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HomeMy WebLinkAbout10-24-1977 Council Minutes � • � � CITY OF ORONO Regular i2eeting of the Orono Council, 7: 00 P.M. Octobe� 24, 1977 , � The Orono Council met on the above date with the following members present: Mayor Van Nest, Councilmembers Butler, P�Iassengale, and Paurus. Councilmember Pesek absent. Also present: City Administrator Benson, Assistant Building & Zoning Administrator Olson, and City Attorney t2alkerson. � Mayor Van Nest announced that this was the time PUBLIC HEARING and place for a public hearing to consider the 1977-78 Navarre Drive-I� 1977-1978 license for the Navarre Drive-In Theatre. Theatre License City Administrator Benson presented the tlotice of Public Hearing, the Affidavit of Publication and the Certifi�ate of Mailing. rdayor Van Nest requested cor�uaents from the public present. Mr. Jerry Zell, 3680 2lorthern Avenue, noted the following problems: 1. Excessive trash 2. Excessive noise 3. Insecticide odors 4. t�iotorcycles racing through the area 5. Recorunended six-foot fencing Orono Police Chief Kilbo noted: 1. Access problems 2. Parking problems � 3. Excessive trash in the area 4. Recommended fencing of the area Chief Kilbo also corimented that the r.►anagement � has cooperated with City staff and additional policing has relieved the original problems. Mr. Kilbo also noted that since the list of conditions was laid down in Mav, the problems on the weekends dir,►inished greatly. It is apparent that uniformed guards and field supervision in the theater was necessary and has helped in relieving probler.is in the area. We did experience some problems during the �aee}c, most of which involved drinking and lack of super- � vision. When these iaere brought to the attention of the management, the management tooY. steps to alleviate the problems. The management did very well in trying to live up to the list of conditions. They coru;lunicated and worked with the police depart- ment, in one instance firing the manager. � It is my recommendation that this list of conditions be continued into the next license period. (Continued) �� R�(�ULAR'lZEETIN� OI�' TIiE ORONO COUP�CIL, OCTOBFR ?.4 , 1977 Page 2 , One problem still to be addressed is fencing. PUBLIC HEARING The r.lini-bike .and unauthorized entr�� nroblems rlavarre Drive-In Theatre �(which causes parking and other �probler.►s) can (Continued) only be controlled by a fence. If this problem is to be resolved, a �ence should be rec�uired next licensing periqd. If the Council wishes to control the content of the r.tovies shown, thev should consider adding a provision to licensing prohibiting showing of specific sex acts or activity. - I ari adding to this memo conies of reports not previously sent to you along with a report of s final disposition on the charge of f_ailure to control objectionable conduct. tdr. Irving Braverman, representinc� the Drive-In Theatre, commented that his companv is reviewing the Drive-In Theatre site studying the �ossibility of changing the use of that area with the possibility of constructing residential housing. Since there were no other comments fror.i the public present, the public hearing was closed at 7: 15 P.L�I. 22ayor Van Nest rec�uested the City staf_f to review all cor,unents entered into the record this evening and to agenda this matter for a future Council P�ieeting with the Possibility of another public hearing at a future date. t4r. Donald Doty, 341 ��estlake Street, requested to VARIAPICE be heard at this time because of an emergency at 341 iJestlake Street home. #321 Donald Doty Mr. Alan Olson, Assistant Building & Zoning Adr.iinistrator, entered into the record the f_ollowing inforr_iation concerning the var•iance request of rsr. Donald Doty, 341 T�lestlake Street, dated Septer►ber 29, 1977, which states: tir. Doty resides at 341 [7estlake Street. The property lacks a garage. He is requesting City approval to add a 24 ' �� 24' detached garage on the property. This district is zoned for t�vo acre, 200 ft. lots. The subject lot is slightly larger than 1/2 acre and is 50 ft. wide. The necessarv variances would be 1� acres for required area and 150 ft. .from �required width. (Continued) � • � R�GULAR l4EETING OF' mFi� OROtdO COUtdCIL, OCTOBER 7.4, 1977 Page 3 Side yard setback variances would also be necessarv VARIANCE as the required setback is 3D ft. and the pronosed 341 t•�estlake Street � garage would be onlv 4. 5 ft. and 21. 5 �t. f_rom the (Continued) two side lot lines.+ Pdecessarv setback variances: 25. 5 ft. and 8. 5 f t. � A variance from the required distance between � structures would also be necessary. Our ordinance requires a distance of 10 ft. between structures. The proposed location is only 5 ft. from the existing home. To locate the pronosed garage per code, it would necessitate extensive removal of nunlerous trees and bushes. I have alreadv infor-ried the applicant that if this variance were granted, � the garage would have to be treated like an attached garage. The State Building Code requires fire code sheet rock on the wall nearest the residence for safety from fire. The applicant assured me he would comply. The property to the south (Lots 7 & 19) is combined and is now occupied by a house. The pronerty to the north (Lots 4 & 5) is combined and previously was occupied by a residence which was destroyed by fire several years ago. The data presented indicates the three separate parcels have been under single separate o�•�nership since before 1967. Planning Cominission Lieeting - Octoher 17, 1977 2Sr. Doty and neighbor residing on adjoining propertj� to the south (rRr. Anderson) were present. Recorunended approval of variances. Justifications: 1. Subject property and adjacent properties to � the north and south are all under single separate ownership. 2. P10 other land available. 3. Proposed location is somewhat of a continuation Z of a line of existing side yard setbacks. 4. td�ighbor residing on property to the south (John Anderson) voiced no objection. Conditions: 1. Applicant recongnizes the fact that Planning Commission called to his attention the ir.iportance �' of applicant' s providing some protection �rom erosion and falling trees. 2. Provide necessary fire wall construction on garage walls facing residence to �rotect ac�ainst fire spreading to house (treat as attached garage) . (Continued) � It��ULAR' 2'iEETItdG OF THE ORONO COUPdCIL, OCTOB�R 2 4, 19 7 7 Page 4 � Council Pieeting - October 24, 1977 VARIANCE � Butler moved, Paurus seconded, to approve the 341 Westlake Street variance request of Donald Doty�, 341 Westlake (Continued) �Street, per the �lanning Commission recom- � mendations of October 17, 1977. t�iotion, Ayes (4) - Nays (0) . r w Butler moved, Paurus seconded, to approve the 22INU'.I'FS � Piinutes of the Regular PZeeting of Se�tember 26, September 26, 1977 1977. P4otion, Ayes (4) - Nays (0) . • i, No comments fror.i the Park Commission. PARK CO?iriISSION No corunents from the I�uman Rights Commission. HUr4AN RI�HTS COP�'IISSION � No comments from the Planning Commission. PLANPdING CO2u•iISSION + Councilmember Norman Paurus, Orono' s representative Lr4CD REPOR"' to the Lake rZinnetonka Conservation District, cor_unented that the LPiCD Board will hold their _ regular meeting i�ednesciay night and at that rleet- ing, the Dock Coru�ittee will be reviewing their Dock Ordinance. Pdr. Alan Olson, Assistant Building & Zoning SUBDIVISIOrd Administrator, entered into the record the 1860 Fox Street • following information concerning a subdivision #290 request of Lucian Strong, 1860 Fox Street, dated Lucian Strong �, October 12, 1977 , which states: • � The engineer has submitted copies of the final plat for approval by the City. Thus far, I have no A assurance of any utility easements or access � easements to Lot 1. We have previously waived the park dedication fee as both parcels are now � occupied by residences. � We could consider approving this final plat subject to receipt of the necessary mylars and hardshells � and City Attorney' s approval of the title opinion addressed to the City. The attorneys will also have 'SJ to resolve the easement issue for Council bef_ore certification. � � Staff - October 13, 1977 ` I am attaching a copyo uf the title opinion and letter from 2�Lr. tdahler, P4r. Stronq' s attorney. A � copy of this riaterial has also been f_orwarded to Bruce r2alkerson for his review and comments. � �Planning Commission P�ieeting - October 17, 1977 Recoru-�ended approval of final plat subject to Cit� � Attorney approval of title opinion and legal (Continued) � � • � REGULAR tZEETING OF TIiE ORONO COUNCIL, OCTOBER 24, 1977 Page 5 � description providing necessarv utility easements SUBDIVISION and access easement to Lot 1 - lsvlars and hardshells 1860 Fox Street �for certification. (Continued) � Council 2ieeting October 24, 1977 + Massengale moved, Butler seconded, to adopt RESOLUTION #849 � Resolution #849, A Resolution Approving �•laldron Waldron Addition Addition, for Lucian Strong, 1860 I'ox Street, 1860 Fox Street ! per the Planning Comriission recommendations of October 17, 1977. P�iotion, Ayes (4) - Nays (0) . � a PZr. Alan Olson, Assistant Buil�ling & Zoning VA�2IAPICE Adr.►inistrator, entered into the record the follow- 960 Forest Arms Lane ing information concerning a variance request of_ #315 � Fritz rullickson, 960 Forest Arms Lane, dated Fritz rullickson September 26, 1977, which states: r � 24r. Fritz Gullickson, 960 Forest Arms Lane, requests a variance on lot area and width for A property adjacent to Lots 1 & 2, cahich the City • recently approved as building sites. The lot �� lacks 21,295 sq. ft. in area and 5 f t. in width. �Ve approved Lots 1 & 2 because both were under ` single separate ownership since before 1967. �his property is currently owned by Carol Donc�oske. • ritz Gullickson is considering purchasing the property if the variance is approved. � The history of property ownership is soriewhat � different from Lots 1 & 2. P4rs. Dongoske owned the two lots, 3 & 4, in 1967. She combined the u two parcels. In 1972, she split the property again � and sold Lot 4 which was then combined with Lot 5. The remaining Lot 3 is currently substandard. • Prior to the transaction in 1972, P4rs_ Dongoske combined parcels conformed to the code. • Planning Commission �Vork Session - October 3, 1977 r Fritz Gullickson and his attorney, Roy Haglund, �i attended work session. Planning Comr,►ission reviewed proposal. Discussed propertv ownership historv. � Reminded applicant that current proposal is sonewhat � different from previous Gullickson applications on sante block. • rir. Haglund stated that application was same because � Fritz Gullickson is a separate owner of this lot. Fritz is the third �ullickson involved. � �oning Administrator informed Commission that sub�ect parcel was not always in single separate ownership. � Mrs. Dongoske previously o��ned both Lots 3 & 4 until she sold Lot 4 in 1972. (Continued) � � � � REGULAR PZEETIPdG OF TF�E ORONO COUPICIL, OCTOIiER 24, 1977 Page 6 � Planning Commission 14eeting - October 17, 1977 VARIANCE 960 Forest Arms Lane � Initially tabled for lack of. representation. Upon (Continued) � arrival o� Fritz Gullickson and attornev, Ro� Haglund, the motion was withdrawn and reconsidered. � The Zoning Administrator presented the proposal before the Planning Commission. He explained to � the Commission the chain of events which led up to the current substandard situation and a�plication before them. � Sirnilar applications were apProved on properties � north and adjacent to the subject parcel. Although a lot rearrangement was suggested originally, the City was informed that this particular lot was unavailable for purchase. Staff was unable to make � a thorough review and investigation of the situation as a whole beca�se of the urgency in the previous � proposals. i The Planning Commission recommended approval o� the variances. Justification: � l. Preplatted substandard lot �vith no additional adjacent land available for expansion. � 2. Property is sewered and assessed. � 3. Property is in single separate ownershi�. � Conditions: � l. Pdo other variances rl 2. Access from residence to Forest Arms Lane. � Council Pieeting - October 24, 1977 � P4ayor Van Nest moved, Butler seconded, to approve � the variance request of I'ritz Gullickson, 960 Forest Arms Lane, per the Planning Commission recommendations � of October 17, 1977. Pdotion, Aves (4) - Navs (0) . a � Mr. Alan Olson, Assistant Building & Zoning VARIANCE Administrator, entered into the record the follow- 4766 North Shore Drive � ing information concerning a variance request of #316 JoAnn Hemmen, 4766 North Shore Drive, dated JoAnn Hemmen � September 29, 1977, which states: + Jo1�,nn Hemmen, 4766 North Shore Drive, is requesting ' a variance from lot area and width requirements � to build a home at the above address. (Continued) � � � + REGULAR ZiEETING OF THE ORONO COUNCIL, OCTOBER 24, 1977 Page 7 � The zoning ordinance requires 43,560 sq. f_t. in VARIANCE area and 140 �t. lot width. The subject lot is 4766 North Shore Drive � approximately 17, 700 sq. ft. in area and 100 ft. (Continued) � wide. The variance re�uest would he 25, 860 s�. .ft. in area and 40 ft. in width. � A residence could be located to meet all setback • requirements. The area is sewered and assessed. This is the same general area as the Rudd property � which was recently approved for two buildinc� sites. ' � If the variance is approved, we should address the � access to the propertv, Access to County Road �19 would be very hazardous. We might consider an � alternative access from Tonka View. We could probably require the owner to obtain an access '� easement across the same easer�ent as we previously � provided for Lucille Olson propert_y located directly to the west at 4784 ilorth Shore Drive. � The properties on either side of the subject � property are currently occupied by residences. No additional land is available. � Planning Commission P4eeting - October 3, 1977 � [aork Session. Revie�aed proposal. Access directly � onto County Road #19 hazardous. Request applicant � present evidence of_ access easement over same access easement provided for Lucille Olson property to � Tonka View Lane. � Planning Comr.iission Meeting - October 17, 1977 f Ms. Iiemmen presented her proposal. She informed � the Commission that access easement would not be necessary as access can be provided f_rom rear of � lot to Tonka View Lane via platted Citv right of way along Park Avenue and Adams Street. • Planning Commission recommended approval of • variances requested. Justification: �� l. No adjacent available land for expansion. � 2. Property is sewered and assessed. � Conditions: � l. No other variances 2. Zdo access to County Road #19 � 3. Assurance of access availability to Tonka • View Lane (Continued) � � � • � . � REGULAR P�EETING OF THE ORONO COUNCIL, OCTOBER 24, 1977 Page 8 � Council P'leeting - October 24 , 1977 VARIANCE . 4766 North Shore Drive utler moved, Piayor Van Nest seconded, to approve (Continued) � he variance request o� JoAnn Hemmen, 4766 North Shore Drive, per the Planning Corunission recor.l- � mendations o� October 17, 1977. Piotion, A_yes (4) - Nays (0) . • � tdr. Alan Olson, Assistant Building & Zoning VARIAPICE • Adr.iinistrator, entered into the record the follow- 3965 [•datertown Road ing information concerning a variance request of �328 � David Stubbs, 3965 Watertown Road, dated October 13, David Stubbs 1977, which states: � David Stubbs, 3965 [9atertown Road, is rec�uesting � a variance for a house addition to existing non- conforming lot area and house location. Zoning � district requirements: Area - five acres, width - 300 ft. , street setback 100 ft. , side setback 50 ft. � Existing situation as indicated on survey: � Area - slightly larger than one acre Width - 313 ft. � Street setback - approximately 19 ft. Side setbacic - 18 ft. 4 in. � 'urvey also indicates that the eaves of shed on � _�eighboring parcel are extending over r'ir. Stubbs ' property line. • Mr. Stubbs is requesting variances of 3Z acres for � area, none for lot width, F31 f_t. from street setback, and 36 ft. from side setback requirements to add � 132 sq. ft. onto the east end of the existing • dwelling. The proposed addition would be a continuation of the front line of the house. It � would, however, encroach 4 ft. further into the existing side yard setback of 18 ft. 4 in. F9e , might consider requesting P�ir. Stubbs obtain a letter of no objection from the neighbor to the east. ! Planning Commission P�eeting - Octoher 17, 1977 • • Recommended approval subject to applicant obtaining statement of no objection to encroachment f_rom � adjacent property owners located southeast of the Stubbs' property. � Council l�eeting - October 24, 1977 � ' • Butler moved, Massengale seconded, to approve the �ariance request of David Stubbs, 3965 ti�atertown oad, per the Planning Commission recommendations of October 17, 1977. Piotion, Ayes (4) - rlays (0) . � w • ! , REGULAR t'IEETING OF TIi� OROPdO COUPICIL, OCTOIIER 24, 1977 Page 9 � P�4r. Robert Cargill, representing Victoria Grain DOCI: PROPOSAL Company, 500 �dorth Arm Drive, was Present to 500 North Arm Drive ydiscuss their pro�osal and commented that #200 ` P�Ir. John Hacking would not be present this evening �lictoria �rain Company because of other commitments. + Pdr. Alan Olson, Assistant Building & Zoning Admin- � istrator, entered into the record the following information of the Planning Commission nieeting of � � October 17, 1977, which states: � 24r. Cargill, tir. Hacking and P'Ir. Sjostror.i were in � attendance. The Zoning Administrator distributed � a copy of the preliminary draft of a resolution � received from Bruce 2ia1)cerson earlier todav, A copy was also mailed to Ron Harnack of the DPiR. r The Commission nembers and aff_ected parties reviewed the resolution. • � The Zoning Aclministrator explained briefl�� the contents of the resolution as an indication of_ + the City' s sequencial choices of the various options of lake access. After much discussion and � review, the consensus of_ opinion of_ all parties involved appeared to be locating a r_moorinc� dock at � the mouth of the channel with access from the short- • est point on Lot 4. (Exhibit AA) * Planning Commission,acting on guidance from Council, recorunended approval of a dock to the channel to � provide lake access for the six necv lots resulting from the subdivision subject to the following � conditions: 1. tsooring dock to be located on west banY. of • channel comriencing at the mouth of the channel and extending a maximum .of 180 f_t. up the channel. � 2. Pdaximum width extension of mooring dock into ,� channel water�,�ay limited to 30 inc�ies. � 3. Shortest possible access dock extending �rom Lot 4 to north end of mooring dock. • • 4. Construction in winter to minimize effect on environment and wildlife. � 5. Agreeinent to include stronger language regarding a navigability of channel as suggested by Don Sjostrom and agreed upon by all other parties. � 6. Approval of dock is not to be interpreted as � commitment to approving of any current or future � dredging proposals. a 7. Approval of_ all other agencies. (Continued) � � � � REGULAR !'iE�TIPJr OF T�iE ORONO COUNCIL, OCTOB�R 24, 1977 Page 10 � Also entered into the record the following letter DOCK PROPOSAL to Ron Harnac�C DtJR, �rom Bruce 2�alkerson, dated 500 Pdorth Arm Drive f October 18, 1977, which states: (Continued) � "Enclosed please �ind a cop� of the resolution � givinc� concePtual direction concerning ��ictoria Grain Company' s application for dredging in the . � marshes and/or construction of a dock, which resolution was adopted by the City Council on * October 11, 1977. � As you will note in this resolution, the Cit�� • has rejected anv sort of dredging in the marsh and favors the construction of a dock over the riarsh S to the lake and thereafter, into the lake. However, because the Citv understands that the DNR does r not want to have a dock constructed into the lake because of the existence of the spawninc� areas, the • City has modified its position to approve conceptually . the construction of a dock within the existing channel for a length of 180 feet starting at the � mouth of the channel and thence upstrear.i a length of 180 feet, thence a dock over the rlarsh to Lots 2 or 3 � of the proposed plat. � It is my understanding that the developer finds this compromise to be acceptable. Iiopefully, the � Department of Natural Resources will hereafter S adopt a resolution which will approve that sort of lir.iited development into the channel and the marsh, � which we feel is a coripromise position with which we can live. " End of letter • ' Council t4eeting - October 24, 1977 � tdr. Bruce Malkerson, City Attorney, commented that 2dr. Ron Iiarnack, representing the Di�dR, has stated . � that the DPdR' s position is to create a balance with the environmental iripact of creating a dock structure � within the existing channel. The DidR would want to recorirtend the construction of two duck ponds � within the marsh land. � Mayor Van Nest stated that the Cit� woulci want further � information such as hydrological reports and other rational for disturbing the present wetlands to , dredge duck ponds. It appears that the DtIR' s position to Sunno�edl�� countex balance the aclverse � effect of a dock structure �vith more (iredc�inq within a natural marshland to create duc}� ponds � is not enviroruaental�y sound. � (Continued) � � � , , � REGULAR PiEETiI3G OI' '?'HE ORONO COUtJCIL, OCTOBI:R 24, 1977 Page 11 � Mr. Cargill comr.'iented that he is not in favor of DOCK PROPOSAL disturbing the preGent natural marshland to create 500 North Arm Drive �duck ponds. � (Continued) � Paurus moved, Butler seconded, to instruct staff to request the Department of Natural Resources to � respond to the City by November 1, 1977, to review • the environmental ir.ipact of dredging duck ponds, and instructed staff to redraft the resolution. �4otion, � Ayes (4) - Nays (0) . � � Ma;�or Van Nest reviewed previous Council action VARIANCE concerning Piir. Jack Rhode' s a�plication for a 1410 Bohn' s Point Road � variance to the lot area and width for his proposed #210 residence at 1410 Bohn` s Point Road. mhe t4ayor Jack Rhode � reviewed the exhibits that have been presented which are: � 1. Exhibit A - Original subdivision � 2. Exhibit B - Building permit issued to rred � Rogers and John rullickson on June 26, 1968, for new home at 3125 North Shore Drive. This � is the current Becker residence. 3. Exhibit C - Survey indicating proposed lagoon � setback as approximately 58 ft. * 4. Exhibit D - Council minutes of August 13, 1973, granting apnroval of house location f_or Duane � Hoff at 3135 Plorth Shore Drive, lot immediately east of Becker property. � (Note on Exhibits E & F, lagoon setback is 60 ' ) 5. Exhibit E - Building permit for Hoff at 3135 ilorth ` Shore Drive (lagoon setback 60' ) 6. Exhibit F - Only site sketch on file for house � at 3135 PZorth Shore Drive. Note - not a certif_ied • survey and does not indicate proposed location_ 7. Exhibit G - 1960 aerial of area. (Note - no docks � on subject lot) . 8. �xhibit H - 1975 aerial of area. (Note - no docks � on subject lot) . 9. Exhibit I - max record for subject lot (Rhode' s � property) . 2dote - June 30, 1969, property was assessed for residence. Evidentl_y, platted as �' residential site and not as an outlot. � Findings of fact have been presented which are � documented and are part of the record. The Citv Council should address themselves to: � 1. Is this a buildahle lot? � 2. If buildable, should existing barn be allowed to remain? � 3. Review all setback requirements �4. Should multi-use dock be allowed? 5. Final resolution should be draf_ted f_or Council � review at their next meeting. (Continued) ♦ � � . • RErULAR 2iEETING OF TFiE ORONO COUPICIL, OCTOBER 24, 1977 Page 12 i Butler moved, P4ayor Van Nest seconded, that the lot VARIANCE located at 1410 Bohn' s Point Road is buildable 1410 Bohn' s Point Road �for the following reasons: (Continued) • 1. Is a lot of record existing upon Januarv 1, 1975 • under single separate ownership. 2. The lot is presently serviced bv Public sanitary � sewer systeri. J 3. Lot is isolated from other undeveloped land � which results in no additional land available to enhance lot size. � 4. Al1 facts have been previously documented. � 2�Iotion, Ayes (4) - Nays (0) . � Butler moved, t4assenc�ale seconded, that the carriage � house (sometimes referred to as barn) be rer.toved prior to construction of home_ for the Follocaing reasons: � l. Hardcover would be exceeded if building were � allowed to remain. • 2. Does not qualifv as an accessory structure because of size. 3. Lot size would be further adverselv ef_fected � if allowed to remain. � 24otion, Aves (4) - Navs (0) . � *dayor Van 2dest commented that in addressing ourselves �o all setback rec�uirements it appears that the � proposed location of the single family dwelling • rieets the front, side, and rear __yard rec�uirements. Orono' s 75' lakeshore setback appears to be met by � the applicant. [9e should address ourselves to the average setback rec�uirement in relationship to � existing residences. � We have to address ourselves to the proposal as it is before us this evening. The location of the � proposed home midway between two lines seer.is to be • reasonable. T�le have our 75' lakeshore setback line and our average setback line. An average o.f these � lines could be estab.lished allowing no variances. � Councilriember isassengale: How about considering equal distance from existing structures? • • Af_ter considerable discussion in reviewing sight lines, shorelines, 75' lakeshore setback, and � possible centroid lines, � Paurus moved, tiassengale seconded, to adopt F'xhibit A to be included in the official minutes as a recommended • location for P�ir. Jack Rhode's proposed residence using �a centroid line to determine the location of the proposed residence. tiotion, Ayes (4) - Plavs (0) . � Exhibit A - Page 13 (Continued) � s � � REGULAR tiEETING OI' TIi� ORONO COUNCIL, OCTOBFR 24, 1977 Page 13 � � �.�u/ /o•z4•7 7 % . � . .:, _- -- • , ��� .,, . dri'.r�.�l�/`'�y � ;- � ��'�. `� ��yi,��r� � � � � � �% �� '�� � � ; t �_ � � . �� , • � � � -o :a o • _� � -Q -; � _ • - y� �� �� � ` � � � � ` ` ` �\R�j pRc�PMEO � u� _���c LocA�tou � � � . . —r � ' 1 � � . � � . , � .� - ' � � �: • � � .1♦c�visefl pIIopoS:�a�_ , � • - , �1�•/O ,�� �l8 DG.�LOGA7IC'Y�. . . , �\ \� � . � . . ` \\ + . ' . y \- �`�� I i�r � , , � �� '' � � . x . , r . ,� ._ � ` 'r`�'r',"""' � ' � --�-- . � . ' : �; . /��Jt�.,, ! � �� -;,.�'�/6� � ���t� � - . `` �'�,Q� � .. _ _ ! � ��. -.---1'� . � � � �i.�c d� �� � -. . �t 1'Xi ��et e7�f� . '�; . , ; ` G��.�ct..�tGitr6f,�(.� �. , + . • � �, � � � - . � � , , �, , . - • M . . � � � � � — � �� • /.�cc 6-.e ,s � - '� � �I / �irtL � ��- # w�ft•�'►a : ` • �.rtt« /Yi ��lc � - ' ` ` �/ /nc •JCri�f' 1 � /Xf to-�I M, �xS-. 3;.a c�_ . .. . _ . �c•a �[Sq iLCLir�y�JUfffR' ��/�.Ie� - ✓ • �� _ __ _� T � .� � ; _� 53 ', � " � �• . E ; � � .;, � �,� g �k� .��1�1� I � � _ __ _ _ . . . � , . REGULAR P4EETIPIG OF THE ORONO COUNCIL, OCTOBER 24, 1977 Qage 14 � Mayor Van Nest reVie�aed the granting of dock rights VARIANCE commenting that harbor limits would control building 1410 Bohn' s Point Road �of_ docks to satisfy all parties involved. rlulti- (Continued) � use would allow �hree boats, one each for r-ir. Hannah, Mr. Rhode and PZr. Stewart. State law would prevail � which governs harbor limits and define docks as an accessory structure. Orono is not condoning � existing easement or granting vested rights to anyone. We should only consider granting of an � annual multi-dock license. � Paurus moved, Butler seconded, to instruct staff � to review all previous motions and comments to be included in a final resolution for Council review � November 14, 1977. P�otion, Ayes (4) - Na��s (0) . � � � � � � � � � � i � w � � s � • • � • • • w REGULAR t�IEETING O]' THE OROP10 COUNCIL, OCTOB�R 24, 1977 Page 15 � t4r. Alan Olson, Assistant Building & Zoning BUILDIt1� PLANS Adi:linistrator, entered into the, record the 3400 Shoreline Drive �following in�ormation concerning the tdavarre #320 � Hardware, 3400 Shoreline Drive, request to Navarre Iiardware reconsider their revised plan dated October 12, . 1977, which states: S Received revised plans showing four foot set- back. � Staff - October 13, 1977 � i After Council' s direction, applicant has sub- mitted revised Plans for Hard�aare Store addition. � The revised plans provide for a stairway and approach to the municipal parking lot. '_L'hey .� have also revised the building plans slightly to eliminate some of the possible sight obstruct- � ion from the York Realty Office. Variances required: Side yard 11 ft. , parking � spaces and rear yard setback. � Planning Comriission *ieeting - October 17, 1977 � tdr. Johnson and contractor' s rePresentatiYe, Earl t�lilliams, were Present. P'Iuch discussion � on design and location of proposed stairway. . Addressed several alternatives such as: l. Continuing and matching existing Ecklund stairway. � 2. Construct entire new stairway by removing existing 4' Ecklund steps and replacing with new 8' corunon stairway for safety reasons (frost heave) . 3. Keep existing retaining wall and design . separate 4' stairwa�� located fur_ther bac}� on the property and nearer the municipal , parking lot. This would require code complying guard rail at top of retaining wall. � Planning Commission recommended .approval of • variances and site and building elevation plans subject to code compliance and structural approval � by staff. Suggested Orono obtain 4' easement along west propertv line for pedestrian traffic � fror.i municipal parking lot to County Road #15. Owner to be responsible for snow removal and � maintenance of walk and stairs. ` (Continued) � � � � � � R1,GULT�R rg;,t,�rING OP ';I�E ORONn COUNCIL, OCiOBrR ?4 , 1977 Page 16 � Council 27eeting - Octoher 7_4, 1977 BUILDING PLANS 3400 Shoreline Drive � '�Ir. Dale Johnson and t4r. Farl [��illiams were (Continued) � present to discuss the proposed Plan. S Mayor Van P7est r�oved, �3utler seconded, to ccncentuallv aPprove the building expansion plans for_ Pdavarre � Iiardware Store, 3400 �horeline Drive, and ciirected staff to draft a resolution for Council aPproval � on �'ovemher 14, 1977 to include: � l. 4 ' minimum west side setback between propertv � line and buildinc� wall. 2. Ac�dition to meet all building code requirertents. � 3. A�plicant to �ay all necessary fees. 4. Applicant to �rovide necessarv access easements � f_or public use. 5. Access easerient to be maintained by owner. � PZotion, Ayes (4) - Navs (0) . i�Ir. Alan Olson, Aasistant F3uilding & 7oning P,rC'p?dc'LDEP. ?40TION + Administrator, entered into the record the Kelley & I�elley Division followin_q inforrnation concerninc� the Y.elley & 2325 �•7atertown Road � I;elley subdivision, 2325 ��atertown Road, dated October 19, 1977, which states: � • Final plat drawings are to be delivered soon. Two resolutions have been prepared f_or consideration: � l. As per approval October 11, 1977 with easer►ent � to t�Jatertown Road - Resolution A 2 , t�ith provision for future �ccess not requiring _ � the [�7atertown Road easement - Resolution B � Council P�eeting - October 24, 1977 � P7avor Van Nest moved, Butler seconded, to re- � consider previous action of nctober 11, 1977 for �:elley & Kelle_y subdivision, Resolution #841. � ?Zotion, Ayes (4) - Pda_ys (0) . � P�Iayor Van P1est moved, Butler seconded, to adopt RE50LU"_•'ION #850 • Resolution #850, A Resolution Approving The Plat Kelley & Kelley of Kelley And f:elley Division, Resolution B, 2325 TVatertown Road � subj ect to adding ��5. Title opinion to the Cit��; and #�6. RevoYe Resolution #�841. P4otion, � A��es (4) - ilays (0) . � � � � � � � � REGULAR 1iEETING OF THE ORONO COUNCIL, OCTOBER ?.4, 1977 Page 17 � t�ir. Alan Olson, Assistant Building & Zoninc� SUBDIVISION Adr.�inistrator, entered into the. record the 3024 Casco Point Road �following inforriation concerning the subdivision #2 � datedsOctobersl8h 1977n�which statesPoint Road, Joseph Braun This subdivision �roposal was brought before � the Cit� in t4arch of 1975 and never completed by the applicant. In June of 1976, the ap�licant • presented the final plat drawings and the Council • approved same subject to payment of_ a $2, 000 park dedication fee. The park dedication f_ee was � never paid and the �lats were never sic�ned. Pir. Braun is now rec�uesting reapproval of_ the sub- � division. a There are questions about the division. The newly created lot (Tract B) is low with a drain- r age area flowing through it. The soil needs to • be evaluated before a building can be constructed on it. The lots r.ieet the required half- acre area but the J.ake frontage is only 50' , half of the required width. There was no previous � resolution of_ approval and the Cit� did not rec�uest any flowage easement. r � • I recor.irnend that the Council refer the r_iatter back to the Planning Commission due to the � length of time this has been pending and the changes in Procedure and policy since 1975. vou � nay wish to require a new application and a new fee. � Council P�ieeting - October 24, 1977 � Massengale moved, Butler seconded, to refer to . the Planning Commission the subdivision rec�uest of Joseph Braun, 3024 Casco Point Road. Piotion, � Ayes (4) - Pdays (0) . � 2�ir. Alan Olson, Assistant Building & Zoning CRYSTAL BAY LOT � Adr.iinistrator, entered into the record the Lot 3, Block l, Markville following information concerning Lot 3, Block l, Bernard Kogan � Markville, Crystal Bav, owned by Bernard ICogan, 1365 Brown Road South • dated October 18, 1977, which states: � The size of the lot owned by Bernard ::oc�an is approximately 80' X 165 ' = 13,200 sq. �t. _ � 0. 3 acres. � 1976 General Taxes 5173. 45 Assessr_ments - Levv $3302, Intercepor � Sewer 63-1B 2. 91 �Total $176. 36 � 1977 Valuation: 2iarket Value $4,900 Lir_iited Value $4, 800 � (Continued) � . � REGULAR P'iEETING OP' TIiE ORONO COU2ICIL, OCTOI3�R 24, 1977 Page ].g Council 24eeting - October 24, 1977 CRYSTAL BAY LOT 1365 Brown Road South �tdr. Bernard Koc�an cor.unented that he has owned (Continued) � the property located at 1365 Brown Road South for ten years and the property was zoned S cor.u:�ercial at that time. It has since been rezoned residential and mv question is: "Can � I build on that lot? There was a building located there previouslv and I should be • allowed to use this lot since 2 have been pay- ` ing taxes over the past sever.al years. " � P-iayor Van Nest commented that sewers could he available within three years after the interceptor � is constructed. Since the lot in question is approxiraately 13,?.00 sc�. ft., it should be determined if there is adequate space _f_or an on-site disposal syster.i. City staff will � review the lot and contact t4r. Kogan previous • to the next Council meeting. � � � � � � � � � � • • • � � � � REGULAR t4EETING OF TIiE ORONO COLJt1CIL, OCTOBER 24, 1977 Page 19 Mr. Alan Olson, Assistant Buil.ding & Zoning SITE & ELEVATION PLANS Aclministrator, entered into the, record the f_ollow- 2477 Shadywood Road � ing information concerning the site and building #330 alevation plans �or Frevert & Hall, (Tonka �9est Frevert & Hall Devetopment) , 2477 Shadywood Road, dated P4arch 18, S 1977, which states: � Tract A - Willard C. Lee � 6514 Plymouth Avenue N. - 55427 � Evidently being purchased by Frevert �, l�all � 1�'ater 1•ain Total Annual � L� �5384 Assessed Payrnent Years Pd.• Total Pd. Balance Due Lateral for 63' � at $8.70/ft. $ 548.10 . - � 1 Unit 870.00 Total Charge $1418.10 �94.54 - 6 �567.24 �850.86 Sewer Levy � • �Lateral for 63' at �8.15/ft. � 513.45 (Paid o�n 5-12-67) �10 Lmit charge ever collected, but I thin): they should be assessed at least one imit charge of $225.00 to be paid tYhen building permit is issued (same nwnber of imits as k•ater) . � Tract B - Frevert � Hall 1�'ater Main �Levy �5384 Lateral for 190' at $8.70/ft. �1653.00 2 Units @ $870 per wiit $1740.00 �atra for 1" � service $ 20.00 Total Cnarge $3413.00 �227.53 6 $1365.18 $2047.82 r _ Sewer Levy � J� I Lateral for 190' � at �8.15/ft. $1548.50 (Paid �n 5-26-69) � � _ i sewer i.mit charge ever collected (eti•en w�ith original building permit for e�cisting I e ilding), but I thin7c ;hey should be assessed at least two im.its (at �225 per imit) to be paid when building pernut is issued (�450) (same number of imits as kater). � j (Continued) � � � ' • i � � REGULAFt P4�ETING OF TH� ORONO COUPdCIL, OCTOB�R 24, 1977 Page 20 � Sta�f - October 13, 1977 SITE & ELEVATION PLANS 2477 Shadywood Road �he site plan and building elevation plans were (Continued) • approved by Council on March 17, 1977. The plans have been somewhat revised and the name changed to Tpnka West Development. The applicant is requesting apFroval of the revised plans. � The revisions are slight, but appear to be an � improvement. The plans indicate screening between the residential and B-4 zoning and two additional parking spaces. � Planning Commission - October 17, 1977 � Recorunended approval of revised site plan and a building elevation plans of proposed addition to Tonka ZVest Development (Frevert & Hall) - � B-4 Commercial. Council Pieeting - October 24, 1977 Butler moved, llassengale seconded, to approve � the site plans for Frevert & Hall, 2477 Shadywood Road, �er the Planning Commission recomr.iendations of October 17, 1977 , and subject to: t. IIennepin Countv approval of location of drive way. . Z. Staf_f_ review of ef fects of stormwater runo�f. 3. Staff review of existing building. � rdotion, Ayes (4) - Nays (0) . r Butler moved, r�sassengale seconded, to approve the building plan as per the Planning Commission • recommendations of October 17, 1977, subject to staff review of detailed plan for Frevert & Hall, • 2477 Shadywood Road_ t4otion, Ayes (4) - Pdays (0) . � 24avor Van Pdest moved, Massengale seconded, that staff revie�� and present recommendations of_ se��er and water charges for the November 14, 1977 Council meeting for the Frevert & Hall application. Psotion, Ayes (4) - f Nays (0) . � P•4r. Alan Olson, Assistant Building & Zoning SHORELIi1E RESTORATION Administrator, entered into the record the follow- 507 Park Lane � ing information concerning the request of Blaine #331 Claypool, 507 Park Lane, for emergency shoreline Blaine Claypool restoration, dated October 13, 1977, which states: Blaine Claypool, 507 Park Lane, recently obtained � building permit for a residence on the subject property. After excavating for the foundation, ! the applicant cut down a number of large trees and destroyed the natural shoreline. After several heav1� rainfalls, erosion resulted. (Continued) � . � REGULAR tdEETING OF T�iE ORONO COUPICIL, OCTOBER 24, 1977 Page 21 Upon observing this, we called it to the contractor's SHORELIP7E RESOTRATION �attention and stopped the job u�ntil the restoration 507 Park Lane aas resolved. I assux�ed him we would remove the (Continued) stop work order upon receiving recommendation of approval �rom the Planning Commission subject to any conditions added by the City Council and other agencies. • I have informed the DNR and Watershed District of the violation and requested early action so the applicant can restore and correct the damage. Because of the emergency, I would recommend waivin_q the customary work session discussion so we can proceed as early as possible. Planning Commission Pieeting - October 17, 1977 a t�Ir. & P-Zrs. Claypool were present. Planning Commission reviewed proposal, recognized importance of expedience. Sugc�ested substituting 3" diameter locust trees with a faster growing variety. � Recommended approval of restoration pro�ect subject to the following conditions: 1. Riprap reviewed and approved by City Engineer. ?. Berm and grading reviewed and approved bv Citv Engineer and staff. 3. Straight stairway as proposed to be construction of non-creosoted ties subject to State Building Code regulations. 4. Completion of resto.ration project within 60 days (December 17, 1977) with exception of tree planting if weather conditions so dictate. If so, trees to be planted before June l, 1978. 5. Approval of all other agencies_ � 6. Commence project immediately upon approval of all agencies. 7. Shrubs, bushes and trees located as indicated. Council Meeting - October 24, 1977 S Butler moved, Paurus seconded, to approve the shoreline restoration request of_ Blaine Claypool, 507 Park Lane, per the Planning Commission recommendations of October 17, 1977, subject to staff review of all drawings. Pdotion, Ayes (4) - Nays (0) . � � REGUI,AR P�EFTING OF THE ORONO COUNCIL, OCTOII�R ?.4, 1977 Page 22 2�r. Alan Olson, Assistant Buildinq & Zoning VARIANC� Administrator, entered into the .record the follow- 320 T9oodhill Road ing lettex from Robert C. Gaede, architect, dated #275 October 6, 1977, which states: Robert White "Robert F. jahite has commissioned this office to develop preliminarv site planning and designs for a structure he contemplates on a proposed outlot of his present residence. You have requested a S written opinion supporting a code variance in the , placeMent of said structure. We understand he must prove "hardship" for this to be granted. After on-site inspection, we determined the property only marginal to bear the several hundred thousand dollar structure contemplated. The logic for this opinion follows: � 1. There is one suitable location for a structure: a. Southwest �ortion is too narrow where it abuts [400dhill Road. b. Severe grades on the northwest portion would '� affect building costs substantially and adversely. c. Eastern portion' s view is to Woodhill Country Club dunp ground, thus unsuitable. d. Percolation tests indicate substantial land usage required on east side, as well, to accommodate drain field within code due to extensive clay. e. Location of present driveway is highly restrictive. Contour of adjacent land prohibits moving it, in addition to affecting aesthetics of present residence. 2. The appropriate building site is at narrowest "neck" ' of the property, coincidentally its apex. We deem it marginal. a. Contemplated structure will be between 35-50 feet wide, west facing and in excess of 100 feet long, south facing. b. The fifty foot setback requirement, plus structure, plus access drive leaves virtually no vard capability or buffer zone. � c. We viewed property prior to seasonal foliage. Proposed structure is dangerouslv close, aesthetically, to present house. Extreme care is necessary to prevent the two structures clashing -- every possible foot that can separate them is vital. � d. Value of present house could be severely aff_ected -if new one is "in its lap". (Continued) R�GULAR r4EETING OF TFiE ORONO COUt1CIL, OCTOB�R 24, 1977 Page 23 For this reason, we have advised our client not to VARIANCE utilize said site unless a vari�nce is obtaineci. 320 �Voodhill Road �From his standpoint, we consider this a most valid (Continued) hardship as he is anxious to remain at this location. We would prefer a 20 foot setbacl:, ideally. We shall be pleased to respond in greater detail � and with attendant graphics if necessary, although we are hopeful such expense may be spared our client. " Robert C. Geade, AIA End of letter Council P�eeting - October 24, 1977 � Mayor Van Nest moved, Butler seconded, to apnrove the variance request of Robert F. �9hite, 320 �9oodhill f Road, subject to: S l. tir. [�lhite' s approval of this letter. 2. �9oodhill Country Club approval. 3. Noting that this is new information demonstrating a hardship. Motion, Ayes (4) - P7ays (0) . Mr. Alan Olson, Assistant Building & Zoning PRIVATE ROAD NAt�IE Administrator, entered into the record the 400 Old Crystal Bay Road following information for a proposed private road name for Van Eeckhout Subdivision, 400 Old Crystal Bay Road, dated October 19, 1977, which states: The developers and property owners of this propertv have requested the City to approve a separate name � for this private road. On future subdivisions, staff would like to have this agreed upon prior to final approval, but in some past divisions, the matter of naming the access was not addressed. S In this case, seven names were submitted as listed on the attached letter. Names 1, 3 & 7 have been rejected by staff due to similarities with existing street names. The final choice is left to the Council' s discretion. � The following list was submitted for consideration: 1. Forest Glen Trail 2. P4eadow Valley Road 3. North Star Circle �4. Overland Trail 5. Glen Echo Road 6. ��Thite Oak Drive 7. Green Hill Circle (Continued) A � REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 24, 1977 Page 24 � Council tleeting - October 24, 1977 PRIVATE ROAD NA2lE �dayor Van Nest moved, Butler seconded, to direct 400 Old Crystal Bay Road staf� to chose between #2, 2Seadow Valley Road; (Continued) ! #4, Overland Trail; �5, Glen Echo Road; and #6, � White Oak Drive for the private road name for the Eeckhout subdivision, �00 Old Crystal Bay Road. • t�Iotion, Ayes (4) - tlays (0) . � • Mr. Alan Olson, Assistant Building & Zoning STATUS REPORTS Administrator, informed the City Council that the � following items were being reviewed by the Planning Commission for action at a later date: James tqcCleary, M 3445 Bayside Road, dredging application for Stubb' s Bay t4arina; Colpepper Land Company, 40 Orono Orchard � Road tlorth, subdivision; Sidney Rebers, ?.060 �7ayzata . � Boulevard, subdivision & r_ezoning; Durwell Vetter, Big Island, subdivision; [9avside Kennels, 3505 � Wayzata IIoulevard, transfer+of conditional use permit; �Iest Shore Lafayette Bay Association, 2400 Old Beach Road, siredging of Channel; James Lawrence, 1550 Sixth R Avenue North, Subdivision; Bernard Reiling, 4470 & 4489 Forest Lake Landing, subdivision; Conley F3rooYs, 1125 Spring Hill Road, subdivision; Loren Butterfield, 3925 ��atertown Road, variance; Raymond "t�iike" rsolde, � 1428 Baldur Park Road, variance; Earl Dorn, 4045 [Vater- town Road, variance. • Dick Benson, City Administrator, entered into the IVY LANE ACCESS � record the follo�i�ng report received f_rom t�tr. John Gerhardson, Public Works Coordinator, on the Iv�� • L�ne acces�, dated October 18, 1977, wh�.ch_ states; • � On tiay 23, 1977, the Orono City Council passed �, Resolution #786 concerning the use of the Iw Lane Access. � Item #4 of that resolution states: "The Cit�� Staff � shall clean up the Ivy Lane access and remove all structures and other unnatural material from the r Ivy Lane access. " O On June 7, 1977, I made an inspection of the access � and found dock sections, boards and old tires laving and stacked approximately fifteen or twenty feet � from the lakeshore. � On June 13, 1977, I contacted t�Lrs. Robin Crawford, . who resides at 1540 Long Lake Boulevard, and inforned her that if there were any materials at � the access that belonged to them to remove them �or the City would. She told me she would tell her usband about it. � (Continued) � � • � REGULAR 2lEETIt1G OF THE ORONO COUNCIL, OCTOB�R 24, 1977 Page 25 • On October 17, 1977, Alan Olson, Assistant IIuilding & IVY LANE ACCESS Zoning Administrator, and mvsel.f. checked the access (Continued) gain. None of the dock sections, tires or hoards � ad been removed. I in�ormed Alan Olson that the Street Department would have them removed by October 21, � 1977. • ` Dick Benson, City Administrator, informed the City SALARY IPdCREASE � Council that on September 29, 1975, 14r. James James rregory � Gregory was emploved by the City of_ Orono as a utility r.lechanic. �' On July 25, 1977, Mr. Gregory transferred from the � Utility Department to the Street Department as a light equipment operator at a rate of $6. 00 per � hour. � Because of l�r. Gregory' s time with the Citv of_ � Orono, it was my recor,unendation to review his performance and salary after three months with � the Street Department. • Mr. Gregory' s perf_ormance and attitude has been e�tcellent. Therefore, it is my recommendation � to increase Mr. Gregory' s salary to $6. 34 �er hour � effective October 31, 1977. � ,3utler moved, PZassengale seconded, to increase the salary of James Gregory, light equiPment operator, �► to $6. 34 per hour, effective October 31, 1977. Motion, Ayes (4) - Nays (0) . f� � Dick Benson, City Administrator, presented to the REVENUE & EXPEPdDITURE � City Council Revenue & Expenditure Report f_or �Tuly, REPORT - 1977 August, and September, 1977. Jul_y- August - September • Mayor Van Nest moved, Butler seconded, to accept � the Revenue & Expenditure Report for July, August, and September, 1977. P�otion, Ayes (4) - Navs (0) . • � � Dick Benson, City Administrator, informed the City ANTOINr PARK EQUIPriENT , Council that we have received a bid from Earl Ii'. Anderson & Associates for playground equipr.lent for � Antoine Park. The following items will be purchased: • One 16' Slide 5510. 0� One Large Igloo (Climber) 299. 00 a One Tcao-Unit Swing Set 232. 00 ' Installation 425. 00 �otal $1,466. 00 + The Park Commission has reviewed the layout of the equipment, and as per telephone convers�a:tion with ! Park Commission Chairman Lee Tomlinson,approved the equipment and the plan. (Continued) � � RE�ULAR tiEETING OF TH� OROPdO COUNCIL, OCTOBrR ?.�, 1977 Page 26 t The ec�uipment and installation c��ill be paid for ANTOINE PARK EnUIP*4ENT ` by the City of Orono and then reimbursed throuc�h (Continued) the Community DevelopMent B1ock .Grant Proc�ram. � arn hoping that this equipment will be installec� � this fall. • P4assengale moved, Paurus seconded, to approve the • purchased playground equipment and installation for Antoine Park at an estmated cost of_ $1,466. Psotion, a Ayes (4) - Nays (0) . • _. . Dick Benson, City Administrator, info�ted the Citv SAPIDY BEACH PETITION Council that on August 19, 1977, the City of Orono � received a petition recxuesting the Citv to close the Sandy Beach swim area. � This matter was referred to the Park Commission for • their recommendations. At the 5eptember 20, 1977 • Park Commission meeting, it was recommended by the members to keep the beach open. � Since that time, I have talked to 2�r. Fred Soule, � Program Director of the Upper Tonka Council, Inc. Mr. Soule indicated to me that if the swim area in � question was closed, that the people benef_iting in the area would have to be scheduled for another • 3rea, possibly Casco Point or the Lvdiard swim beach. • !e also felt that the benefit of the swimming lessons outweighs the inconvenience to the adjoining property � owners and that the swimming lessons are certainly not the cause of any of the problems the property � owners are experiencing. I also talked to Cheryl Gray, the swimriing instructor at Sandy Beach during the summer of 1977. Cheryl � stated that swimming lessons were scheduled from � June 15 through August 7, from 1: 00 P.Ps, to 4: 00 P.li. , five days per week, weather permitting. Cheryl � stated that she registered 33 children for last season ranging in age from 7 years to 13 years old. � She did not feel the area was too small for that many people. and she could only remember one � incident when one child misbehaved. She did state that the shallow area in the water was a little � small. � This information was passed on to the Park Commission� � and according to Lee Tomlinson, Park Commission Chairman, who conducted a telephone poll of all Park � Cor.unission members, the Park Commission will stay with their original recommendation which is as follows: � (Continued) � � � � � � REGULAR t1EETING OI' TFiE ORONO COUPICIL, OCTOBER 24, 1977 Page 27 � Discussion of the petition regarding the request to SANDY B�ACH PETITION close Sandy Beach led to a motion recommending that (Continued) �the beach not be closed but that the f.ollowing � actions take place: � 1. Close off vehicular access to the ir,imediate beach area with additional posts or a padlocked � chain. • 2. Closer police scrutiny of the area during + summer months to enforce existing regulations as posted at the beach. , * Council t�eeting - October 24, 1977 � Butler moved, Massengale seconded, that a public PUBLIC HEARING DATE � hearing be held December 12, 1977 at 8: 00 P.P2. Sandy Beach regarding the Sandy Beach Swim Area. P4otion, � Ayes (4) - Pdays (0) . r � Dick Benson, City Administrator, informed the Cit_y EP�PLOYE� ASSISTANCE Council that on September 6, 1977 , he and John R. PRO�RAM � Gerhardson, Public Works Supervisor, met with P'Ir. Paul Thorne of the Hazelden Foundation to discuss � an Employee Assistance Program. After the discussion, we agreed that this program could be a benefit to � all employees and their families and we felt the • �ity of Orono should participate. � The Er�ployee Assistance Program deals with any type of a problem an employee or his f_amily mav have f_rom � alcohol to financial. At the time of_ the+meetinc�, there were four diagnostic and referral agencies • available for us to interview. � I have interviewed Human Resource Associates and � the D'Ietro Clinic of Counseling. Another agency, H.I.R.E.D. , is no longer available, and i4ulti- � Resource Center indicated to me that because of their location, they would not be a benefit to � Orono and canceled out. � After interviewing the two agencies, it is my • recommendation to contract with Human Resource Associates. They have all the basic needs of an � employee assistance program. They have offices and staff within a reasonable distance and their � rates are lower than P�Ietro Clinic. � The City of Orono has forty-four (44) employees and Human Resource Associates' cost is $8. 00 per � emplo��ee per year which includes all er�ployees' �families. (Continued) � � � � , � REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 24, 1977 Page 7.8 � The first twelve (12) months of the Program is EMPLOYEE ASSISTANCE funded 90� by Fiennepin County .and 10$ by the PROGRAM � City o� Orono. The second year is funded 50$ (Continued) � by Iiennepin County and 50$ by the Cit� of Orono. The third y�ear of the program would be funded � by the City o� Orono one hundred percent (100�) . � There is some speculation that there may be other funding available the third year but, at � this time, it is unknown where the fiinds would • be obtained. • � Council P'Ieeting - October 24, 1977 � Butler moved, tsayor Van Nest seconded, to enter into a contract with Hurian Resource Associates � to provide an Employee Assistance Program with a review within one year. Motion, Ayes (4) - � Nays (0) . � � Dick Benson, City Administrator, inf_ormed the RESI�tdATION City Council that on October 17, 1977, Mr. Kenneth PS. Schmitz � Kenneth P4. Schmitz subr,►itted his resignation to become effective on October 30, 1977. . Kenneth has found employment elsewhere and will start his new job on October 31, 1977. � Kenneth started working for _the Orono Public � Works Department on tZav. 24, 1971 as a light equipment operator. Iie has accrued 103 hours � vacation time and 124 hours of sick leave. He should receive one-third of_ his sick leave which � is 41 hours and 103 hours vacation time (18 days ' total) . This amounts to $1,015. 20. � Butler moved, tiassengale seconded, to accept the resignation of Kenneth P4. Schmitz, Public [�lorks � Department, effective October 31, 1977, and that his terr.iination pay in the amount of $1,015. 20 � be paid. Motion, Ayes (4) - Nays (0) . � • Dick Benson, City Administrator, presented the 73-1 CLAIr4S City Council with a list of claims from the 73-1 � sewer construction in regard to restoration that has not been completed. � Carl F. Lorenz, 720 North Arm Drive • One 4-5' Blue Spruce, planted $ 95. 00 S David Stewart, 630 Park Lane � 10 Packpandra nlants @ $0. 95 each Two Chokecherry trees @ $7. 50 each $ 24. 50 � (Continued) � � � � REGULAR PZEETING OF TIiE ORONO COUNCIL, OCTOBER 24, 1977 Page 29 � Herb Willis, 3048 tJorth Shore Drive 73-1 CLAIMS One 3" Iiard P2aple, �lanted . $275. 00 (Continued) � r�iarge Gasch, 1030 Tonkawa Road � 12 Raspberry plants $7.50 � Two Psock Orange shrubs $19. 00 $ 26. 50 � t�rs. O. A. Christenson, 51 Hackberry La. Repair to vehicle exhaust system $ 40.17 � • . Total $461. 17 � I have discussed the above claims with each claimant and have agreed that each claim is � valid. � Adam Huzio, 712 Tonkawa Road and John T. Sather, 3990 North Shore Drive, will receive 2� - 3 yards � of black dirt each. This is agreeable to both • parties and total cost should not exceed $64. 00. � There are sti11 two claims that have not been resolved. Hoffr.lan and Clark clairm is presently � being offered to them for settlement and Earl Pike' s driveway and one dead tree will be forth- _ coming as soon as I ar,► able to obtain the estimates + on the driveway. � Council PZeeting - October 24, 1977 � P�layor Van P1est moved, Butler seconded, to approve the payrient of the above 73-1 claims in the amount � of $4 61. 17. P�iotion, Ayes (4) - Nays (0) . � � � � � � � � � � � � + � � , . . � � REGULAR liEETIPI� 0�' THE ORO2J0 COUNCIL, OCTOBI'R 24, 1977 Page 30 � Alan Olson, Assista.nt Auilding & Zoninc� �drlin�stX- ASSFSST4ENT FORMULAS a,tpz� presented the. C�.,tv Cpuncil with the follo�t- � inc� current assessz�tent Qo�'mulas; , , _ � � Parking Lot - I�avarre 3190 �36.59/sq. ft. Storm Sewer - Saga Hill �0.03396/sq. ft. • � Se�.�er Projects Lateral Interceptor Unit Connc�ctior � Plant '63 3300,02 - $110/Acre - - ' �'avarre '63 s298,99,3303,07 � 8.00 " - $225.00 J�'avarre '64 3308,09 $ 8.15 " - �225.00 � �avarre '65 4048,49 �12.00 " - �225.00 i�'avarre '65 4050,49 $ 8.76 " - $225.00 • Long Lk '67 4492,97 $ 5.99 - $ 59.62 - � Saga Hill '70 5382 $ 7_80 " $1,270.00 $225.00 Shorehills'70 5084,85 " �3,211.53 �225. 00 � Chevy (hase'70 5086 - - �2,300.64 - D�woody '71 5496 $ 7.80 " �1,270.00 �225.00 i 73-1 '73 6345 �18.30 " �3,859.05 - - Long Lake '67 4493,98 $ 7.79 - $1,050.33 - � � Lg Lk Hydrant '67 4499 - - �5,574.80 _ I�'avarre '70 �S 5383 5.80 - $ 580.00 � I�'avarne '70 Com 5384 8.70 - $ 870.00 - Chevy Chase '70 5087 - - �1,124.49 - � _ - � t-ir. Alan Olson, Assistant Building & Zoning ASSESSr�IENT REVIEW � Adninistrator, presented an assessment review 1200 Old Crystal Bay Rd, for the RLS subdivision, 315 East rrant Corp. , 2640 North Shore Drive � and Sheldon Jacobs, as follows: �261 � Existing Assessment - 1963 Project - Table #1 � � Parcel 1910 Parcel 1930 Total i Units 1 1 2 @ $225 $225.00 $ 225.00 $ 450.00 � Footage - 762.5 762.5 • @ $8/ft. - $6,100.00 $6,100.00 � Area @ 0.77 acre 12.53 acre 13.30 acre � $110/acre $ 84.38 $1,378.22 �1,462.60 � Total � $309.38 $7,703.22 $8,012.60 (Pd 1966) (On Rolls) • � • (Continued) � * . , . � RE�ULAR ?-iEETIPIG OI' THE ORONO COUNCIL, OCTOBER 24, 1977 Page 31 � ASSESSt�ENT REVIEW � � (Continued) - � Division - Based on Percentage of Existing Assessment - Tab le #2 • � TRACf A TRACT B TRACT C TOTAL � Units $ 225.00 $225 (new) � 225.00 $ 675.00 � Actual Footage 135.5 ft. 335.1 ft. 616.4 ft. 1087 ft. � � Total 12.5$ 30.8$ 56.7$ 100$ $ on Percent $ 762.50 $1878.80 $3458.70 • $6100.00 Actual Area 18,52 acre 3.14 acre 6.97 acre 28.62 acre � �' A� 11.86 3.14 6.95 21.97 acre $ Dry Tota1 54$ 14$ 32$ 100$ � $ on Percent � 789,80 � 204.77 $ 468.03 $1462.00 ` Total $1777.30 $2308.57 $4151.73 $8237.60 � Less Amoimt Pd on 1910 - � 309.38 -0- -0- Plus New Unit Charge -0- $3634.05 -0- $11871.65 Reassessment $1467.92 $5942.62 $4151.73 ' • � 8,237.60 assessment is 1 imit ($ 225.00) more than current. � $11,871.65 assessment is 1 tmit ($3859.05) more than current. � Division - Based on Correct Area & Footage -� Table #3 TRACT A '^RAC'^ B ^_'RACT C TOTAL � Units $ 225. 00 $225 (new) $ 225. 00 $ 675. 00 � Actual Footage 135.5 ft. 335.1 ft. 616. 4 ft. 1087 ft. � C� $8/ft, �1084. 00 52680. 80 $4931. 20 $8696. 00 � Actual Dry Area 11. 86 Acre 3. 14 Acre 6. 95 Acre ?.�_. 97 Acre C� $110/Acre $1304. 60 $ 345. a0 $ 764. 50 $7_414, 50 � • Total 52613. 60 $3251.20 $5920. 70 $11,785. 50 � Less Amt. Pd. on 1910 $ 309. 33 -0- -0- - Plus Ldew Unit Charge $ -0- $3G34. 05 -0- $15, 419. 55 t Reassessment $2304.22 $6885.25 $5920.70 � � $11,785. 50 assessment is $3,772. 90 more than current caused by correct � area & footage using S?.25 unit $15,419. 55 assessr.ient is $7, 406. 95 more than current caused by correct area & footage using $3, 859. 05 unit � (Continued) � � REGULAR P'iEETING OF THI: ORONO COUPICIL, OCTOBER 24, 1977 Page 32 2•layor Van Nest moved, Butler seconded, to re- RECONSIDER MOTION consider the previous motion made at the meeting 315 East �rant Corp. of October 11, 1977, concerning sewer unit (Continued) � charges for 315 East Grant Corp. , 1200 Old Crystal Bay Road. ?iotion, Aves (4) - Nays (0) . � � 2iayor Van Nest moved, Butler seconded, to apportion the 1963 sewer project construction � assessments for 315 East rrant Corp. as outlined , in Table #3. Piotion, Ayes (4) - Nays (0) . � Pir. Alan Olson, Assistant Building & Zoning �UAST, PRINTUP & PETERSO Administrator, informed the City Council that P�IATTER at the Council meetinc� of October 11, 1977, � staff was instructed to review two matters • concerning the nuast, Printup, and Peterson matter. � l. Encroachment onto tdinnetonka Avenue right- � of-way: Staff received a survey bv Gordon Coffin and made some field measurements to locate the nuast structure relative to the Peterson garage sho�an on the survev. `"he results are shown on the attached Plat map section and survey copy. Both accessor_y structures are within the public right of � way. Because the matter has been brought to the City' s attention, one of_ three choices , for action should be made: � a. Cause all structures to be rernoved _f_rom within the street right of wa��. b. Cause the owners ta be notified of_ the • encroachments and be advised that all structures within the right of wav will � be removed whenever a rec�uest is made to open the street for through traffic. r c. Cause the street to he vacated west of Briar Street. � . The Public �Vorks Department has a mer_io cor►inc� concerning their use and maintenance of the area. � 2. Potable �9ater: I have discussed the �aater � supply question with Don Stanley, head of the plumbing section of the 2linnesota State � Board of Health and the Board' s consulting attorney, Pauline Bouchard. � , The State code and department regulations � do not prohibit the use of cisterns and imported water. The Department is even now pronulgating standards for water haulers. They have not previously been requlated. A copy of the proposed regulations are r being sent for your review. (Continued) r , . REGULAR t1EETING OF TH� OROP10 COUNCIL, OCTOBER 24, 1977 Page 33 t1HD 121 defines potable water as: "�aater nUAST, PRINTUP & PETERS free from impurities present in ariounts 14ATTER � sufficient to cause disease or harmful (Continued) � physiological effects. Its bacterioloc�ical and chemical quality shall conform to the � requirement of the tsinnesota State F3oard of Health. " � The State recommends that samples be taken to � verify water quality but they have no statutorv • authority to enforce the regulation or the sampling without the homeowner' s consent. The � State would consider a problem exists if the homeowner questioned his water c�ualitv, if the water was offered to the public or if there were a record of_ illness or pollution resulting � fron the water. f Staff - October 20, 1977 � Received a survey f_or the nuast property and a letter of rebuttal from rir. & P•irs. nuast. Briefly, they state that the entire petition matter arose from a neighborhood dis�ute about a dog and some weeds, much as Chief Kilbo described. They say they do not know half of the petitioners � and have not disturbed their property. nuast says that Printup and Peterson had given per- � mission for water drawn from their homes. nuast sals that the City authorized 25 chickens to � be penned on the property as of 15 vears ago (1962) . The City records show no record, but this is before the 1967 zoning ordinance and bef_ore comprehensive • record keeping. Quast also complains ahout various problems on the neighbor' s property. � 14emo from John R. rerhardson, Public Works Super- visor, concerning the f_ence on street right of way regarding the nuast, Printup, and Peterson � matter, dated October 20, 1977, states: � On the above date, Alan Olson, Assistant Buildinq & . Zoning Administrator, brought to m�� attention the proposed fence on the west extension of � i�iinnetonka Avenue. � The 5treet Department has for many years maintained the street where the fence is supposed to be � installed. At �the present time, it is ver_y • difficult to do any maintenance because of the � two garages that are already in the wav, If there are any more physical barriers, it would be next to impossible to continue maintenance. (Continued) � � + , �- REGULAR P'iE�TING OF TIiE OROPJO COUNCIL, OCTOBER 24, 1977 Page 34 ` Council P'leeting - October 24, 1977 �UAST, PRIP7TUP, & PETERSON � liavor Van Nest comriented that on October 18, �mTFR 1977, he attended a meeting with the neic�hbors �Continued) involved with the �uast petition and that the conclusion of that meeting was that there are private buildings located on public property � and that these structures had to be removed as soon as possible and that the potable water � question should be determined. Psayor Van Nest moved, Butler seconded, to request sta£f to submit letter to r'Ir. nuast reRuesting evaluation test of domestic use of_ water. Motion, Ayes (4) - Nays (0) . t�Iavor Van Nest moved, Butler seconded, to request lir. & P�irs. Peterson and l�r. & rirs. nuast to remove � all structures (buildings and fence) from public � property to meet all zoning code rec�uirerients bv January l, 1978. Piotion, Ayes (4) - Pdays (0) . Butler moved, i•Za��or Van Nest seconded, that staff submit resolution for Council approval November 14, 1977, concerning the above r.iatter. PZotion, Ayes (4) - � Pdays (0) . � 2�4ayor Van Nest moved, Butler seconded, to hold PUBLIC IiEARIPdG DATE a public hearing December 12, 1977, 7: 00 P.14. to Amend Ordinance iJo. 189 , amend Ordinance P1o. lII9 listing the legal Amend Navarre Rezoning descriptions of certain properties in the City � rezoned from LR-1C-1 to B-5. Motion, Aves (4) - Nays (0) . _ � 24ayor Van Nest r.moved, Butler seconded, to apnrove LICEPISES the following list of licenses: tiotion, Aves (4) - Navs (0) . Clover Hill Cor_tpany, Inc. - Plumber & Sewer Hookup r Lundgren IIros. Plumbing - Pluriber Vergin Plumbing & Heating - Plumber � � � � . �. _ f REGULAR 1i�ETING OF THF. ORONO COUNCIL, OCTOBER 24, 1977 Page 35 IIutler moved, ldassengale seconded, that the All BILLS Funds Accounts 1479 through 1530, 5904 through y5947, 19595 through 19603 and Lic�uor Store Accounts 12169 through 12200, be paid. P-sotion, Ayes (4) - Nays (0) . Butler moved, Psayor Van Nest seconded, that the ADJOURNl4ENT meeting be adjourned at 10:50 P.1s. Psotion, Ayes (4) - Nays (0) . , / � , '�-C C��" �2� T�Iilliam II. Van Nest, ?4ayor A es • �- tt t. , � �aalter son, Clerk-Administrator � s �