HomeMy WebLinkAbout09-26-1977 Council Minutes � . �-
• CITY OF OilO?d0
� P.egular P�leeting of the Orono Council , 7 : 00 P.M.
Septer;iber 26 , 1977
� The Orono Council met on the above date with
the following members present: P4ayor Van Nest,
. Councilmembers Butler and Piassengale. Absent:
Councilmembers Paurus and Pesek. Also present:
� City Administrator Benson , Assistant Building &
Zoning Administrator Olson, and City 7lttorney
� [9hit�head. Councilmemb�r Pesek arrived at 8 : 30 P.r�.
�
• I3utic�r rnov�d, I9assengale seconded, that the i�INUTES
I�iinut�s of the Regular I�ieeting of August 22 , August 22 , 1977
� 1977, be approved, i-sotion , Ayes (3) - Nays (0) .
�
Butler moved, rlassengale seconded, that the MINUTES
� riinutes of the Budget t�ork Session of August 30 , August 30 , 1977
1977, be approved, i4otion, Ayes (3) - tlays (0) .
Butler moved, Massengale seconded, that the PIINUTES
� Minutes of the Public Hearing of September 7, September 7, 1977
1977 , be approved. P�Iotion, Ayes (3) - Nays (0) .
�
Mayor Van Nest noved, Piassengale seconded, that MINUTES
tl�e P•Zinutes of the Budget P7ork Session of September 15 , 1977
Septernber 15 , 1977, be approved. P4otion, Ayes (3) -
� Nays (0) .
1•Sassengale r�loved, Butler seconded, that the MINUTES
I�sinutes of the Public Hearing of Septerlber 21, Septertber 21, 1977
1977 , be approv�d. P-iotion, Ayes (3) - Pdays (0) .
�
� I•Srs. George ^�lastny, PZs . Patti King and 2�Is. Lita SUBURBAN PUBLIC HEALTH
• �rievans , representing the Suburban Public Health NURSIN(� SERVICE
ilursing Service, were present to discuss the
organization.
� Ms. Patti King conmented that due to loss of
statutory authority to operate on December 14 ,
� 1977, the Suburban Public Health Nursing Service
• is in the process of incorporation as a public
non-profit organization. By incorporating, the
� Suburban Public Health Nursing Service will ensure
continuity of service to the residents of our
� comr.�unity.
� (Continued)
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jlEGUL1�R T9EETING OF THE ORONO COUNCIL, S�P'lEP1BER 26 , 1977 Page 2
In the coming year, it is expected that Cor.ununity SUBURBAN PUBLIC HEAL'7'H
licalth Services funding will provide for in-home NURSIN� SERVICE
�nursing care to ill and disabled persons and (Continued)
health promotion, teaching and counseling services
to persons of all ages . We have requested United
� Way support for our home health aide program and
partial support for health consultation to day care
� centers (health education) . To residents of
municipalities with corporate membership in the
� organization, Suburban Public Iiealth Nursing
Service, Inc. �eill provide irununization clinics,
child health cliizics and health education i . e.
• I�ealth consultation to day care group homes and
rnore extensive health promotion, teaching and
� counseling services.
� The draft of our proposed budget for 1978 is
enclosed for your review. Estimated revenue fror:l
* municipalities is based on a rate of 35� per
capita. Also enclosed are two copies of a
suggested resolution for 1978 membership in
Suburban Public Health Nursing Service, Inc.
� With the reorganization of Suburban Public fiealth
Ilursing Service, there is urgent need for early
response by r,�unicipalities relative to mer,lbershiP
in the new corporation.
Butler moved, P4ayor Van Nest seconded, to adopt RESOLUTION #824
Resolution #824 , A Resolution Relating To i�ertber- Suburban Pdursing
� ship In Suburban Public Health Pdursing Service, Inc.
P-�otion, Ayes (3) - Pdays (0) .
i�ir. Alan Olson, Assistant Building & Zoning SUBDIVISION
Adr�linistrator, informed the City Council that 2608-2610 Mapleridge La.
� Resolution #712 , adopted September 13 , 1976 , #114
• expired P�'Iarch l, 1977, before the subdivision Kern Hoppe
for �:ern Hoppe, 2608-2610 P4apleridge Lane,
was finalized. A letter from Mr. Hoppe's attorney
dated September 14 , 1977 , states extenuating
� circumstances and requests extension of the
approval. Therefore, the attached resolution
� reaffirms the prior approval and conditions.
� Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION �825
. Resolution #825 , A Resolution Approving The RLS - Kern Hoppe
Registered Land Survey, for Kern Hoppe, 2608-
2610 P�apleridge Lane. Motion, Ayes (3) - Nays (0) .
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RI,GULAR ?ZEETING OF THE ORONO COUNCIL, SEPTEt2BER 26, 1977 Page 3
Dick Benson, City Administrator, informed the FLOOD INSURANCE
City Council that we are in recei�t of a letter
� from the Department of Housing & Urban Development
dated August 29, 1977, which states :
"This letter confirns the intention of our Flood
Insurance Specialist, Larry L. Bailey, to attend
a public meeting i•iollday, September 26, 1977 at
7: 00 P.M, in the Orono City Hall, City Council
Chambers.
The purpose of the meeting is to discuss the Orono,
Minnesota Flood Insurance Study and answer general
questions regarding the National Flood Insurance
, Program. Representatives of the Department of
2Jatural Resources and the study contractor will
also be there.
4Je have enclosed a sample news release which you
may wish to use to publicize the meeting in your
local newspaper. Also, we suggest that snecial
notices be sent to financial institutions ,
insurance agents, and real estate brokers servicing
� your comr.�unity as these groups have a special
interest in keeping abreast of the community' s
status in the program.
Please let us know if there is any other information
you need in advance of the r.�eeting. "
t End of letter
Council Meeting - Septeriber 26 , 1977
i•ir. Larry Bailey, representing HUD, Ms. Patricia
• Bloomgren, representing DNR, and P4r. Larry Dahlen,
representing Barr Engineers , reviewed the Flood
S Insurance Study.
S i�Ir. Bailey commented that "this is a preliminary
presentation and within ten months , the program
will be finalized_ All cities are required to
comply to minimum standards outlined by HUD and
if cities do not comply, Federal funding is not
, jeopardized if there are no homes in the approved
flood plains. P�Zr. Bailey commented that no
� construction should occur below elevation 932. 0,
and if homes are located below this elevation, they
would require flood insurance. The City would have
90 days to oppose the study and one year to appeal
the flood plain areas. "
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kEGULAR P4E�TING OF TIiF. ORONO COUNCIL, SEPTEi4BER 26 , 1977 Page �
Mr. Alan Olson, Assistant Building & Zoning SUPIMIT STATION PRD
I�dr-iinistrator, entered into the record the following (Herrick Circle)
mer.to concerning Sunr,�it Station PRD (Herrick Circle) �k152
dated August 16 , 1977, which states:
Cor.ipletion of the replatting of Herrick Circle, to
be known as Summit Station, will require the following:
l. Council action to extend the May l, 1977 , dead-
line of Resolution #726 , to allow the f_ollowing
steps. Final plats are now on file with the
S City and the sewer is in operat.ion. The City
Engineer will supply a letter of final acceptance.
S 2 . Planning Commission review of the proposed
honeowner ' s agreer,lent and open space easements
over Outlots 1 & 2 . Outlot 2 also should have
an underlying access easement to �he City as
the proposed drive will be the only access to
the six lots .
3. Planning Conunission public hearing (scheduled
for September 19, 1977) to be held concurrently
on the land use plan ar:�endm�nt, rezoning and
street vacation .
�
4 . Council action, in order:
a) Resolution arlending the land use plan within
the framework of the comprehensive guide plan-
b) Ordinance rezoning frorn RR-1B to R-lA
c) Resolution vacating fierrick Circle Street
d) Resolution approving the Surimit Station plat
5. Staff collection of park fee and reimburserlents ,
before signatures on the plat drawings .
6. Applicant recording of the plat.
� Council PZeeting - August 22 , 1977 . .
Extended deadline date 90 days , to Novenber 22 , 1977.
Planning Commission P�ieeting - September 19, 1977
' Reviewed proposal. Recommended approval of land
use plan amendment, rezoning ordinance, plat
vacation and final plat drawing. Recommended
approval of same.
Staff - Septertber 20 , 1977
Discussion with Bruce iialkerson, City Attorney.
Plat approval should await receipt of easement
�ocurnents and title opinion. Council should
review the petition for plat vacation. (Continued)
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kLGULAR 1•�i�r'I'ING Or 1HE ORONO COUPJCIL, SEPTEPiBER 26, 1977 Page 5
Couilcil I9eeting - SePtember 26 , 1977 RESOLUTION #826
Herrick Circle
� Butler raoved, P9ayor Van Nest seconded, to adopt (Continued)
Resolution #826, A Resolution Vacating The Plat
Of Fierrick Circle In The City Of Orono. i�otion,
Ayes (3) - Nays (0) .
P��r. Alan Olson, Assistant Building & Zoning VARIANCE
Administrator, stated that on September 12 , 320 iaoodhill Road
1977, i1r. White asked for time to get his #275
professionals to prepare a written stater;lent Robert F. White
concerning the reasons why the chosen location
is required concerning this variance request
at 320 �,loodhill Road.
i�layor Van Nest moved, Butler seconded, to
table the request of Robert �9hite, 320 [aood-
hill Road, until October 11 , 1977 , to allow
` applicant to be present. Plotion, Ayes (3) -
P1ays (0) .
;
Massengale moved, Butler seconded, to adopt RESOLUTION �827
Resolution �827, A Resolution Vacating Part Of Street Vacation
s Central Avenue In The City Of Orono, for Hamilton Moran
Hamilton rioran, 296� Casco Point Road.
r;otion, Ayes (3) - P1ays (0) .
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Butler moved, Massenqale seconded, to adopt RESOLUTION �828
Resolution �828 , A Resolution Vacating Part Of Street Vacation
Central Avenue In The City Of Orono, for Stewart Perry
Ste�aart Perry, 2975 Casco Point Road, r4otion,
Ayes (3) - Nays (0) .
Butler moved, I�iassengale seconded, to adopt RESOLUTION #829
Resolution ,�829, A Resolution Vacating .Part Of Street Vacation
Central Avenue In The City Of Orono, for James Hartzell
Jar,�es Hartzell, 2987 Casco Point Road. P7otion,
Ayes (2) - Pdays (0) . P�ayor Van Nest abstaining.
r1r. Alan Olson, Assistant Building & Zoning
Adriinistrator, submitted a resolution to the
City Council granting a dredging permit to North
Shore Drive P4arina for Council approval.
D4ayor Van P1est r�loved, Butler seconded, to adopt RESOLUTION #830
Resolution #830, A Resolution Granting A Dredging North Shore Drive PZarin�
Perrnit To North Shore Drive r'Iarina, subject to Dredging Permit
dredge material to be removed from the watershed.
�No spoils to be deposited on the applicant' s land.
Motion, Ayes (3) - Nays (0) .
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� REGUL:'�R TiFETING OF THE ORONO COUt1CIL, SF.PTLt7F3ER 26, 1977 Page G
� Mr. Alan Olson, Ilssistant Building & Zoning VARIAt�CE
Adrninistrator, entered into the record the 1065 rlorth Arm Lane
follo���ing r�lemo concerning a lot area and width #298
• variance for R. K. Bergerson, 1065 North Arm R. K. Bergerson
Lane, dated August 24 , 1977, which states :
� �i�he applicant is requesting a variance for
� construction of a new home on this property,
Tracts A & B are now separate parcels and would
� have to be combined. The combined parcels exceed
800 of the requ.i_red one acre area, but are only
� 76% of the required 140 ft, lot width.
� The proposed house meets all the setback require-
� r��ents. One note is that the garage doors face
the County road. Access to the County road
� would require County approval. There appears
to be ample room to px�ovide a turning area so
• that the actual curb cut can be off Linden Lane
. thereby reducing potential traffic problems.
� Variances : Lot area required - 43 , 560 sq, ft, ; Actual - 36 , 817 sq, ft.
Variance - 6 , 757 sq, ft. = 150
a1 Lot width required - 140 ft. ; Actual - 107 ft.
Variance - 33 ft. = 24%
�
Planning Commission P7eeting - September 19, 1977
�
�Recomrlended approval with Linden Lane access , lot
coribination and no other variances . �iardship -
� no additional land available.
� Council P�Ieeting - September 26, 1977
� r7assengale moved, Butler seconded, to approve
the variance request of R. K. Bergerson, 1065
� North Arm Lane, per the Planning Commission
. recommendation of September 19 , 1977. P�Iotion,
Ayes (3) - Nays (0) . .
�
� Mr. Alan Olson, Assistant Building & Zoning SUBDIVISION
Administrator, entered into the record the 2140 Sixth Avenue North
� following memo concerning a subdivision request #299
of Donald Eckstrom, 2140 Sixth Avenue North, Donald Eckstrom
� dated August 24, 1977, which states :
� This proposal is for the division of a 5 . 14 acre
� parcel into two lots, both of which exceed the
rninimum two acre lot area and 200 ft. lot width
� requirements of the RR-1B zone. The land is
currently vacant although a house used to be
� located on what is now designated Lot 2. A well
�it remains near the existing power pole.
(Continued)
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� RI:GULAR P1F,ETING OF THE ORONO COUNCZL, SEP`1'Et1I3ER 26 , 1977 Page 7
� There are no wetlands on the property. There SUBDIVISION
is an existing access drive on Lot 2. I�ny new 2140 Sixth Avenue North
drive onto Lot 1 would require County permit. (Continued)
� A park dedication fee should be required for this
division. A public hearing has been scheduled
� for September 19 , 1977, at 7 : 30 P.M.
� Planning Commission l��eeting - Sept�mber 19 , 1977
Neighbor to west concerned about his well located
close to property line and also concern if horses
� would be allowed. Because horses require a
� r��inirnur�l of three acres in this zone, a variance
and conditional use perrnit would be required by
� separate application. He was also concerned with
actual survey line and with hill and access to
� Lot l. An easement may be required over Lot 2 to
conbine accesses. A drainage plan should be
• subnitted to ensure proper drainage to the property
� to the west. No County reply on access to date.
Reconr��ended preliminary approval subject to County
� access approval, drainage easement or plan, and
park dedication fee.
•
Mayor Van Nest r:ioved, P2assengale seconded, to approve
� tlie preliminary subdivision request of Donald Eckstrom,
2140 Sixth Avenue North, subject to:
�
Coru�on access for Lots 1 & 2
2 . Adequate drainage easements
� 3. Hennepin County access approval
4. City Engineer review
� 5. Park dedication fee being paid
� P-iotion, Ayes (3) - Nays (0) .
•
• idr. Alan Olson, Assistant Building & Zoning VARIANCE
Adriinistrator, entered into the record the 3465 Shoreline Drive
� following memo concerning a sign location #300
variance for Pic A Pop, 3465 Shoreline Drive, Pic A Pop
� dated August 22, 1977, which states :
� Applicant requests a variance to place a new
• 4 ft. X 6 ft. sign atop an existing pylon located
35 ft. from the County road centerline (2 ft.
� inside the property line) . The sign as proposed
would extend over the right of way by approximately
� 12 inches, which is less than the 6 ft. plus
projection of the existing sign.
�
I am enclosing a copy of the memo ior Item �257
� which involved a very similar request for a sign
�ariance at Christy Realty next door to this shop.
(Continued)
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� REGULAR i1EFTIN� OF THE ORONO COUNCIL, SEPTEI�ER 26 , 1977 Page 8
� Planning Commission P4eeting - September 19, 1977 VARIANCE
3465 Shoreline Drive
Recor►r,iended approval due to location of existing (Continued)
• pylon on edge of parring area and to assurances
that sign will be moved if City should ever so
� request.
� Council Pdeeting - September 26 , 1977
� Butler moved, r7assengale seconded, to approve the
request for a variance for Pic A Pop, 3465 Shore-
� line Drive, per the Planning Commission recommendations
� of September 19, 1977. Motion, Ayes (3) - Pdays (0) .
�
P�Ir. Alan Olson, Assistant Building & 7oning VARIANCE
� Administrator, entered into the record the follow- 1015 Lind�n Lane
ing r.�emo concerning a lot area and width variance �301
� for Glenn Upton, 1015 Linden Lane, dated August 25 , Glenn Upton
. 1977, which states :
� The applicant is requesting a variance for construction
of a new home on this property. The pr_operty consists
� of three lots combined into one tax parcel. The
lot was previously occupied by a home which burned
� down several years ago. The lot is sewered.
• There is an existing non-conforming garage on the
�property which lacks sufficient setback distance
to the road and the north property line.
� Mr. Upton has submitted two plans for consideration.
His "preferred plan" locates the house near to the
� lake between the two adjacent homes. This is on
the slope to the lake at the approximate location
� of the previous house. The lot is narrowest at
• this point, but the proposed house meets all the
required setbacks.
� The alternate plan is for your consideration should
� the first plan be unacceptable. In this proposed
location, the slope is much flatter and the lot is
� wider so as to afford less crowding of the structures.
Here, too, all required setbacks �aould be rlet.
�
• Variances : Lot area required: 43, 560 sq, ft. ; Actual - 31, 110 sq. ft.
Variance - 12 , 450 sq. ft. = 29%
� Lot width required: 140 ft. ; Actual A - 54 ft.
Variance - 86 ft. = 61�
� Actual B - 87 ft.
� Variance - 53 ft. � 380
�
� (Continued)
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� REGULAR r7�ETIr1G OF TI�E ORONO COUNCIL, STPTrP1BER 26 , 1977 Page 9
� Pl�nning Commission I9eeting - SePter�ber 19 , 1977 VARIANCE
1015 Linden Lane
Reconunended approval of variances for "preferred (Continued)
• Plan" subject to no setback variances. No other
land is available and sewer serves this site.
M Council P�ieeting - September 26 , 1977
�
Butler moved, Mayor Van Nest seconded, to approve
� tlle variance request of Glenn Upton, 1015 Linden
Lane, per the Planning Comrnission recoinmendations
� of Septcriber 19 , 1977 , riotion, Ayes ( 4) - rlays (0) .
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� P�1r. Alan Olson, Assistant Building & Zoning VARIANCE
Administrator, entered into the record the 3185 Plorth Shore Drive
� follo��ing r.lemo concerning a lot area and front ##302
setback variance for Darrell Stewart, 3185 North Darrell Stewart
� Shore Drive, dated August 24 , 1977, which states:
� The applicant is requesting a variance for construction
� of an addition to his existing home which is located
approximately 20 ft. from the County road right
� of way. The proposed addition would not reduce
this setback, but it would follow along the road
� for some 60 ft. at the same 20 ft. setback. The
proposed remodeling would relocate the garage from
� the present location to an area farther east where
. i�here is less of a view obstruction. The new curb
cut would require County approval. The proposal
requires Tracts G & H to be combined, application
for which was made June 9, 1977, as part of the
� previous determination of the buildability of
Tract G.
�
Variance: Lot area required: 43,560 sq. ft. Actual - 39 , 660 sq. ft.
� Variance - 3, 900 sq. ft. = 0. 90
• Front setback required - 35 ft. Actual - 20 ft. .
. Variance - 15 ft. = 430
� Planning Commission �ieeting - Septerlber 19 , 1977
�
Recor�uaended approval due to no reduction in existing
� setback and betterment of driveway access.
� Council P�ieeting - September 26, 1977
� Butler moved, Massengale seconded, to approve the
� variance request of Darrell Stewart, 3185 North �
Shore Drive, per the Planning Commission recor.►-
� mendations of September 19, 1977. Motion,
Ayes (4) - Nays (0) .
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• R}:GULAR r1EETI?JG OF TH� ORONO COUNCIL, SEPTFMBFR 26 , 1977 Page l�
� 2�Ir. Alan Olson, Assistant Building & Zoning CONDITIOr7AL USE PF,RMIT
Administrator, entered into the record the 3825 Sixth Avenue North
� following memo concerning a conditional use #303
� Perr.�it for a green�Zouse for Fred W. Holasek, Fred W. Holasek
3825 Sixth Avenue North, dated Auc�ust 24 , 1977
r which states :
� The applicant is requesting a conditional use
permit for construction of a new greenhouse on
� his property. The property is in tlie RR-lA
five acre zoning district and exceeds five acres
� in area. A conditional use permit was issued
� in 1974 for the ex.isting greenhouse structure and
operation as per the enclosed minutes .
� The proposed greenhouse location is just do�vn the
f 11i11 behind the existing garage and greenhouse
staked over the existing flower and sweet corn
� <3arden. P1ote the designated wetlands in the area
• which narrows down to a ditch at this location.
The proposed location exceeds the required 26 ft.
� setback from the wetlands and the required 50 ft.
side yard setback.
�
Planning Commission I�Zeeting - September 19, 1977
�
Recomr,�ended approval. Applicant meets intent of
� five acre zone and meets all setbacks. Enhances
• the agricultural use of the land.
� Council r7eeting - September 26, 1977
� rSassengale moved, Butler seconded, to approve the
conditional use permit for a greenhouse for Fred
� W. Holasek, 3825 Sixth Avenue North, per the
Planning Corunission recommendations. Motion,
� Ayes (4) - Nays (0) .
�
Mr. Alan Olson, Assistant Building & Zoning CONDITIONAL USE PERMIT
Administrator, entered into the record the Ski Tonka, Inc.
� following memo concerning a conc�itional use Phase II
perrnit - Phase II f_or Ski '�onka, Inc. , 4680 #304
� Bayside Road, dated August 24 , 1977, which
� states :
� Pursuant to Council direction, the applicants
have reapplied for a conditional use permit to
� authorize use of the east slopes of the ski area,
known to the City as Phase II. Similar applications
� have been before the Planning Commission and Council
since 1973, when the City becarle aware of unauthorized
� construction and expansion onto the east sloPe area.
� (Continued)
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� REGULAR idEETING OF iI�E OROP10 COUNCIL, SEPTEPIBER 26 , 1977 Page 1_1
� Since that time, the staff and Council have CONDITIONAL USE PERi�lIT
repeatedly asked for information required by Ski Tonka
� ordinance to deteri�ine the extent and effect of (Continued)
• this expansion on this operation and the neighbor-
ing residential area. Because of a lack of
� response by the applicants, the last application
was denied by Planning Commission in February of
� 1977, and Council on P�iarch 3, 1977, also requested
a new, complete application.
�
Council has set a public hearing for September 19 ,
� 1977 at 8 : 00 P.P�4.
� Planning Cornmission P4eeting - September 19 , 1977
• Owner Lee Primus was present. Discussed application
� and previous troubles with renters, Neighbor asked
about prior permit on east slope. Primus stated
� that he did install systems without permit because
• he was unaware a permit was required on "farm
property" and because he hoped use would be
. authorized soon. Neighbors expressed concern
about extent of expansion. �9ere informed that
� application covers existing four tows only.
� Recorunended approval subject to all requirements
of Chapter 69A and to existing access only - no
r change in parking proposed.
� Council Meeting - September 26, 1977
� Butler moved, P4assengale seconded, to adopt RESOLUTION #831
� Resolution #831, A Resolution Approving Ski Tonka - Phase II
Conditional Use Permit For Operation Of A
'� Ski Area By Ski Tonka, Inc. P�Iotion, Ayes (4) -
Nays (0) .
�
�
� mhe Park Cor�mission has changed their regular PARI: COP�I�4ISSIOid COPZMFNTS
monthly meeting from the third Tuesday to the
� first Tuesday of each month.
� No corunents from the Human Rights Cor.imission. HUP4AN RIGHTS COMP�ISSION
� No coi:u�lents from the Lake i2innetonka Conservation L.P4.C.D.
i District representative.
, }3utler moved, i�iassengale seconded, to appoint APPOINTi4Ei1T
Thomas Frahm, 2520 Casco Point Road, to the Planning Commission
� Planning Comraission to fill the unexpired term Thomas Frahm
of George Hosfield. i�Iotion, Ayes (4) - Nays (0) .
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� R�GULAR I,IEETING OF TIiE OROPdO COU2ICIL SEPTETIBER 2 6 , 19 7 7 Page 12
� P�r. Alan Olson , 7lssistant Building & Zoninc� VARIANCE
Adr,iinistrator entered into the record the follow- 1180 Lyman Avenue
* ing rnemo concerning a lot area variance of #305
� David I'ilkins, 1180 Lyman Avenue, dated August 31 , David Filkins
1977, which states :
� The applicant is requesting a variance for construct-
� ion of a new house and detached garage on this lot
off the end of Lyman Avenue. '�'he lot exceeds the
� minirnum 200 ft. lot width and the proposal rneets
all required setbacks. The lot ar_�a is 1. 565 acres
� (6£3 , 171 sq. ft. ) according to the surveyor. The
• percolation tests and borings indicate occasional
high water table close to 3 ft. frorn the surface.
� This indicates a rnount type septic system which
should be reviewed and approved by the engineer
� prior to any variance. The access to this lot is
over a private road off the end of Lyman. The
� road passes through the ��roperties of ti�hitehead,
• Pexa, and perhaps Bergerson before reaching this
lot. Evidence of private easements for this access
� should be required prior to any variance.
� Lot area required: 87 , 120 sq. ft. ; Actual - 68 , 171 sq. ft.
Variance - 18, 949 sq, ft. = 220
Planning Commission Meeting - September 19, 1977
�
• Received letter from soils engineer. Recommended
approval subject to access easements being obtained
� and to City Engineer' s approval of septic system
design.
�
Council Pdeeting - September 26 , 1977
�
• Butler moved, r4assengale seconded, to approve the
variance request of David Filkins, 1180 Lyman
� �Avenue, per the Planning Commission recommendations
of Septer.lber 19, 1977. Motion, Ayes (4) - T7ays (0) .
�
� 2�Ir. Alan Olson, Assistant Building & Zoning VARIANCE
Adrtinistrator, entered into the record the 2425 Scotch Pine Lane
� following memo concerning a front setback variance #314
+ of Douglas Hill, 2425 Scotch Pine Lane, dated Douglas Hill
September 13, 1977, which states :
� The applicants are constructing a new house on
� this property pursuant to variances granted by
Council on October 25 , 1976, regarding lot area,
� widLh and setbacks. This variance rec�uest is
for construction of a swiruning pool within
� the required 50 ft. front yard (street) setback.
� There is no other practical location because
the side and rear yards are completely filled
� with utility lines and the septic syster�l. (Continued)
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� REGULAR i�1EE'iING OF THE OROPJO COUNCIL, SEPTEI9BFR 26, 1977 Page 13
� The pool request should have been included with VARIANCE
the original variance , but was not. I3ecause of 2425 Scotch Pine Lane
� the previous action on this property, you may (Continued)
� wish to act on the item without the customary
work session. Neighbors have been notified for
� this meeting.
� Planning Commission P4eeting - September 19, 1977
� i�ir. Iiill present. Presented favorable petition
frorn neighbors. Recommended approval as no other
� location available. Pool will be drained into
• a tank truck when required.
+ Council Meeting - Septenber 26 , 1977
� Butler noved, Pesek seconded, to a�prove the
variance request of Douglas Hill, 2425 Scotch
� Pine Lane, per the Planning Comnission meeting
i of September 19, 1977, and also to request Mr.
Hill to provide a fence or living hedge, if at
� all possible. i�Iotion, Ayes (3) - Nays (0) .
Navor Van Nest abstained.
� 1
?dr. Alan Olson, Assistant Building & 7oning VARIAPICE
� Adninistrator, entered into the record the 1640 Shadywood Road
following memo concerning garage setback #292
� variances for Gerald Finn, 1640 Shadywood Gerald Finn
Road, dated August 11, 1977, which states :
• t��r. F'inn is requesting variances for locating
� a proposed garage so as to avoid removal of some
existing trees. Referring to the drawing sub-
� nitted, note that the north property line passes
! through the center of the existing driveway and
very riear to the north side of the house. The
' existing shed is intended to rer,tain for storage.
The "existing retaining wall" was being newly
� installed this afternoon and effectively covers
the only area suitable for placing the garage
� a�aay from trees and within all setback require�.ents.
I think you shc>uld carefully look at the site and _
� come to your own conclusions , but do note that
• the garage as located is only 12 ft. from the
oak and well under the drip line, as well as
� being within the front setback area.
� Idrs. Finn advises tliat they have four cars and
a notor home which normally park on the property.
� Be advised that the house is a legal non-conforrning
� duplex with the Finns' living quarters on the first
� floor and an apartment, now occupied by their
daughter, on the second floor. Also note the
attached letter concerning an expanded office
� use in the basement. (Continued)
i
•
� ,
� REGULAR MEEiING OF THE ORONO COUNCIL, SFPTEIIBER 26, 1977 Page 14
� Planning Commission Pdeeting - September 6, 1977 VARIANCE
1640 Shadywood Road
a Commission was interested in the proposal for (Continued)
• its desire to protect the trees, especially
an oak, and to not adversely affect the house;
• but were concerned with the building height, the
im�act upon the public and the neighbors and the
� accuracy of the oak tree location.
� Recommended approval subject to receiving a
letter of no objection from the neighbors and
` because the location appears to protect the most
• trees and provide a turn-around on site to
prevent backing into traffic.
# Council Pieeting - September 12 , 1977
�
Council discussed application and Planning
t' Cornr�lission recomnendations . Neighbors opinions
. had not been received and Council wished to look
at site again so item was tabled until the
* September 26 , 1977 rieeting. Later in evening
applicant appeared with letters from two neighbors
� and was advised that item would be reinspected
and be on the next agenda.
• Council Pdeeting - September 26 , 1977
� Butler moved, 2�ayor Van Nest seconded, to approve
the variance request of Gerald Finn, 1640 Shadywood
� Road, per the Planning Comraission reconr.lendations
of September 6, 1977. Motion, Ayes (3) - Nays (1) .
� Councilmeriber Pesek Nay.
�
• P�Ir. Alan Olson, Assistant Building & Zoning STREET VACATIOr1
Adr.iinistrator, entered into the record the Hill Street
M following merno concerning the Hill Street A. T. Esco
vacation for A. T. Esco, 300 Crestview Avenue, 300 Crestview Avenue ,
� dated September 20 , 1977, which states:
� Enclosed is a copy of a completed resolution
forra vacating that part of Hill Street abutting
� the Esco property located at 300 Crestview
• Avenue. . The vacation was approved by Council on
i�iay 10, 1976. The resolution was never adopted
+ because all conditions set forth by Council were
not met until recently.
• Pesek moved, Butler seconded, to adopt Resolution RESOLUTION #832
� #832, A Resolution Vacating Part Of Hill Street Hill Street Vacation
East Of Crestview Avenue. I�Zotion, Ayes (4) -
� ilays (0) .
�
�
a
�
� , �
� REGULAR r4EETIPdG OF THE ORONO COUPJCIL, SEPTEI�IBER 26 , 1977 Page 15
� t1r. Alan Olson, Assistant Building & Zoning TAX FORFEIT PROPERTY
Administrator, entered into the record the Tracts A, B, G & V
� following memo concerning tax forfeit Parcels Casco Point
• A, B, G, & V on Casco Point, dated September 22 ,
1977 , which states:
• Tracts A, B & G as individual sites are sub-
i standard. None meet the area rec�uirements;
however, through lot rearrangement, one would
'� be able to arrange two lots meeting all zoning
• requirements . The attached map indicates the
areas and assessrnents of these three parcels.
� Although the areas for two building sites would
� be adequate, we might have another problem on
these particualr lots that shoulc� be resolved.
� It appears these lots have hecor.le a holding pond
for water in the area. Originally, I believe
� the storm water d�'ained toward the east into
• the lake. The properties to the east of the
subject tracts have been developed some time
� in the past. �Jhen these properties were
- inlproved, adequate drainage was not provided
� for the three tracts , A, B & G. Subsequently,
the holding pond.
r
• 6��e might consider altering the existing drainage
design, but it might be somewhat costly and also
� who would be responsible for this cost? This
drainage problem should be confirrled by the engineer
� and public works director, however. This is only
ny conclusion after reviewing the site. �
r
If the City rnakes the decision to correct the
� drainage problen, I imagine the cost would be
� assessed to the properties benefited which
would be Tracts A, B & G.
� Council might also consider retaining �.hese as
� a holding pond for storm water runoff and
filtration.
�
The situation with Tract V is sorlewhat different.
� This lot meets area and width requirements. A
i great portion of it is marshy, however. It
might be difficult to locate a residence meeting
� all setback requirer:lents.
� This Tract V could probably be used as a building
site. 6Je might consider permitting the Tract
� to go up for sale.
� The attached map indicates the area and original
� assessments of the subject lots. As a reference,
I have indicated the area and assessments of
� several other similar lots in the i < <ediate area.
Also attached is a record of the unpaid assessment
� balance of the respective lots shown on the rnap. (Continued)
�
� ,
` i:�,GULAR MEETIPdG OF T}�E ORONO COUNCIL, SF.PTEP9BER 26, 1977 Page 16
� Council P9eeting - September 26, 1977 TAX FORFEIT PROPERTY
Tracts A, B, & G
� r9ayor Van Nest moved, Butler seconded, to retain Casco Point
• Tracts A, B, & G on Casco Point for recreational (Continued)
purposes and Tract V to be reviewed by the legal
� department. Motion, Ayes (4) - Nays (0) .
�
t�ayor Van PJest rnoved, Butler seconded, to adopt RESOLUTION #833
� Resolution �#833 , A Resolution Requesting That The Comprehensive Planning
I-letropolitan Council Grant Orono A Community Grant
r Conprehensive Planning Fund Entitlement. P�Iotion,
i Ayes (4) - Nays (0) .
• Nir. Alan Olson, Assistant Building & Zoning WAYNE PEmt�JRSON LETTER
� Adrninistrator, informed the City .Council that the 1359 Park Drive
City is in receipt of a letter from i�r. & P1rs .
i ��'ayne B. Peterson, 1359 Park �rive, dated
• S�ptember 20, 1977, which states :
� "I would like to bring to your attention a
violation of our rights. A permit was issued to
� Ed Newton at 1365 Park Drive for a non-perr.lit
use. He and his family are being allowed to
� live in a mobil camper' on his property on which
• a house is being constructed. He was granted
this permit without going thru the proper channels.
• By proper channels , I mean first writing a letter
to you requesting time at a rneeting. I was told
� i�r. ilewton just presented his side at the meeting,
out of turn, and was not on the agenda. Secondly,
� considering we are the closest neighbors and have
to view their camper at all tines, we were not
� notified of his rec;uest. We were not notified
. in any way. Ha.d we had the opportunity, we would
have attended the meeting and contested his
� request for nany reasons. One of which has to
do with his sewage disposal. ��1e feel- his permit
� should be revoked and we will be happy to attend
any meetings so that eae may have a fair chance to
� stop what is going on. Please notify us to let
us know if we will get this opportunity at 331-4375. "
�
• End of letter
� Council r�eeting - Septelr�ber 26 , 1977
� Mayor Van Nest comr.�ented that the City has
granted temporary permits for these situations
� previously, subject to all codes being adhered to.
If health or other violations are evident, the
� C�ty will notify P�r. Tdewton of these violations
� immediately.
�
�
s
� , �
� RrGULAR i9EETING OF THE OROI10 COUi1CIL, SEPTEIIBER 26, 1977 Page 17
� i7r. Alan Olson, Assistant Building & 7oning STATUS REPORTS
Adrninistrator, informed the City Council that the
f following items were being reviewed by the Planning
• Cor,znission for action at a later date: Jack Rhode,
1410 Bohn' s Point Road, variance; Engner Johnson,
� 360 North Arm Lane, subdivision; Donald Scott,
200 Willow Drive South, subdivision; Robert
� I3arvey, Sr. , 4660 ��atertown Road, subdivision;
Platting Ordinance; Victoria Grain Company,
� 500 North Arm Drive; James McCleary, 3445 F3ayside
• Road, dredging application; Colpepper Land
Company, 40 Orono Orchard Road North, subdivision;
• Douglas Dayton, 1480 Sixth Avenue Plorth, subdivision;
Sidney Rebers, 2060 GJayzata Boulevard, subdivision;
� Durwell Vetter, Big Island, subdivision; Kelly
Avenue Holding Conpany, 2505 Kelly Avenue, conditional
� use; Christine Beck, 3820 Cherry Avenue, variance;
fi. Iiankinson, 3265 Carman Road, variance; P2ark
� Jensen, 1520 Minnie Avenue, variance.
�
� P�r. Greg Frank, City Engineer, stated that we FARVIEt-a ADDITION
have completed our final review of the Farview
� Subdivision and recomnend approval subject to
the following conditions :
�
• 1. The developer make a payment of $137. 12 to
Orono to cover costs associates with signs
• and street sweeping.
� 2. The developer make a payment of $218. 20 to
Orono to cover our engineering fees associated
� with reviews, approvals, etc.
3. The developer post a bond equal to 50 of the
• project' s cost, which is Orono' s policy. �9e
recomr.lend that a bond of $2, 000 be obtained.
� Council A4eeting - September 26, 1977 ,
+ I�iayor Van Nest moved, Butler seconded, to release
� developer' s irrevocable letter of credit in the
amount of $57,150. 00, subject to the engineer' s
� recoi-unendations. PZotion, Ayes (4) - Nays (0) .
�
� l�layor Van Nest entered the attached letter into
the record. received from Lil] � an Bonander, 3220
� Pdorth Shore Drive: Pages 18 & l�
� (Continued)
�
�
�
�
�
� �
• � REGULAR MEETIPJG OP' iIiE ORONO COUNCIL, SEPTEP�IIER 26, 1977 Page 18
� Septembar 15, 1977
•
S '�'y first stunn�er on 2�.5a.;�.,eI1 Bay wae 1969, having xi�oved lnto mY
home in J�auazy of that ycar.
• �
• The �;r.itcr in the Iake w�s clear, good firm sand bas� irom shore to
end of dock� clean sandy shore, free of e}:ce�s weeda, algae a�d txash.
w �:o stagnant standing vr3ter - a constant �rashing of the shora �v�-�a�z wi�ds
Frevailed.
�
� ?�ock a.-ran�ei��ent at �'oz-th Shore t•2a;ina �s dizferent tban the new
t'�cy crected at a later date. �?efore the new insta,llation, the boata
� �-,>cre docked in a �ifferent position - no an�ularly to the ea_tending
� docks. t�'e now do rot get a tv�.shing af our shores for ziddance of
�_ccumlating debris. T�e dacks and boats act as Ureak��.ater to t.�:e
i balance of adjoining prap-�rtiea.
� Fishfng in those early years was great - cou13 catch a mess every day
� �11 season Iong. Spa��rning t�r�s p:ev-a2ent. ��'e cot:ld see tbe Su.zaies
• �a:��1i�g egg6 z1I t�:ru the pre-hatc�-�fag time. �'re even e.-ected p�Ies in
t�<e �;�ter near seve:al farrti.lies f� process sQ t�at our �randchild�en
� ���auldn't c�isturb t�er*2 �nd also so they cou?d w-atch the process. After
?��atcl-�i�g - thousands of E.ngerlinga �yere in o�ar shallow shore, and all
� ser�*��r lon�, t��e S�n<�3.c s - adults - ti:oLld nibble at the c�ild ren's
� feet t;hsle s�,3��ni�g a^d �Iaying in nice clean water ai�d bQttom of
the lake.
•
� Tben iar�e the dredging. T'he f�Ilo�z-ing year, there ;;ras a defiaite
c�nge Qccurri�g in �he sl�ore lf�.e, th$ sand base in the Iake proper,
� L�d thru t�e �e�t fo�ar years, bec?n_e r�uddier, sili�iier, dirfier
� and w�ediez {ne� types seemed to have been introduced�, ar_d walki-
i�g to the end of the dock one r,�o�Id sink 10" to 12" in mu�dy substance -
� almost clay-like. �'o r�ore �sh - no more spatvning - no inore
• finoerlings - and no mo:e decent �,�ter for sr�rir�aniag. r is!�i�g, after
about � s�r-.mers s�ri�d to xeturn a�d again �.^ere able to �ecure
� a fe� �.sh - not manp, b�t enough for an occasional r.eal, but ths
� b�se never rEfi�rned, the sil.t bottom rem�ina3 as it does toclay.
t:ow, it ap�ars to be a Gatch hasin for trash that flows from tho
� N..arina so called break-w�tex ty`�e gie�, to tbe adjoining Io�s and will
e� entu?I3y reac� t.�:� char,nel. .
•
� :V'ow, aa unnatural turn of weather in 197b deczeased the ti�r�.f.er level
and continued thru a s�ll ar,�ount of s�o��.all ia '7b ansl '�7, and whea
� sp:ing ca�e in '?7, all of t�e I�Finnetoak� �ople �-ere faced with a
. decreased shore 2e�-eI such as is c�aracteristic of our shore on hf�:-
� �eli �ay, It is difficult �o dack our boats t�is yezr �vithout their rest-
i:�g on f�e ba�tom.
�
�
�
� , ' .
, RrGLILAR MEE`PING OF THE ORONO COUNCIL, SEPTEP9BER 26 , 1977 Page 19
�
V��}:erc: dredgfn� w.�s do:�c, tr.ere fs undaubtcdly cleeper watcr and ha�
• �ot reached the low leval on other property. Thero is no fishing -
� no sr,rixnming b�cause af thQ state of decay c,-ith the r.�_any r_e�v tygo ot
wceds aecumulati:�g nnd the silt havin� only a tew inche$ o� water over
• it. ar.3 thQ trash and such flotizting in our I.nud.
` Z'fq pro�rty o�Y-n_ers are tiinlling to �aait it out for A!�-turQ to rc�Icnish
� t�o lake • which aItivays occurs since thc3 st�rt of tin:e. There has been
� �n ir.cr�a�o of deg;,h sir.CQ tlie x�infall this ILsrpc;iod� ar_d �.f �-�e look
for�,�ard to r,+i�t�:r conzi�g ���ith some Iarge sno�vfkllQ, can look forl�ard,
r �-�r2�aps to a cor_ni�g back af tl�e la?;e, Thero �rill alu-ays be a rise ai�d
• fal2 of �nt�r depths in thQ �eneratio:�s to cor�e, and v•e wiZl 1�`-e to
lea�n to accegt ft, �-'ov.-etr�r, t�e 2��rin`s c�n't take tbe �ecre��ed
� I��:e lei�cl as 3n "�-ct �f God" and �Trait tor a rep_fr t� ta.L-e �Iace, but
irsist on correc�ng t�o 1��ce IeveIs, s�are �ir.e8� �nd �r�-iatcver. Thcy
� never stop to consider u�i�t effect it �rill have on ac�joinin� proj=�rfy,
� nor u=-�doubtedly cari�g. Their oaly interes� is that they ke�p ti�eir
pro;x�riy in good value - tbey h�ve �o xe�.� for depreciatian of tl�a
o:�mers surrau:�dL*:g tI;es�:. Th�ir bssincss �s �o difi�ex-�nt tl-�n any
� ot�r business t.h�t �t t� a sloc:-�p froln so:ne cau3e or �nvther. you
s��o�zld �.avz to �vait it out �ad do tra best �vith tiv?�at }�u have us�iil t�-�a
� change occurs,
� ��e rnzy end up �;-i�h a s:,Tam�y zrea, but not tl�e I'�'�-.ari�as. :��y .:•ill
�
� j�at 'r,eep o� cired�in� a�d ured;ia4 t�ntil they hL�-e r�ie:ed everyo�io
elses prop�rty, b�t m�intain their ou�n. �'�e find stivirnrzers from baata
� d�ck�.d at the A�:.arina zcal}dng da�c>n our s�orc3 Iine to find docl�.s v��ero
� t�e wat�r is cle�er a.� clearer. a�d usi�g �ur progerty to enj�y
thernselr-ea. If t�e A�iari�.s ��t a deep Ia;:e level fn �roat of tl:eir
� pr�per�y c�o+ acco�n�c�afe ��eek-e�l boater�, a�d i.is�st a� r�.ini�g
� t:�e �joining share iines� t�ey better all get to�et'r:er z�d dr�d�e t�e
enti�ct area f�am the Z��ari�as to the channel, so tbat pro�er�y owners
� and �.x pai-s:s can enjoy their shorelines a�d their bozts the «ay the
� s,�eel;-a�3 boaters do. Z�'e dan't have commercial income Eo ��S* for
rsuy dredging� but �,� conti-nue to cle�n up the shores of bo�tles , brol:ea
� gl4ss, cans. �Gper cups and otber floa�ing debxis �very h�o�d�:y- - it
� is something to see/ Iet the�n cozrie clean it up after a ��ee?:-end.
� CoirLmercia2 estab2is�r_ze�ts will contineially t;eep tryi�g to c�:nge
z� uni;r�rse until t��y xzin ft for ever}roae. C,o�-ernments are ca��
� ceraed �bout �Iear.ing up the Oceaas - and we c�Z�t evEn clean up
� aad ma�AY��II OilT I2�:es praperly.
� It's aot good to fool ti,�ith *viof�er 1�'a�re. �=ith aiI th� hBC a�d XYZ
� ��d at.��er al��b�tie �4C�:�C1C'S .�ha co�sic'�er �:e�s�a!:�s to be ?'�t'.ers
� Qf the Z��ters rn4kinG �or decisio�s, r.3�ybe ft is tir.:o �-e I-;ave a tew
�rot��wrs of t�e �'�T�i�YS j�in in a�:d sho�.-� them t�eir errora.
� " �
/-�i'��-C:f%_�� �T� �, --�-� �--Lr"-��
� - Lillian Ean»r.der
3200 '$orth Share Drivs
� �Ti ayzata, �_i�a. 55391
� , �
� RrGULAR MEE�l�'ING OF THE ORONO COUP�CIL, SEPTFi1BER 26 , 1977 Page 20
� I•1r. Greg Frank, City Engineer, informed the City TANAGER LAKE BRIDGE
• Council that we have reviewed the subject plans
and specifications and Construction Cooperative
� Agreement between the County and Orono regarding
t11e �i�anager Lake Bridge Improvement. The plans
r are for a 36 foot wide bridge to be constructed
with its centerline offset to the west of the
� existing centerline. The east edge of the new
• bridge will extend roughly� 3 feet farther east
than the east edge of the existing bridge; while
a the west edge of the new bridge will extend
roughly 8 £eet father west than the west edge of
� the old bridge.
� On the west of County Road 15 , retaining walls
are proposed on both the north and south sides of
� the bridge.
� The finished elevation of channel bottom beneath
� the bridge will be 923. 0 , which coincides with
the existing elevation.
In regard to the Construction Cooperative Agree-
� rnent, the City is responsible for:
� 1. 50% of all land acquisition, easement, and
` �ermit costs.
+ 2 . 20% of all construction costs and design costs.
� ihe total cost to Orono is estimated to be $21, 878. 33.
� End of letter
� Mr. Don Spielmann, County Design Engineer, comr;�ented
� that Hennepin County would delay constructior. of
the Tanager Lake Bridge if construction of the
+ interceptor is delayed in order to coordinate
construction of both projects in one .construction
� year.
� Butler moved, 27assengale seconded, to defer until the
• October 11, 1977 Council meeting to allow staff time
to research rewording construction contract to
� include language allowing coordinating of bridge
and interceptor construction within same construction
� year. P•Zotion, Ayes (4) - Nays (0) .
� I�Ir. Greg Frank, City Engineer, reviewed a letter ORONO-LONG LAKE
from his firm concerning the Orono-Long Lake IrITERCEPTOR
� Interceptor, dated September 15, 1977, which states :
� "The decision that an 18" force main is required for
� the Orono line was based on hydraulic Probler.zs in
operating two pumPing stations that discharge into
� the same line. There is no greater capacity for
Orono designed into the 18" pipe. (Continued)
�
�
� , �
� REGULAR t1ELTING OF TI3E ORONO COUNCIL, SEPTI,I4I3ER 26, 1977 Page 21
� Y�hen detailed design of the puN�ping stations was ORONO-LONG LAhE
• done, it became api�arent that the Orono station INTERCEPTOR
operating with a 1G" forcer�ain could cause the (Continued)
� Long Lake station to lose the capability of pur.mp-
ing its design flow.
� .
The 13" forcernain allows a selection of purnps
� which are essentially the same for both stations. .
This means operating conditions will be such
� that the overall system will act like a single
• pumping station with two pumps and 100% standby.
+ �i�he hydraulics of a system ���hich includes two
punping stations with long force mains discharging
� a single force main is very complex. `�'hese
operating probleris were not analyzed in the
� preliminary desic�n phase of this project.
� An added benefit of the 18" forcemain is that,
a instead of 125 or 150 horsepower motors that
would be required for each of the Orono purnps
� with the 16" line, 100 horsepower motors can
be used. This results in a substantial enerc�y
� saving. Even with the 18" forcemain, the Orono
station will be unable to handle r:lore than the
� flows projected in the report and approved bv
• Orono. "
� End oi letter
� P�ayor Van Nest commented that you will notice that
the design flow used in the Addendum to the
� engineering report includes Baker Park, City of
Idaple Plain, and the Vo-Tech School which were
� to be reraoved from the design criteria for the
. Orono-Long Lake interceptor. You will also
note that they have increased the size of the
� line on the Orono portion from 16" to 18" .
� The Orono City Council feels strongly that vae
must have a complete understanding on the
� sewer service area for this interceptor as
• well as the design criteria for the flows to be
included before the project gets started. It
� has been our experience that after the sewer
goes in the ground there is no way to change the
� impact of what the sewer was designed to handle.
� The City of Orono wants to be certain that the
proposed M.U.S.A, line and Corlprehensive Sewer
� Plan are consistent with Orono' s Planning and
, Comprehensive Guide Plan.
� P9ayor Van Nest moved, Butler seconded, to enter
the Orono-Long Lake Interceptor, Addendurn #2 ,
� Plans and Specifications on the October 11, 1977
Council meeting agenda. P2otion, Ayes (4) - 21ays (0) .
w
•
� 1
REGULAR f1EETING OF THE ORONO COUNCIL, SF.PTEi�IBER 26 , 1977 Page 22
� Dick Benson, City Administrator, informed the FALL CLEANUP DAY
City Council that the City of Orono is planning October 29 , 1977
� a fall clean-up day on Saturday, OctOher 29 , 1977,
fron 8: 00 A. 2�, to 4 : 30 P.P4.
�
. The collection point will be behind the long, gold
equipr..ient shed at Brown Road Soutli and Central
� Avenue. The following items will not be accepted:
garbage, trees, brush, chemicals, or truckloads.
� Leaves and small items will have to be bagged and
tied. Newspapers and all paper products must be
� tied securely. No scavenging will be allowed.
• Or_ono residents only.
� Playor Van N�st moved, P�Iassengale seconded, to 1968 SL-1 ?�SSESSP�SFIJTS
� approve the special assessments for the 1968 SL-1
Str.e�t Lighti.ng Project. Plotion , Ay�s (4) - t7ays (0) .
�
� ilayor Van I1est moved, r7assengale seconded, to 1970 SL-1 ASSrSSM��NTS
� approve the special assessments for the 1970 LS-1
�treet T ighting Project. 1�ioti_on, Ayes (4) - 21ays (0) .
�
� I-layor Van Nest reviewed the proposed Ski Ordinance. SKI ORDINANCE
Asking the public if there were any comr_�ents. Mr.
� Lee Prir��us stated t�lat he would not take a Position
• at this tir-�e and does not want to be involved
with writing a Ski Ordinance.
! Pesek moved, Butler seconded, to ado�t Ordinance ORDIPIANCE NO. 199
� No. 199 ,An Ordinance Amending Chapter 69A Of ihe Ski Ordinance
Pdunicipal Code Of The City Of Orono Relating To
` The Licensing And Regulation Of Public Ski Areas.
P�Zotion, Ayes (4) - Nays (0) .
�
I�Iayor Van Nest moved, Butler seconded, , to table AZUSEr4ENT ORDINANCE
• until the regular meeting of October 11, 1977 the (Proposed)
proposed anusement ordinance. Motion, Ayes (4) -
� Nays (0) .
�
P4ayor Van Nest moved, Butler seconded, to table TRAFFIC REGULATIONS
� until the regular meeting of October 11, 1977 the ORDINANCE (Proposed)
• proposed traffic regulations ordinance. Plotion,
Ayes (4) - PZays (0) .
�
� IZayor Van Nest rloved, Pesek seconded, to adopt RESOLUTION #834
Resolution #834, A Resolution Providing For The Delinquent Sewer Bills
i Collection Of Delinquent Sewer Service Charges.
� i•4otion, Ayes (4) - P1ays (0) . �
�
�
� , ti
� RF�GUL71R i9EETING OF T1iE OROI�O COUPJCIL, SEPTFI�Zf3ER 26, 1977 Page 23
� Idayor Van Nest moved, Pesek seconded, to adopt RESOLUTION #835
Resolution #835 , A Resolution Providing For The Delinquent Water Bills
� Collection Of Delinquent Water Usage Charc�es .
• i�iotion, Ayes (4) - 21ays (0) .
� Dick Benson, City Administrator, informed the 1978 BUD�ET
City Council of �� following irlfornation concerning
the 1978 Budget:
�
� 'I'he total <3ino�int to be levied for the 1978 budget is $613, 069.
� This includes all debt service levies and special levies. The
breakdown by fund and purpose is as follows:
� General Fund $ 581, 476 For gei�eral purposes
� Geperal Fund 3, 616 For fire service costs �
� related to Orono' s share
of fire hall and equip.
� bonds of the serving corrrnunity
� G�neral F�_ind 454 For tinfunded accrlied
� li.ability of PERA.
� General Fund 5, 223 For shade tree disease
control.
�
Total General Fund $ 590, 769
�
� Debt Redemption Fund 20, 300 For payment of bonds and
(lst yr, of collection-1975) interest for Navarre k'ater.
� P. I .R. Fund 2, 000 For payback of Dunwoody
� (lst yr. of collection-1973) Sewer construction costs.
• Total �S 613�069
� The levy limit before the 10�'o additional levy was $538, 045. The
' � additional levy adds $69, 636 to the levy limit base. Because
� the special levies for bonds of other cornmunities, PERA unfunded
liability, and shade tree disease control are not included in
� _ = the levy limit, the amount of the additional levy needed this
� year is $43, 431. This equals a 6. 24� increase above the levy
base. The $43, 431 equals 62. 3770 of the Ievy base 10% increase
� of $69, 636. -
�
Butler r�oved, Pesek seconded to adopt Resolution RESOLU'I'ION ;�836
� 7836, A Resolution Approving The 1978 Tax Levy Tax Levy
Collectible In 1978. Motion, Ayes (4) - Nays (0) .
�
�
v .
• REGULAR MEETING OF THE ORONO COUPICIL, SEPTEI4BER 26, 1977 Page 24
� Butler moved, P�Iayor Van Nest seconded, that the NEXT COUNCIL P4EETING
next regular Council meeting will be held Tuesday, October 11, 1977
October 11, 1977 due to the fact that tionday,
� October 10, 1977 is Columbus Day. r7otion,
Ayes (4) - Nays (0) .
�
Dick Benson, City Administrator, informed the SALARY INCREASE
City Council that r4ark Stephen Anderson r'Iark S. Anderson
� started as a probationary patrolman on
February 28, 1977 and has done very well as
� a probationary patrolman. He is being evaluated
• by the sergeants.
I recor�unend that his Salary be increased to the
next step from $1, 093. 91 to $1, 132 . 51 per month
� effective September 5, 1977.
� Butler r�loved, Pesek seconded, to increase the
salary of PZark S. Anderson from $1, 093, 91 to
$1, 132 . 51, effective September 5, 1977. i�iotion,
• Ayes (4) - Nays (0) .
�
Dick Benson, City Administrator, informed the BUILDING & ZONING
� City Council that in order to fully utilize the DEPARTP�ENT
talents available of our Building & Zoning
personnel, the following changes have been
` implemented:
� P��r. Fienry P�Zuhich, Building & Zoning Administrator,
will attend all Planning Commission meetings ,
� working closely with Commission members and
applicants , being responsible for enforcing the
U.B.C. , Municipal Code, and Zoning Code.
� DZr. Alan Olson, Assistant Building & Zoning
� Administrator, will attend all Council r,leetings,
working closely with the Council, Cit�Z Administrator,
� and i��r. 24uhich, beinc� responsible for working on
special projects, planning, and other building and
� zoning functions that might occur.
� �hese changes have been fully discussed amongst
• staff and all agree that this would be a more
reasonable approach to our building and zoning
� functions allowing for a more complete continuity
among staff, Commission members , and City Council.
�
I recomriend P�r. Olson' s salary be increased from
� $15, 226. 60 per year to $16 , 000 per year, effective
September 1, 1977.
�
� In conjunction with these changes, we are in the
process of relocating various departments within
the Administration Building to provide a more
efficient operation of the Buildinc� & Zoning
� Department. (Continued)
• '
� REGULAR r9EETING OF THE ORONO COUNCIL, SI.PTI,i1BER 26, 1977 Page 25
� Mayor Van Nest moved, Pesek seconded, to increase SALARY INCREASE
the salary of Alan Olson, from $15 , 226. 60 to Alan Olson
� $16 , 000 per year, effective September 1, 1977. (Continued)
I�Iotion, Ayes (4) - Nays (0) .
� Dick Benson, City Administrator, presented the 1973-1 SEZaER CONSTRUCT.
City Council with the 1973-1 Sewer Construction
Fund Summary of Receipts and Disbursements,
� January l, 1974 through September 16 , 1977.
�
. Dick Benson, City Administrator, informed the D}�NY REFUND
City Council that we are in receipt of a letter R. J. Cherba
from R. J. Cherba, 1340 Vine Place, dated 1340 Vine Place
September 21, 1977, which states :
�
"It is requested that the amount of $3. 41 be
� deleted from my sewer account No. 1797. Although
• the bill or statement rnay have left the City
offices, it apparently never reached my residence.
� My record shows that I have been paying my bills
when due. I believe I should not be assessed
� the penalty. Thank you. "
End of letter
P�Iayor Van Nest moved, P�assengale seconded, to deny
the request of R. J. Cherba, 1340 Vine Place, for
a refund of $3. 41. P�iotion, Ayes (4) - Nays (0) .
�
� P•ir. Gary Printup, 1261 Briar Street, reviewed PETITION
with the City Council five specific petitions Gary Printup
concerning violations existing on property owned
• by NSr. Lawrence J. Quast, 1251 Briar Street,
which� state:
� "We,the undersigned residents and pro�erty owners
� of the City of Orono, do petition said City to
prornptly and directly enforce certain City
� Ordinances contained in the "Zoning Code of the
City of Orono, P�innesota, updated P�Iarch 10 , 1977, "
� and the "P4unicipal Code of Orono, D4innesota. "
� Specifically, we believe that violations exist on
` the premises owned by Lawrence J. Quast and located
at 1251 Briar Street, Crystal Bay, Minnesota, as follows :
�
l. We believe that Lawrence J. Quast is in violation
� of Chapter 34. 031 of the zoning code by keeping
• fowl on property which fails to neet the criteria
� required for an animal unit set forth in this
section. (Continued)
/ .
• REGULAR MEETING OF THE ORONO COUPJCIL, SEPTEt1BER 26 , 1977 Page 26
t 2. ��e believe that Lawrence J. �uast is in violation PETITIOPd
of Chapter 110. 70 of the P�4unicipal Code by allowing (C�ntinued)
� unsightly conditions on the land� on which the
animals are kept; by ha�rboring r_odents , flies ,
� and insects; and allowing accumulation of manure.
� tJe believe these conditions threaten the health and
welfare of the neighborhood and ask that the City of
Orono cause Lawrence J. Quast to promptly comply
� with the aforementioned codes and ordinances or
prosecute Lawrence J. Quast as provided in Chapter 110. 110. "
Petition #2
PETITION ;�2
4�hereas, significant numbers of residents and property
owners of the City of Orono, in the neighborhood of
Crystal Bay have been frequently harassed and have
been subjected to intimidation and threats against
� person and property by Lawrence J. Quast, 1251 Briar
Street, Crystal Bay, Minnesota, and
�
. ���hereas; A3r. Quast has repeatedly invaded the privacy
of the property and residences of this neighborhood, and
� Whereas, Mr. Quast appears to be in open violation of
City Ordinances and Codes , and
Whereas, P4r. Quast has allowed buildings on his
permises to be unsiglitly and in an apparent
dilapidated condition detracting from and affecting
• the property values of the rest of the neighborhood, and
� 6�hereas, nany complaints have been filed with the
City and the police, and
6Jhereas, no appropriate action appears to have been
� taken, �
� ti�e, the undersigned residents and pro�erty owners
• of the City of Orono do petition said City to
enforce against Lawrence J. Quast certain City
� ordinances contained in the P4unicipal Code of Orono,
2�innesota, Chapter 83, relating to "Disorderly
Conduct"
� Specifically, we ask that the City� notify its law
• enforcenent officials Lo carry out the enforcement
of 24unicipal Code, Chapter 83. 020; 83. 040; and 83. 050
against Lawrence J. Quast, 1251 Briar Street, Crystal
Bay, P•linnesota.
�
tiJe allege, based on personal knowledc�e or information
and belief that t2r, nuast has violated provisions
� relating to disturbance of tlle peace, profane language
in the presence of children in the City, and threats
of assault to nuraerous residents of the City and
that Peace Officers have failed to take appropriate
� action. (Continued)
s
� RFGULAR PIEETING OF TI3E ORONO COUNCIL, SEPTTi•1BER 26, 1977 Page 27
�
��e demand that if Lawrence J. Quast does not comply PETITION
with the aforer�ientioned Municipal Codes, that the (Continued)
law enforceraent officials of said City prosecute
Lawrence J. Quast to the extent of the l�w as
contained in the 2�7unicipal Code of Orono, 27innesota.
� Petition #3 PET?TION #3
�Jl�ereas, significant numbers of residents and
• property owners of the City of Orono, in the
neighborhood of Crystal Bay have been frequently
harassed and have been subjected to intimidation
and threats against person and proPerty by
Lawrence J. Quast, 1251 Briar Street, Crystal
Bay, I�Iinnesota, and
• 4dhereas, I4r. �uast has repeatedly invaded the
privacy of the property and residences of_ this
neighborhood,and
��dhereas, P�r. Quast appears to be in open violation
of City ordinances and codes, and
Whereas, iir. Quast has allowed buildings on his
prenlises to be unsightly and in an apparent
dilapidated condition detracting from and
affecting the property values of the rest of
the neighborhood, and
� t�hereas� many complaints have been filed with the
City and the police, and
Whereas� no appropriate action appears to have
been taken,
ti�e,tlle undersigned residents and property owners
a of the City of Orono do petition said City to
enforce against Lawrence J. Quast certain City
� ordinances, contained in the Zoning Code of the
City of Orono, l�sinnesota, updated ?Zarch 10, 1977.
�
Specifically, we believe that violations exist on
the prer.lises owned by Lawrence J. Quast and located
at 1251 Briar Street, Crystal IIay, r4innesota,
relating to Chapter 32. 260 of the zoning code
discussing building perr,►its.
4de allege, based on personal knowledge or information
and belief that I4r. nuast has violated the afore-
nentioned provision with regard to a ruffed in
• addition located on and attached to the west side
of his home and upon which no work has been
perforried for at least two years.
� We demand that the City of Orono, P-linnesota cause
Lawrence J. Quast to promptly and directly obtain
� a building perrnit and bond and complete his room
addition in a period of time as specified by the
City, or, without delay, remove the aforer.�entioned
material attached to the west side of his home. (Continued)
� � 1
itEGULAR ?1EETING OF THE OROPlO COUNCIL, SFPTEi2BER 26, 1977 Page 28
��hereas, significant numbers of residents and �roperty PETITION #4
owners of the Citl� of Orono, in the neighborhood (Continued)
of Crystal Bay have been frequently harassed and
have been subjected to intimidation and threats
against person and property by Lawrence J. Quast,
, 1251 Briar Street, Crystal Bay, P4innesota, and
�9hereas, I1r. Quast has repeatedly invaded the
privacy of the property and residences of this
neighborhood, and
�ahereas, P�Ir. Quast appears to be in open violation
of City ordinances and codes, and
�dhereas, P�Ir. Quast has allowed buildings on his
premises to be unsightly and in an a�parent
dilapidated condition detracting from and aff_ecting
the property values of the rest of the neighborhood,
a and
Whereas� many conplaints have been f_iled with the
City and the police, and
6�hereas , no approZ�riate action appears to have been
ta}cen.
[�e, tlie undersigned residents and property owners �
of the City of Orono do petition said City to
promptly and directly enforce against Lawrence J.
Quast certain City ordinances contained in the
iQunicipal Code of Orono, Pdinnesota.
Specific�lly, ��e ask the City of Orono to inspect
the buildings owned by Lawrence J. Quast 1251 Briar
Street, Crystal Bay, i�innesota.
� ��e al�lege, based on personal knovaledge or inforr.�ation
• and belief that i�r_ Quast is in violation of Section
203, page 27, of the 1976 edition of •the Uniform
Building Code as adopted into the iiunicipal Code of
Orono, Iiinnesota, in August, 1977, relating to
unsafe buildings.
���e demand if Lawrence J. Quast is found to be in
violation of any or all parts of the aforementioned
code, that he be promptly and directly caused to
abate said violations by rePair, rehabilitation,
or demolition and removal in accordance with the
procedure specified in chapter five (5) of tlie
Uniform Code for the Abaternent of Danc�erous Buildings
or by any other procedures provided by law.
(Continued)
�
4 ' - �
REGULAR PIEETING OF `1�HE ORONO COU?JCIL, SEPTE?ZF3FR 26, 1977 Page 29
� tJhereas , significant numbers of residents and PETITION #5
property owners of the City o_f Orono� in the (Continued)
� neighborhood of Crystal Bay have been frequently
harassed and have been subjected to intimidation
and threats against person and property by Lawrence
J. Quast, 1251 Briar Street, Crystal Bay, P�innesota, and
, �-Jhereas , r4r. nuast has repeatedly invaded the privacy
of the property and residences of this neighborhood, and
[7hereas, i�4r. nuast appears to be in o�en violation of
City ordinances and codes, and
�Jhereas, l�r. nuast has allowed buildings on his
, prer�lises to be unsightly and in an apparent dilapidated
condition detracting fr_om and aff_ecting the pr_operty
values of the rest of the neighborhood, and
4Jhereas, many complaints have been filed with the
City and the police, and
Whereas, no appropriate action appears to have been
taken.
�1e, the undersigned residents and property o��ners of
� the City of Orono do petition said City to enforce
� certain City ordinances contained in the tSunicipal
, code of Orono, P2innesota.
Specifically, we demand that Chapter 13 , page 47 of
the P�innesota Plumbing Code, Regulation P=SHD. 130
pertaining to water supply and distribution be
� prorlptly and directly enforced with respect to
the property of Lawrence J. Quast, located at
1251 Briar Street, Crystal Bay, A2innesota,
specifically, upon information and belief we
�' allege violations of r4HD. 130 a) (1) and (2)
regarding potable water supply and the prohibition
� o� non-potable water supply. -
4Je believe and allege upon information and belief
that the above mentioned dwelling is equipped with
plumbing fixtures and is used for hurlan occupancy
and habitation but is without a supply of potable
water.
ti�e wish to be alleviated of the worry and concern
of supplying potable water to Lawrence J. nuast's
prer*iises from our individual wells through exterior
faucets on our homes when we are not present.
��e demand that the City cause Lawrence J. nuast,
1251 Briar Street, Crystal Bay, ?linnesota, to comply
� with the aforenentioned codes and regulations or
be prosecuted to the extent of the law as described
for such violations. (Continued)
iK .a . . •
• R1�GULAR r1E3,TING OF TIiE ORONO COUNCIL, SEPTEi�BER 26, 1977 Page 30
� Signatures on petitions : PETITIONS
(Continued)
� Gary Pd. Printup, 1261 Briar Street �
Linda Printup, 1261 Briar Street
� Kathleen Ii. Chapin, 1355 Arbor Street
• I�arley is. Chapin, 1355 Arbor Street
Saza Peterson, 1251 Brown Rd.
� Barbara Garcia, 1335 Arbor Street
Emilio Garcia, 1335 Arbor Street
� Bob O. Johnson, 2170 Prospect Avenue
Jan Johnson, 2170 Prospect Avenue
� Charles Schoen, 1225 Briar Street
� D. Schoen, 1225 Briar Street
Roger Zahn, 1212 Briar Street
+ Anne 7,ahn, 1212 Briar Street
Lorraine Kaley, 1395 Brown Road S.
� Richard E. Kerab, 2195 Prospect Avenue
� Council A4eeting Septer:lber 26 , 1977
� PZayor Van Nest moved, Massengale seconded, to
' table until the October 11, 1977 Council meeting
the petitions presented by Gary Printup.
� P;otion, Ayes (4) - Nays (0) .
�
Ilayor Van Nest moved, Butler seconded, to approve LICELISE
the following license: Motion, Ayes (4) - Nays (0) .
�
Zachrnan Plumbing - Plumber
� •
� Pesek moved, Butler seconded, that the All Funds BILLS
Accounts 1378 through 1440, 5815 through 5859,
19584 through 19590 and Liquor Store Accounts
12130 through 12142 , be paid, r7otion, Ayes (4) -
• Nays (0) .
� ,
• Butler rloved, PSassengale seconded, that the ADJOURNPIENT
meeting be adjourned at 12 : 00 midnight.
Motion, Ayes (4) - Nays (0) .
� �,
� � ,
• . �.� ��� L
. ��illiam B. Van Nest, P7ayo
1 /
Attest:
ti�alte ' Benson, Clerk-Adr,iinistrator
�
a