter.lber 12 , 1977 � I,urtller inforrnat.ion regar_ding the tax forfeit pr_operties will be pr�sented at the Council r��eeting of Sept.�rlher 26 , 1977. � � PZr. I�lan Olson, I�ss.istant Btiilding & 7,oning ON-SI`1�E D1S�'OSAL • Administrator, informed the City Council that SYSTLP2S staff have completed a rough draft of an ordinance � regulating the construction and operation of on- site disposal syster:ls and will review this within � fihe foa_lowing two �aeeks. � * PZr. Alan Olson, Assistant Building & Zoning RECREATIONAL VEHICLE Administrator, inforr.led the City Council that PERP4IT • I1r. Fdward G. Newton, 1365 Park Drive, has 1365 Park Drive r-equested to be on the agenda this evening and � has submitted a request to Council stating that: � "I respectfully request a permit to live in a self- contained recreational vehicle (r2idas) with my � family at 1365 Park Drive, P�Zound, until no later • �_han Thursday, October 6th. � 1. ��e are in the process of completing construction of our permanent home at that address and our � original occupancy date of Septernber 15 has 1>�en delayed due to construction and material � �?elal�s. Our old hcme �vas sold with the Scptember 15 taroet date in mind. (Continued) � r i�t]�GULIIR I1F�;ETITIG OF TI�E ORONO COUNCIL, SEP`1'Er1I3ER 12 , 1977 Page 22 � ?_ . t�7e �aere tinable to locate for rental a�1y RI�'.CREI�TIOPJAL VI,IiTc,i�E L��,ri:�ailent facilities for such a short per_iod PERPIIT � <�f time. 13G5 Park Drive (Continu�d) 3 . t�hi_le less than an optimum si_tt.iation the R.V. � has : a) ho] diilg tanYs for sysi.�i;�s b) its o��n fresh wat�r holding system � c) heating and refri_geration d) the advaiztage that my three ch.i_ld_ren are � picked up and r�turned }�y bus to and from • school . (With one ch.ild in ki_ndergarten � living outside the area will necessitate tliree car trips per day - just bussiiig kids) � PLI,ASls' IJOTE: Ignorance is obvious ly no excuse, but I was not aware a permit raas needed and have, i.n � fact, occupied such vehic]_e. I was obviously wrorlg. I understand a complaint has been issued and I am indeed sorry for this , but I do riot f_eel • the presence wiil detract frori the neighborhood �s there are other R.V. ' s there a1so. In fact, I do feel we have tried to do our part in makiilg t=he lot at�tractive. 1) �•]e personally picked up over two garbage bags � of beer cans and debris since �ve arrived and had the dis��osal service remove therl. � 2) Directed the builders to stack waste boards, etc. rather than throw ther;l around to be � picked up later. � I do have a probler.l. t�7e have no r�al place to stay until the house is done and would sincerely � appreciate the Council ' s approval of a short-term � permit. The R. V. is rented and will therefore not be on the property long term. " F�T1d of letter � Council r4eeting - September 12 , 1977 � rlayor Van Nest moved, Butler seconded, to approve the location of t4r. Newton' s recreational vehicle ` at 1365 Park Drive, until October 6, 1977, subject 1_o i�e�ting all code regulations. P7otion, Ayes (3) - • '�ays (0) . � � ]ZL��ULAR 1�S}',I�,TING OF TI�L (�]�ONO COUNCIL, SLPThP-1I3rR 12 , 1977 Page 23 P4r. I�lan Olson, llssistant I3uilding & Zoning I�PPOIrdTr4ENT ��c�rninistrator, entered into the record the Planning Commission � fo]_lowing memo concerning an appointment to the Planning Cor�lrnission: t 'llze City Council was advised at their meeting of August 22 , 1977, of the Planning Comrnission recorunc�ndation to accept a leave of ��bsence from Commission ilcrnber Dunlap until January, 1978. � Council was concerned about possible quorum 1�rob_lems during this time. Council pr_eferred the resignation of t4ember Dun]_ap and encouraged her to submit another aZ�plication as soon as she is again avai_lable. ]:nc] osed are the rnost recent applications for mc:��nbc��_ship. Please review these appli_cations and, if desir-ed, r�iake a recommendation. Council will r.lake a determi_nation at their meeting of September 12, 1977 . }?1_,�nni_ng CoT��missi.on T�eeting - September 6 , 1977 Briefly c3iscussed Possibility of reducing the Cor.unission to five rn�mbers. Rec�ived resignation efi�ective ir�ediately of George Hosfield due to his pending rnove from the State. Gave no indication of prefer_ence f_or any of the prospective applicants. Curr_ent Cornmission consists of John Gutllrie, Gregg Hannah, Dick Iiassel, Jo Ellen Hurr, and Gloria i7cDonald. � Council P7eeti.ng - Septernber 12 , 1977 � i7ayor Van Nest rnoved, Pesek seconded, to appoint APPOINTr4ENT John Hammerel, 4045 Bayside Road, to the Planning John Hammerel � Cor,uaission to fill Diane Dunlap' s unexpired terr.l to December 31, 1979 . r4otion, Ayes (3) -� Nays (0) . a � � ]Zi;c;lli,I�R I�7F,E`1'IP1G OF 'Plir ORONO COUNCIL, SEPTrP1BER 12 , 1977 Page 24 i�9r. . J11ari Olson, 11ssi�tant 13uilding & 7oni.ng STATUS REPOIt'i'S ' 1ldrainistrator, inf_ormed the City Council that the following items were being reviewed by the Planning Commission for action at a later date: Surrunit Station, PRD (Herrick Circle) land use plan amendment, r�zoning and street vacation; R. Berger_son, 1065 iJorth 11rrn Lane, var_-iance; Donald Eckstrorl, 2140 Sixth Avenue North, subdivision; Pic A Pop, 3465 Shoreline Drive, variance; G_lenn Upt.on, 1015 Linden Lane, v��riance; narr_ell Stcwart, 3185 North Shore Drive, variaTice; Fred Iiola:��k, 3325 Si_xth Avenue North, condit.ional use; Ski Tonka, Inc. , 4680 }3ayside Road, conditi.onal use per_r►it, Phase II; David Filkins , 1180 Lyman I�venue, variance. i4r. Greg Frank, City I?ngineer_ , stated that plans ORONO-LONG T�I�KE � for the Orono-Long Lake interceptor are comp7_eted IN'1'ERCEYTOR and have been forwarded to the Pietrol�ol_itan Waste Control Corunission for their review. r4ayor Van Nest requested that the Orono--Long Lake interceptor plans and addei�dum #2 be �ntered on the following Council agenda for Council review. t � t ' RFGULI�R P9I�F',`PING OF TI1}; ORONO COUNCIL, SEP'PEMBFR 12 , 1977 Page �5 Mr. Greg Frank, City I:,nc�i_neer, in£ormed the RING ROUTE City Council tliat Plans & S��ecifications will pe ready for Council review at the�.r October 24 , 1977 Council meeti.ng for the Ring Route. ��ir_ . G7_-eg Fr��nk, City Lnginec�r, informcd the l 7�RVTI•.W 1'RO,J3sCT City Council that lze is preparing a leti�er to � C��uncil reviewing the Farview pr_oject. P•?r. Greg rr_a�1k, City I:ilgineer, r��L�orl:cd t�h��t �.11.. U, f'1P1'1,IC1�'l'LON the F.A.U. , etc, is being proc�ssed. Dick l3enson, City Ac?ministrator, i.ilfoLrned the ri'i'C ]3US ;HFL'1'1�',R City Council of a letter received f_rom the � Metropolitan Transit Commission regar_ding the P9TC Bus Shelter, dated August 19 , 1977, which states : "The Iietr_opolitan Transit C�;�uni_ssion has r_�viewed the results of the August 8, 1977, bid o��eni_ng, and }ias decided that it will not a�-�ard a contract for the purchase and construction of 100 passenger waiting shelters during the upcoming fall and winter. The decision not to award a contract �aas based on a low bid far in excess of the P4TC' s estimate of the cost and a stipulation by the shelter supplier calling for a time extension which � would not ensure installation of the shelters in time for use during the upcoming winter season. This situation partially arose f-rom the fact that only one shelter manufacturer showed serious interest in the project. � The MTC proposes to re-advertise for bids for a shelter project early in the first quarter of 1978. The project will call for the pur_chase and instal- � lation of 150 to 200 shelters, and the earlier bid opening will allow full use of the summer � construction season. Those sites which had been selected for the 1977 project will be given higest priority for inclusion in. the next project. �ae apologize for any inconveniences which the delay in the implementation of the shelter project may cause. " Fnd of letter s < < � �12F(�U1,I�R I�1I;I,TING OF `l']3E ORONO COUNCIL, SEPTEi�1F3ER 12 , 1977 Page 26 ! T�utler moved, Pesek seconded, to reschedule the RESCHEDULED COUNCIL rf�gular Council meeting of October 10, 1977 to MFETING r'uesday, October 11, 1977, due to Octoher 10 being October 11 , 1977 • 'olurnbus Day, a legal holiday. Motion, Ayes (3) - rlays (0) . � � Butler moved, Mayor Van Nest s�conded, to ��ppr_ove SFT'1'T,i;I��1ENT the final StiPulation of Settlement with Nor_thdale Northdale Construct.i_on � Construction Company, Orr-Schelen--P�ayeron, Cif�y of Oi:ono, and 'taayne R. Long. P��otion, Ayes (3) - � r,lays (0) . � � Dick �3enson, City Administrator, informed the SIGNIFICANCF REGUI.ATTONS City Council that we are in r_eceipt of a letter � from John Boland, Chairman of t}le Metropoli.tan Council, dated Iluyust 22 , 1977, which states : � . "In 1976 , the Legislature passed the P�Zetropolitan Significance Act which required the preparation � of the Metropolitan Significance Regulations by the Metropolitan Council with the Land Use � Advisory Committee. � A public hearing on drafted Regulations was held before a Hearing Examiner on July 19, 1977. The � Examiner found that the issues raised at the �learing were of such a nature that corr�ction could be accomplished only after another hearing � on a new draft. A second public hearing was conducted by the Hearing Examiner on P4arch 16 , � 1977. The Examiner' s report on the 1977 hearing found the second draf_t of the Regulations to � be generally acceptable if some modifications were made. � S Enclosed is a copy of a Council staff report in which the hearing Examiner' s findings are � discussed and modifications to the drafted Regulations are recommended. The report will � be considered by the Council' s Physicial Development Committee at its 1: 30 P.M. meeting � in the Council Chambers on Wednesday, August 31, 1977. � • The Cor�mittee would like you to read the report and to bring your concerns regarding it to the � August meeting. If you cannot attend the meeting, please send your written concerns to + Robert Hoffman, chairman of the Physical Development Committee, in care of my office. " � A?nd of letter � � � • � � i:i;�,i)�,:'.IZ i•1T,E'PING OF TIIE ORONO COUNCIL, SEPTEi-1BFR 12 , 1977 Page 27 � Dick I3enson, City lldmin.istrator, inf_ormed the r1LTROPOLITAN COUNCIL City Council th��t we are in receipt of a letter T3UDGET MFF.,TING f_r_om Jo}zn Bolarid, Chairman of the Metr_opolitan • Council, dated August 29, 1977, which states: �, "A 1978 Metro�olitan Counci_1 taork Proc�ram and _IIuc�et -----___---- -- --- has l�een proZ�osed. The Council will hold a ptiblic � lzearing to receive comments on the proposed work program, budgeted for $5. 96 million, on Wednesday, 1tt Septemher 14, 1977, at 5 : 00 P,M, i_n the rsetropolitan Counci.l Charnher_S , 300 A7c�tr_o Sc�uare I3ui]_diiig, � 7th ,�_nd IZ��I��>�_t ;�tl:r��ts , St. Pau7_, h1i_i�zlcs�ta 55101. � Col�ies of the ��?�o��osed 1978 jdork Program and Budget � are availab]_e free of charge from the Council ' s Public Information Office at ?_91-6464. � 1�11 interested persons are invited to participate • in the hearing and offer their comments. �Je • encourage you to call the Council' s public hearing coordinator at 291-6482 and let us know in advance � if you wish to speak. Those who register first will be scheduled to speak first. Written corn-r�lents � may also be submitted until September 16 , 1977. I hope that you will attend this hearing and offer your comments. Alternatively, I �ncour_age you to � send written conunents to me. " � End of letter. � � Dick �3enson, City Administrator, entered into the CHERRY AVENUE LAKE ACCE� record a memo from Chief Kilbo concerning the f► petition of the Cherry Avenue lake access, which states: • , • "I have reviewed the petition dated August 17, 1977 and I have made an on-site inspection and reviewed � the police files. � I found one complaint dated June 8 , 1975 at 01 : 46 A.M. from Mrs. White of 3908 Cherry Avenue. She reported � swimmers at the beach. The policeman found four teenagers leaving the area and informed them there � was no swimming after 10 : 00 P.M. � I found another complaint dated July 3, 1976 at � 11: 14 P.P1. from Howard White of 3908 Cherry Avenue, regrading swimmers. The swimmers left when the � police asked them to l�ave. � (Continued) � � � � � , . � ;�!�,(�UT,AR MEF,TING OF THE ORONO COUNCIL, SEPTFMI3ER 12 , 1977 P<3ge 28 + I found i�wo complaints in 1977. The first one CI3T,RRY I�VLNUI� LAKT ACCFS �,��as on June 12, 1977 at 1: 51 P.M, from Howard (Continued) � White. The complaint involved a jeep stuck on • i.he beach. The owner had called a tow. A citation for launching at the publi_c beach was ! issued as the beach was clearly marked. The second complaint dated June 26 , 1977 was from � Nirs. White of 3908 Cherry Avenue, regarding dogs bothering swimners . The officer rec�uested � one person to remove her dog from the water. No other animals were seen. � • `1'hese are the only complaints on fi1_e in our office. From the police department' s view, � this area does not s�em to warrant closi.ng of the beach. " � End of inemo • ' Council Meeting - September 12 , 1977 � P,sayor Van Nest moved, Pesek seconded, to refer the Cherry Avenue lake access matter to the � Park Commission for their co��ments. Motion, Ayes (3) - Nays (0) . • � r �� • • � v � � ,��;r;�Ji,/�� ,�1};1�,"1'ING OF TI�E ORONO COUNCIL, SEPTEP�]BER 12 , 1977 Page ?_9 � Di_ck F3enson, City 7�dministr_ator, informed the FLOOD INSURI�NCE STUDY City Council of a letter received from the �,partment of Housing & Urban Development _egarding Flood Insurance Study, dated August 29 , � _1977, which states: � "This letter confirms the intention of our Flood �� Insurance Specialist, Larry L. Bailey, to attend a public meeting, r�onday, Septemher 26, 1977 at • 7 : 00 P.M, in the Orono City Council Chambers. � `lhe purpose of the meeti_ng is to discuss the Orono, ` ;�1i.nnesota Flood Insurance Study and answer general questions regarding the National Flood Insurance S Pr_ogram. Represc�ntatives of the nepartment of Natural Resotzrces and the study contract.or will � also be there. � ��Te have enclosed a sample news release which you • may wish to use to publicize the meeting in your local newspaper. Also we suggest that special � t�otices be sent to financial institutions, i_nsurance agents, and real estate brokers servicing � your community as these groups have a special interest in keeping abreast of the cortmunity' s � status in the program. � please 1_et us know if there is alzy oth�r information �ou ne�d in advance of the meeting. " � ` � End of letter � Dick Benson, City Administrator, informed the SUBURBAN PUBLIC HEALTH City Council of a letter received from the NURSING SERVICE � Suburban Public Health Nursing Service, dated August 31, 1977, which states : � . "In recognition of loss of statutory authority to operate as an official agency on December 14 , � 1977, and in support of the Community Health Service Interim Advisory Committee' s recommendation, � members of the Suburban Public Health Plursing Committee wish to go on record as favoring the � joint powers organization for governing and providing public health nursing services to � residents of suburban Fiennepin County municipalities. � We are pursuing necessary steps for incorporation � of Suburban Public Health Nursing Service as a non- profit organization. This action will enable the � Suburban Public Health Nursing Service to function as the interim agency thus ensuring continuity of '� service. Such action will grant the Suburban Public ��ealth Nursing Service legal authority to negotiate service contracts with the County of Hennepin for � Community Health Service programs and with the joint powers organization; it will allow for purchase of � service by independent entities. (Continued) � � , � ;.},G[�L?�R :�lEl,TING O1' `PHE ORONO COUNCIL, SEPTEMBr,R 12, 1977 Page 30 � i•tembers of the Nursing Committee along with members SUBURI�N PU]3LIC IiEAL`PIi of the nursing staff would welcome an opportunity NURSING SFRVICE to meet with your City Council to discuss the (Continued) • operation and services of the Suburban Public Iiealth Nursing Service. We invite your call to � ar_range such a meeting. " � End of letter � A member from the Subur.ban Public Health Nursing • Service will be present at the September 26 , 1977 Cot�i�cil m��t> >lg. � � r3utler moved, Mayor Van Nest secorldeci, to hold PU}3LIC HEARING DATE a public hearing collcerning the 1977-78 I�lavar_re Navarre Drive�-In TheatrE � nrive-In Theatre License on I�?oizday, Octoher 2�Y , 1977 a� 7 : 00 P.M. i�loi�ion, ?�yes (3) - N�:ys (0) . � � Dick Benson, City Administrator, inf_ormed the LIQUOR STORE RF�'ORT . City Council of statements for the Liquor Store operations for the second quarter of 1977 compared � to the second quarter of 1976. . . The statements also show the six months year to date � � results for 1977 co�npared to 1976. � For t he sc�co�Id quarter of 1977, gross sales are $2 � 167 over 1976 , sales discounts are $893 over � 1976 , and net sales are $1, 274 over 1976 . Year � to date figures for 1977 are under 1976 except for sales discounts. Expenses for 1977 to date � are $2 , 561 over 1976 due primarily to the increase in the store rental (up $1,200) and insurance � (up $2 , 062) . � During June, the installation of the credit card � system was initiated but it will be some time before any conclusions can be drawn as to the � general effect on sales and profits. The existing l0o discount days may have been responsible in part � for the increase in sales volume of the second quarter of 1977 over 1976. � � Mayor Van Nest moved, Butler second�d, to approve TRANSFFR � a transfer of $10, 000 from the General Fund to the Equipment Outlay Fund, per Resolution #500 . � Motion, Ayes (3) - L1ays (0) . � Dick Benson, City Administrator, informed the BIG ISLAND VETERAN ' S � City Council that we are in receipt of a letter CAP'iP . from Commissioner Russell R. Green concerning � the Big Island Veteran ' s Camp dated August 30 , � 1977, which states: (Continued) � � . _ _ STA'TE OF h;ItiN�:�O"1'A p�-�ye 31 , . • . � _., �'��terr:r;s .4ff„irs _� �f ICe /1'I��l�r��l��J�)Z j;t.;i'Afi1 ,,1F;N'T - - - _ _- ------- . �� • A] 1 '��c-�r,bei-s, Big Island Board of Governors � DA'rF: g/30/77 � All t;c-mhers, Veterans Advisory Comrnittee • r�/� � D ^, r�- ` n ' _ •'-'. 1� � . ��) t ��.J� � \ �Li�tt -�'t._ � - ... . - - - ' " 1 1�'RO,d : j i�ussell R. Green I : : P1�0'vF.: ., ' U�J .. , -- - - �Jb z;s3 - -- _ ___ � Co�;::njssioner ��G � � � j�- � / tit1I3J}•:(;'I': Futui e P1 :�nninn, fiig Isl .:�nd ��tezaris�C�,�p �J:;�'i�i�Q a � _ _. _. _._, - - - - - ---- - -----. :e � 1 . On Septer�::ber 18, 1975, the Department of Veterans Affairs iss��ed a report on the operation of the Big Island Veterans Cac,p (copy eaclosed) . The � reason for this report was to �familiarize the Legislature with some of • the history of the car�p, and of the necessity of ch:;nging the Chair��nship of the Board of Governors. � 2. Because of this ret�ort, the Legislature a�r�ended the Statutes governing � the operation of the Eig Isl<�nd Veterans Car�p, <�nd placed it under r_he � j,�risdirt �on of the D��partment of Veter:ns Affairs. � They approprj:�ted funds to operate the camp and to make impi-ovcme��ts to t},e property. �� 3. '1'i�e Eoard of Gov�rnors refused to sign the deed of the c:mp over to the State of 2;innesota and, subsequently, be�an a court action, still pending. � The Depart�Lent of Veterans Affairs informed the House and Senate Co�unittees � on Veterans Affairs of this lawsuit, and the Chair,nen of those two committees, The honorable Howard Olson, Senator, and the Honoarable James Rice, Represent- • ative, indicated they would like to study the camp during the interim. On Zlednesday, August 17, 1977, the camp was visited by members of the two � co:nmittees; and at that time the Honorable George S. Pillsbury, Senator of District �j42, whose district covers the jurisdiction of the Big Isl�nd, � presented to r�e a copy of a report to the Hennepin County Corrnissioners, dated July 6, 1972, from Stanley R. Cowle, who at that time was CcUnty � Administrator (copy �nclosed) . This report to the County Com;�:issioners , dealt with the operation of the Big Island �'eterans Camp, and indicated that the Chair�an, Mr, [dalter Quist, had indicated that the ca�p had appror.imately • $32,000 in its fund at that time. We now know from a profess�onal audit, conducted at my insistence in 1975, that the Big Island Veterans fund in � 1972 1-iad to be appro�:imately $90,000. Mr. QUist relayed to Mr. Cowle and, st�bsequently, to the County Bcard that it was his opinion that the veterans' � lack of enthusiam for the operation of the camp, and of the declining anount � of money in the fund, would permit the camp to be transferred to the Aennepin Count}� Park Reserve District within a "few years". No action was ever begun by the County or the Big Island Board of Governors, to seek legislation to ncco;:plish this transfer of title �,�ith or kithout using a stipulation that the camp be ��r.�itted to er,ist until the �•eterans voluntary cease to operate � tne ca,:,p. � � . � . , — 2 — P,-��c 32 � � ' � 4. The last paragr.3ph of 1�ir. Cowle's report jndicates that the County Eo;�rd should seek, by whatever means necessary, the transfer of the deed of the � Rig Island Veterans Camp from the Board of Governors to the Nennepin County Park Reserve District. Additionall_y, he reco�nr��nded that the � County should continue to support the camp by its annual $3,000 cor�tribution. � 5. The County did not appropriate funds this year because of the State's 1 appropriation to the canp; and I discovered in ta7king with Mr. CliSton French, Superintendc-nt of the Hc•nnepin County Parks, that based on this � earlier report by 1•1r. Cowle th�t the County has been buying up, ,3s available, every parcel of privately o�.-ned land on the island that tt;ey could afford. � In addition, they are prcpared to use right of c-minent domain to turn the ��ntire Big Island into ptiblic usage. l;r. Fr�nch feels that the land is too � s�all jn sjze for a State operated facility, but would afford to l;ennepin . County residents a public tisag'e not n�w afforded to the lak� because of all of the private o,„nership of the e.ntire shorc�line of Lr�ke ,'•;innetonka. r b. I bring this report to your attention to indicate that this Departrnent and � the State Legislature, and indeed menbers of the Board of Governors, have not been kept aware of the negotiations by �;r. Quist and the i?ennepin � County Board of Co��nissioners, which has now placed the County in a posit�on � of having purch�sed land based on the assunption that they wou7_d somcday control the .�cres owned by the Big Island Veterans Camp. r 7. I a?so �.�ould indicate that I, personally, have no objections to any � �tipu?ation on the deed that c,�ould eventually turn control of this land � o�,�er to the Hennepin County Park Reserve District at such tiTae as the veterans no longer wanted to operate a veterans camp. � � RRG:bs � Ce�ies: :'�merican Legion, Department of Minnesota t Veterans of Foreign t�'ars, Department of Minnesota � Disabled American Veter�ns, Departrnent of Minnesota Senator Howard D. Olson, Cnair�an, General Legislation and Veterans Affairs � Senator Florian Ch��ieleuski, Chairr�an, Subco,umittee on �eterans Affairs F.epresentative J�r.�es I. Rice, Chair;:an, General L2gislation & �'ets Affairs � r^,�presentative Richard J. Kostohryz, Chairman, Subco.nTittee on Vets Affairs Senator George S. Pillsbury, District �f42 � 1•ir. Clifton French, Superintendent, Hennepin County Parks � C}�ris Luzzie, Assist�nt Attorney General ?•ir. Heward I. �•ioore, Ex Officio 2•'enber, Eoard of Governors ` ?•ir. Elmer F. Hillner, Past Chainnan, Board of Governors 2�1r. Eugene Schmidt, Concerned �'eterans for Big Island Veterans Ca��p �' :�r. W. Brad �',-�n?'est, !�iayor, Vi7lage of Orono � � � � � • 1 � ! ' ',?i;�JUr�AR I•'IFFTING OF THE ORONO COUNCIL, SEPTEi�1BER 12 , 1977 P�ge 33 � Di_ck Benson, City Adrninistrator, announced the PUI3LIC I�FI�RING DA`I'E f<�llowing: Federal Revenue Sharing Funds �O'I'ICE is hereby given that the Orono City Council � wi11 hold a puhlic hearing in the City of Or_ono . Cc�uncil Chambers on Wednesday, September ?_1, 1977, at 7 : 00 P.M, concerning the proposed use of + approximately $57 , 850 of Federal Revenue Sharing rnonies for Capital Out]_ay and Health and Sanitation � s�_ipport within the Gelz�ral Fund proposed budget of $985, 538. � • All per_sons wishing to be heard will appc�ar at this ti.me. � � i�Iayor_ Van P1est rnoved, Pes�k secoizded, �o liold a ��OtZK Sl-,'SSION Council work session on the 1978 Proposed I3udget 1978 Budget � `i'hursday, September 15, 1977 at 7: 00 P.M, at the City Council Chambers. P�otion, Ayes (3) - � Nays (0) . � � Dick 13enson, City Administrator, infor_med the RESOURCE RFCOV�RY City Council that we are in receipt of a letter SEr1INAR � from County Cor.unissioner F. F. Robb, Jr. , dated `�c�pterlber 8 , 1977, which states: � �'I1i_nnesota Statutes , Chapter 473, requires each m�tropolitan county to plan for the disposal of � solid �vaste. � Resource recovery is the most promisi_ng solid waste disposal alterantive and I�ennepin County � has endorsed this concept. � To implement this system, your city' s cooperation ` is essential. In fact, several politicians have said that the main implementation problems will � rec�uire political decisions. � To bring everyon� up-to-date on the issues, a special Resource Recovery Technology and � Implementation Seminar is scheduled for this • area on September 28 & 29, 1977. This seminar is put on by the Environmental Protection Agency � and has been very well received when given in other cities. • The seminar will include topics such as municipal � � involvement, sharing of risks, cost, technology, p.�-ocurement and political issues. You and your � Council members and appropriate staf_f are invited �o attend this seminar. A copy of the seminar program and registration materials are enclosed. Additional information may be obtained from the 2✓etropolitan Inter-County Council (MICC) at 227-7651. � (Continued) � � . � �, itl:c;UT:J1R MEE'1'ING OF 'I'I�E ORONO COUNCIL, SLPT},T��BER 12 , 1977 Page 34 � I hope you and as many of your Couiicimembers , as RI,SOURCE RF-:COVERY 1>��ssi}�le, will be ther_e. Tlze success of a 1_ong SEMINAR �,r_m disposal solution de��ends on informed • ]_ected officials. " � �;nd of letter � Council I4eeting - September 12, 1977 � i�layor Van Nest conuneni�ed that Metropolitan C�tzncil ORONO COP4PElZI�Er1SIVE ` staff have agreed not to submit Orono' s SE��7ER PLI�N Comprelzensive Sewer Plan to the Physicial � Development Cornmittee until Orono has had stzffici_ent time for review. � � I�r. I3ruce i��1a]_k��rson, City At�f�orlic�y, stated t.hat D'JR RU_f,ES & R�?GULA'1' IONS the attached letter was submitted to t,he � Office of Hearing Examiners concerning proposed . Department of Natur_al Resources Rules & Regulati.ons, dated 1�ugust 26, 1977 . Pages 35 & 36 � � • Dick �>c nson, City Rdministrator, informed the LEHMAN ASSESSI�1r�N'1'S City Council that we are in receipt of a letter 2416 Carman Street � from Mr. Edward T. Lehman, 2416 Ca nnan Street, �a�ed August 6 , 1977, which states : � "I was requested by the Village Manager to send a � letter about the village' s intentions of chaizging • the commercial assessment on my property which has been rezoned residential. � Last year, I went before i�he Council and the Acting � Mayor, Mr. Massengale, said the commercial assessment on my residentially zoned property � was an oversight and would be taken care of immediately. I was told to contact Mr. Benson, � which I did. Mr. Benson told me he would look . into it. He is now requesting this letter. . I would like to know when my assessment will be changed, and when I will be refunded for the � commercial taxes I have paid on my property which is zoned residential , a I would appreciate action taken �n my _request. � Thank you. " � End of letter � Council Meeting - Sept�mber 12, 1977 ��aff will document the facts and submit a rccommendation to Council at the next Council � meeting. r � � . . . . P,�c�e 35 ` i�OF'1iAM, F�AIK, SCHNOBRICH, K�ur=��nN � DOTY, LTD. � ..�_�r:E . ��r� �.c�.� <3 a 4 �D 5 C E N T E R I.�.�I�^()N O A. H A 1 1( . � '�vccaw. scHNouaicM MINNEAPOLIS, MN 55402 1G�21335-U73� 1 J C t J V C F K A U r M A N Gt.vID 5. DOTY 7ELECOPiER • HVyEi7T A, ralr�15N 1612) 339-5630 HOL�E h.wOPtDEN G. �•,<.RC WMITEHEAD • E+PVCE D.WIlUS ' fRf_DERICK S. R�CHAFtDS (+pNALD C. E�MOUIST ! G. �1CBERT J01+rv50N �..�.._ ,. GARY R. MACOMHER • '��:NCRT S. BURK ;�� Cl; ' __ (� � ,�7 r f l�F_UCRICH C. fjFOWN 1 I +� I?c�lrCE D. NALMCFtSON � 1(,�� {� �� ~� !j] J.-.1+IE5 R. STEiLF_N E <J l.7 1 � � J�.�sES B. LOrr,�+nRT 7� y.. n 7 7 � /�ll_CN W. HINDE�7tiY.f_R �)1]�)Llsl� �� J / / '� • C Lif�OHD M. G AF_ENE , p_ INILI!.4M M.�U�tr�AN �'lU� �� I �' _Ir�iL � '�,/,�_1_.�.,�rc ��- �1.��-it�� `..r_ �J � i�ir . Ho��.�ard L. Ka.i_bel , Jr . ' • O�fice of I�caring Examiners • • . 1745 University I�vcnue � St . P�.ul , Minnesota 55105 � RE : In th� I�Iatter of the Adopi.ion of Pro��osed Rules Contain.ing Standards and Cr.iteria for , Granting and Denying Pennits to Change the • Course , Current or Cr_oss-Section of Public �vaters Proj�os�d NR 5020- 5029 - - ---_ __ __ ---- --- - --- - — - _- • D:-ar '�ir . K�i � bc�l : � - `i�he City of Oroi�o has recently received copies of the � proposed rules of the Department of Natural Resources for • , work in the beds of public waters . �ae are also in receipt of a Notice of Hearing, executed on behalf of the Department . of Natural Resou�-ces setting the hearing dates of Septernber 7 and S�pter��r 21, 1977, with respect to the proposed rules. � At the regular monthly meeting of the City of Orono � on August 22, 1977, the City Council expressed their concern with respect to the short amount of time availale to review � the lengthy rules pr_oposed for adoption by the depar�mcnt. . Thcse rules will directly affect tne activities of the City wnich works closely with the Depar�ment of Natural Resources • in coordinating action with respect to various permit matters govern�d by these rules . � . � The present No�ice of Hearing indicated that written � � r�aterials may be submitted during the five days aiter the clo:,c- of the hearing. We believe that this conunent period is entir�ly r �oo short to p�rmit the City' s attorneys and engineers to � r�view the rul�s and pl-ovide ;,�eaningful co��rents. � � � � � � . � � P•�cic� 36 � ;�ir . I3o�•.�a�-d L. Y�� i_)�el , Jr. F�y�� T•�ao l�u��ust 26 , 7971 � � � I�ccorc3in��]-Y � the Ci_ty ('onnc � l h�.s di_rected �nE� to a-�.<,ucst � ihat written� co�ilments be accepted for a period of 90 �3ays fr_om September 7 , 1977, or w�til approximately D�cember 7 , 1977 . � It i s my u»�7c�rst_��nd.ing o f the rules of the Of_ f-ice of � I��,�iring Fxaminer that the }learing record itself can rc_�nain o��c�n unly 20 days after the clos� of tl�e hearing. I woul_d therefore � r-�quest that the above hearing be recessed after the Sepi�e�nber • 21 h��ring date and formally adjour_ned at some l.ater dai�e in � �>rcier to provide this additional co�tinent pel-iod . � ��;h_i]_e �t}1e requested co�r�nent period is substantial , � th�se rules wc.re under preparation within the departrnent for a substantial I��riod of time as w�l_l , t4e l��lieve that the � ��dditional period requested for cor,un�nt woul d be in the best • i_nterests of the ef_ fect�d local aovernm�ntal units as �,�ell as all interested citizens . � I am sendi ng copies of thi.s 7.etter to the Deparf.�nent of � Nat.ural R�sources in ord�r to advise them of our request. • Th�nk you. � Very truly yours , � � - f Bruce D. ?,;a1_kc�rson Attor.7�y ior the City of Orono � � BDM:gam • cc: Ronald D. I�arnack, I�letro Reaion Headqtlart�ers � City Council Walter R. T3enson � � � r � � � � � � � � � .. , � ► r � �i�I;GULI�R I�]-;I:T1 ,r�G O�' 'PI3F ORO'VO COUNCIL, SLPTI;i�II3ER 12 , 1977 Pa�e 37 � I�r_ . Br�ice Malkerson , City 1�ttorney, discussed PLATTING ORDINIINCE i.he P1<ittiizg Ordinance st_at� ng that he will be �evic�winy this w.ith staf:f thi_s �aeek. � � Pesek rnoved, Mayor Van Nest seconded, to approve LICFNSES the following licenses : P�Zotion, Ayes (3) - Nays (0) . i Latterner Excavating - Plumber & Sewer Hookup � Stant Plumhing & Iieating - Plumber & Sewer Hookup ' Cigareti�e Li_cense Transfer � Orton H. Wisegarver - Kellers Country Market � formerly 12-Hi Market � 3. 2 Beer Off Sale License Transfer ` Orton H. Wisegarver - Kellers Country Market for_�mer_ly 12-Hi A4arket � a Butler rnoved, Pesek seconded, that the A11 Funds BILLS . Ac<.ount�s 5725 through 5814 , 1331 through 1377, 19581 & 19582 and Liquor Store 12_093 through � 121?_9 , be ��aid. P1oti_on, I�yes (3) - i�,Tays (0) . � �utler �:�ov��d, Pesek secone�ed, i hat the n��eti_ng Ai�JOU��ZN��IENT ` �e adjou7-iz�d at 11: 00 P.M. I✓otion, Ayes (3) - ! Nays (0) . � � y / �. / � illiam B. an Nest, Mayor � � � Attest: �� aalte Benson, Clerk-Administrator � � � � � � � � �