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Home My WebLink About11-14-1977 Council Minutes � ' � _ ('I'�'•• OF ORONO R�gular Meetinq of the Orono Council, 7 : 00 P.P�. i�overnber 14 , 1977 . � The Orono Cowzcil Met on the above date �aith � the following Members Present: P4ayor �Ian rlest, Councilmer,ibers Butler, P4assengale, and Paurus. Absent: Councilr.ler.tber Pesek. Also present: City l�ciministrator Benson, Assi�tant Building & Zoning Adninistrator Olson, Citv Attorne�� P4alY.erson, and City Fngineer Frank. Council- member Pesek ar_rived at 7 : 02 P.ii. Piayor Van Nest announced that this was the tir:le PUBLIC HFARINC; - 7 : 01 P.M. and place for a public hearing to consider an Amusement Devices amendment to the municipal code b�� adding Cliapter 69C, establishing the licensing of r�lechanical ar;�user.ment devices. Cit�� Acirlinistrator Benson presented the P�Iotice of Public Iiearinc�, the Affidavit of Publication and the Certif_icate of P4ailing. PZayor Van Nest requested coru�ents fror� the public present. Since there were no co�ents f_rom the public present, the public hearing was closed at 7: 03 P.r4. iiayor Van rlest read a letter fror.l Mr. :�tan COrtirqFrlr�A^'T(�TJ Her.lphill, Supt. C. S. McCrossan, Inc, c�ated rary Ches�aick October 21, 1977, concerning i�r. �ar�� Ches�vick, Orono Police Officer, �ahich states: "I would like to take this opportunity to coru-►end your police denartrlent in apprehending the persons responsible for vandalizing the ec�uipment we were using on a construction pro�ect at CreeYside • and ��Iatertown Road. At anproxirlately 9 : 30 A. t�i. on October 16, 1977, P4r. Garv Cheswick �aent to the trouble of finding r_Zy home+ telephone nurlber and calling to noti�y r1e that damage had been done to our equipr.lent. He also followed throuqh with what must have been a ver_y thorough investigation anc� called r1e later in the afternoon to let r.ie kno�•� that the persons responsible had been .found. I think Iir. Cheswic}; did an excellent �ob and with rnore of this type of cooperation fror_1 local law enforcer_�ent it will definitelv helo reduce the price that propert1 owners r.tust nay for inProve- ments as these vandalism costs are passed on as a portion of_ our overhead cost. " � � End of letter (Continued) � � •?��UL?�R P�lEETIPJG OF TIiE ORONO COUP�CIL, I•IOVr'tI3ER 14, 1977 Page 2 � tiavor Van Nest then read a Recoanition of COr�U�1FrdDA^TON Appreciation to Gary Chesv�icY. .letter from �ary Cheswick � Cliief of_ Police i4el Kilbo dated rlovember 4, (Continued) • 1977, tahich states : + "I want to take this opportunity to recognize your dedication to duty, your coripassion and � service on an incident occurring October 16, 1977. This inci�ient involved $?_00. 00 of � vandalisrn to C. S. 21cCrossen, Inc. Construction r�lachinery at a location in Long Lake. � i '^he call to the Superintendent of C. S. P4cCrossen, Inc. , and your follo�v-up on the case, which � resulted in the apprehension oi the juveniles involved, is Police professionalism at its best. � This high level of citizen service is a credit � to you and the departr.lent. � A co�y of this letter will be placed in your � personnel file. " * End of letter r P4ayor �Ian Nest read a letter frort PZrs . Sharry COT7��.F?IDATION �� Neur.�ann dated IJovernber 1, 1977 , concerninq �+layne Shellum Iir. [9ayne Shellur.l, Orono Police O_fficer, which states: � "t7y husband, Bob rleur:lann, teaches �err►an at � Orono High School and has heen there for 15 years, so needless to say over the past years we have had q_uite a few probleris with }:.ids. �•�e « have always been hap�� with the results whenever ��e have had to call in the police on a �articular_ � occasion. � ��e would like to take this opportunitv to thank the Orono Police Force and in particular, Officer 1 �dayne Shellum, f_or his interest and concern in helping us �vith a problem we had vrith some juveniles � a cou��le of wee}:s ago. Tae had three senior boys egg the house and in the process break a window. � ��e called the police radio and shortiv a�ter , � Officer Shellum car:le to the house. ��]ith the inf_orma- tion �.,re gave hir,►, he took total control of the � situation and �aithin 24 hours caught the ones involved. They carle to our home the following � Saturday and cleaned up the house and replaced the window. � � r1a1 I say that Officer Shellum was interested in our problem and �vas verv helpful with something that � could have been chalked up as a minor probler_1 in the life of a police officer. ^_'han}: you �or having rnen !� of his caliber counted in your police force. " Enc� of letter (Continued) � � �ZLvULAR 11FETIIIC� OF ^HE OROPdO CnUT7CIL, ?'10�IETIRER 14, 1977 Paqe 3 � 1�Iayor Van ?Iest then read a Recoc�nition of COT'Lr4rNnAmJON 1lppreciation to C?al�ne Shellum .letter froM [�Tayne Shellum � Chief of Police P7el F:ilbo dated Ploverlber 4, (Continued) � 1977, �ahich states: `,� "I �aant to taYe this onportunity to recognize your dedication to duty, your corl�assion and M service on an incident occurring October 18, 1977 . Tliis incident involved vandalism to a school teacher' s residence involving eggs thro�an at his • horle breaking a windo�•�. � Your follow-up investigation resulted in the juveniles being identified and restitution bein_q � r�ade. This is police professionalisrl at its best. � This high level of service is a credit to you and the denartment. ,, A copy of this letter �aill be placeci in your personnel file. " � End of letter �. � Butler r�oved, Massengale seconded, to anprove the P4INU'I'�S • i•4inute� of the Regular P�eeting of October 11, 1977. October 11, 1977 � i�otion, Ayes (5) - Nays (0) . Butler rloved, 24assengale seconded, to anprove the r1INUTES - PZinutes of the Canvass Board P4eetinq of Ploverlber 9, Canvass Iloard 1977. Motion, Ayes (5) - Nays (0) . ' No cor�ments frorl the Park Cor,unission. PARK COr'[P4ISSIO1d � � No corir.ients fror.l the Iiurlan Rights Comrtission. EiJ��AN RI�HTS CO.►`1P'IISSIOPI � No cor.unents from the Planning Coru�ission. PLA21rdINr COPLTiISSION � Councilr-lember Paurus, Orono' s renresentative to LP7CD REPORT �` the Lake Minnetonka Conservation District, Dock License Service � cor�rmented on the L.?i.C.D. Dock Corunittee' s Fees report for doc}� license service fees dated � Octoher ?.3, 1977, which states: � An estimate of the cost of licensing docks for 1978 is as follows: � • 1. Dock insPections $ 900. 00 � I�dministration (20g) 10, 62� . 00 Total 511,520. 00 (Continued) � � , � � S RErULAR 21F,ETING OE' THE OROIJO COiJNCIL, idOVEr4BFR 14 , 1977 Page 4 � r 2. Total administrative L?iCD RLPORT expense $5� , 005, 00 nock License Fees (Continued) �One (1) above represents the estiMated proportion � of adr�inistrative expenses attribut�ble to licensine� � activities , including legal fees. 'I'�ao (2) represents total administrative expense covering all lake-related � activities. The Doc}: Corunittee recorunends a license _fee of 51�. 00 for each installation, plus $3. 00 f_or each boat , stored, which would result in the follo�aing f_ees : � 66 licenses @ $1�. 00 each $ 660 . 00 • 3, 620 boats stored C� $3 . 00 each 10, 860 . 00 � Total $11, 520. 00 s rj PZr. John Hackin�, rePresenting Victoria Grain Co. , VIC`"ORIA GRAIN CO. had called to request that this rlatter be tabled 500 North Arm Drive � until Novrneber 28, 1977. � Butler moved, P4ayor Van P7est seconded, to table the � request of Victoria �rain Comnany until the Council rneeting of Plover.�her ?.8, 1977. r4otion, Ayes (5) - � r1a��s (0) . � I�Ir. Alan Olson, Assistant Building & Zoning VARIANCE - Adr.iinistrator, entered into the record the 1410 Bohn' s Point Ttoad follo�ving information dated Nover,lber 4, 1977 , #?_10 � which states: Jack Rhode Received letter from attorney Rice. • Staff - Plover,lber 9, 1977 � Prepared revised Exhibit A for inclusion �vith � resolution based on a blue line print subrlitted � by t�ir. Rhode July 11, 1977 , and c�iscussed by Planning Comr,iission and Council at subsec�uent � meetings. The r.markings on this� print are identical to the drawing made at the October 24, 1977 � Council meeting. Provision is riade for siqnatures of Psr. Rhode and the City. � , Exliibit A sets forth the parar.leters within which � a new residence mav be constructed according to i the variances authorized by resolution. The centroid of the square footage of the Rhode home � can be no closer to the lake than line A-A, the � sight line dra�an bet�aeen the corners closest to the lake of the ad-jacent Becker and Lauer hor.�es. � The closest pr_ojection of the Rhode hoiise or deck • to the lake may not extend beyond line C-C, the average line between line A-A (above) and line � B-B, the cor.unon 75 foot lakeshore setback line. (Continued) � RBGULI�R P7EETINc� OF THE ORONO COU2ICIL, T�OVE?4B�R 14 , 1977 Page 5 • �J . Council Meeting - IJover.iber 14 , 1977 VARIANCE � 1410 Bohn' s Point Road �i4ayor Van Nest cor.triented that the City Council (Continued) has held several Meetings revie�•�ing i4r. Jack � Rhode ' s application. At our last Council n�eeting, we rec�uested st�ff to prepare a resolution for our � r�view. [Ve now have that. l�Ie only want to revieca any new information that has not been before us. � � T•4rs. �Tason C. Becker read into the record the - follor�ing cor,unents: � l. �7hy �aas the 75 ' line apnlicable in this case ij when there are houses on either side to begin with? The only line �ahich should be apnlicable � is the average setback line. � 2. I1ow that the barn must do do�an (as the original � variance stipulated) , there is no reason to violate the averaqe set back rule. There is � enough room to build a house hehind it. � 3. The Rhode house will be nearly as close to us under this ne�v plan (I;xhibit B) as it ��as before. � • 4. If this resolution is passed, at least two violations will be r.lade: * � a. First variance application caas approved with � the condition that only variances �or lot size and �aidth be granted--this ruling will be violated. � b. By granting permission to have any portion of ,, the house f_orward of the average setback line, the setback rule in the Orono zoning regulations . is being violated. I repeat: If the barn is going do�an, there is � no reason to violate this rule. � * i.e. at least t�•�o in addition to the first and foremost violation: allowing a house to be built on a sub- � standard lot in a one acre zone: A lot which is • far less than the 80o area rectuirement. � 5. iJhat has reall�� happened here is that violations are being made so that special architectural effects + can he achieved. "'his is clearly preferential treatment for Pir. Rhode, because he can in no way � prove that nesessity or hardship r�akes it impossible to build a house c��hich would not he in violation � of Orono' s zoning regulations or require variances + in ac�dition to lot size and width. � End of letter � (Continued) � � � � ! REGULAR P2EETING OF THE OROr70 COUNCIL, NOVEP�BER 14 , 1977 Page 6 � P�r. Rhode was asked if he had any corlments. He VARIAPICE had none. 1410 Bohn' s Point Rd. (Continued) � Isayor Van Nest stated that we now ��ant to examine all exhibits: A-B-C-D. � Mrs. Becker and P�Ir. Rhode were given exhibits and � resolution to examine. � Councilrler,►ber Butler: The Lauer residence should � not be included in determining average line to locate t�ir. Jack Rhode ' s proposed home. � � Councilr.�ernber Paurus : The intent of the Council � was to use adjacent hor�es in deterr_►ining average line and to deternine setback from the lake. � A4r. Al Olson submitted a plat map showing location ' of adjacent homes in the area. � r4ayor Van Nest reviewed the proposed resolution. � Councilmernber Paurus raoved '.� : r l. Amend dock length. � 2. Amend all itens to '�� c�mnleted bv _.Tanurav l, • 1978 deadline. �3. Ar:tend paragra�'i :?�'C, aciding "no additional danger" . � Motion died for lack of a second. � Mr. Bruce PZalkerson, City Attorney, comr�ented that: � l. The Council should request comr;�ents fror_► rir. • Rhode and r-2rs. Becl;er. 2. Adverse soil conditions , if any should be reviewed. � There being no further cor.u�ents from the public, � P�Iayor Van Nest corunented that the City Council should address themselves to the proposed resolution aMend- � ments, exhibits, and final resolution approval in- cluding amendments and exhibits. � . tdayor Van Nest moved, P�iassengale. seconded, to approve araendr,lents to the resolution to include: � l. �liminate January l, 1978 deadline as noted in � paragraph 4 under granting of variances and add iter.�s to be completed prior to granting � of permit. 2. Paragraph 24C, no increased danger. � 3. Dock length 100 feet. �4. Dock use pursuant to Chapter 74. � P�otion, Ayes (5) - Nays (0) . (Continued) � � � f; R3�GULAR t1EETIrIG OF TtiE ORONO COUNCIL, tJOVETIBER 14 , 1977 Page 7 � � T3utler moved to approve revised Exhibit A as VARIANCE originally proposed. PZotion died f_or lack of a 1410 Bohn' s Point Rd. � second. (Continued) � Massengale moved to aPprove Exhibit C. Plotion ��, died for lack of a second. � Mayor Van Nest r.loved to approve Exhihit A, 115 ' setback from shoreline ec�ual to P4r. Becker' s set- � back. P�otion died for lack of a second. � Paurus moved,r4ayor Van Nest seconded, to approve � Exhibit A as modified by Exhibit B. P7otion, Ayes (3) - Nays (2) . Councilmertbers Butler and � Plassengale Nay. � Mayor Van Nest r.loved, Paurus seconded, to adopt resolution to include previously approved ar�end- � ments, previously approved Exhibit B incorporating . average 75 ' lake setback� and average of i�Ir. Becker' s and i�ir. Lauer' s setback. Piotion, Ayes (4) - Nays (1) . i Councilmember Butler Nay. � Discussion followed. r I�Iayor Van Nest r.loved, Paurus seconded, to reconsider . previous motion. PSotion, Ayes (5) - Nays (0) . � �•7ayor Van PJest rnoved, P4assengale seconded, to adopt RESOLUTION �851 Resolution #851, A Resolution Granting JacY Rhode A Jack Rhode � Variance To Allow Construction On The Lot Known AS 1410 Bohn' s Point Rd, 1410 Bohn' s Point Road, to include previously approved � amendr.ments to the resolution which are: l. P�aximum dock length 100 feet. 2. Dock use pursuant to Chapter 74. �� 3. Eliminate January 1, 1978 deadline, adding , "itens to be cor.lpleted prior to granting of nen:lit" , paragraph 4 under granting of � license. 4. Paragraph 24C, "no increased danger" . � 5. To include Exhibit A, which designates house location to be within setback lines shown on � previously approved Exhibit A, as nodified by overlay Exhibit n, incorporating line C-C and � line D-D as extrer.le lake projection as shown on plat plan to be included as a docur,ient in � these minutes. � P7otion, Ayes (4) - Nays (1) . Councilr.lerlber Butler r Nay. � Plot Plan Page 8 (Continued) � � a � r � F<FGULI�R P�IEETING OF THE ORONO COUNCIL, I�OVi:I9�3ER 14 , 1977 Page 8 ` � � � _ _ -- - - - - _ _---- - � r _7_. . "�' , .. ' � ` � . r. _ - � . � . , � ,.- _ .,. , + , � / � � " '' . � � I:' • � ,. � '� � ` • � � ^4 i . ♦ • �r. / c � �' - � � � . _ � + ,� ,, ,, . , I J_ �1 � � . . � _ ...:.T�� `� _ . � • ` D ,. ,. �...,,. ^S• � aco.✓o asY cov.✓r�� ,.r«�nv6 ,vi✓�rdsa H,i9�1 '� A -- �� N I � � ~� FxN��sirA \ i / �+�c Re'Soc u P.,✓ rd. • �� _I / . ACM•Dif7r0 L. rR.rciur f�P;IiTB� I � ��-�-u.,�,��N�o�.¢ , �r,^.-�. �-��,��.+��+«�r I • � � , � �ffED u+w TlS�iS�f.r#c��s6 t/uf,8-/j 7Sf7 lG/QA�It' Lh"% ✓ / I � � ��L �jQ(iuEAb � F �s wrar�tf-hw � . �'�U.�E G{ I �� I i �' ' 1 s .' , a�,�c�r � crwee�c Mw�,•ro�. rRacct�ev �' , �j,y4 (�scNkYC ' � oF AAiil ANO S�eCK 7M�4I0!AAY � � �i �h/1•(7/' I � s��,� � , > , � � -- ---- LiMF A•A t..1FOFJ/6NI q( � � Av[,.�LG s�Ti�rw or57A�' � � � 1 tlG AQlati'��Kr 1P[f/Ot+VC�y I • I� . . ' . 7D D!TX!LM�lOF TJV!�1f:NGl,"AO T iC tM�a � ` � ' OF TN6 Sqt1NC FNT.4G!Of 1�✓L � � _S_ '_.I .E'�4'GY.NOKG�C-l�l�AL.RC�-,/w✓ ` � ._ __.. � (KN SiLr�/.�zt�o� � • I � �-- - -----`--- r � . I • � ,., .. I . - ----------�� I . i � . i � ' ��`1 . . , - � � � I.� � �,�r � i.. MR.JACK �fM�N�Cn'✓e'( D�11Y � - . . �/ C7� / //�8�9 rti�..�d.r.�✓rt7�r*tY�l �rc S i�� . ...�,n.a.ocriw.�,C�..K ►w L � i � � � RTGULAR IZEETING OF THE ORONO COUNCIL, NOVEPIBER 14 , 1977 Page 9 � T1r. Alan Olson, Assistant Building & Zoning SUBDIVISION l�c�rninistrator, entered into the. record the follow- Big Island �1_ng information concerning a subdivision rec�uest #�309 of Durwell Vetter, IIig Island, dated Septer�ber 13, Durwell Vetter � 1977, which states : ! This proposed subdivision involves the division of � one parcel into three lots , each exceeding the minirnurn two acres, 200 foot width requirements for � dry buildable land on Big Island. All three parcels . would retain water frontage. There are no existing structures on the property. The abutting land is � owned by the Iiennepin County Park Reserve Board. The lo�v or marshy lands along the shore are not � included in the area calculations. Subdivision considerations should include dock restrictions � over tlZe shoreland marshes including open space and flowage easer.�ents over them and a park dedication � fee. � A public hearing has been scheduled for October 3, ,� 1977 at 8 : 15 P.P4. � Planning Conunission I�eeting - October 3, 1977 _ ' John Gridley, representing P'Ir. Vetter; ��as present. � John Christian of the Hennepin County Park Reserve and Dave �9yer of the P�4etropolitan Park C�r�rlission � also attended the public hearing. � The Planning Comr.►ission reviewed the threc-parcel subdivision. Following items were di�cussed: � 1. Flood plain designation � a. Determined at 932 elevation. b. P4uch of original tract consists of flood � plain as a vast area is designated belo�v � this 932 elevation. c. Limited area above 932 elevation w�uld � probably limit the tract to only t��o buildable sites. � d. Suggest new proposal noting total areas above 932 elevation of each individual i pareel (87, 120 sc�. �t. rec�uired) . � 2. Soil borings indicating high water table � a. Evidence of high caater table would indicate difficulty in designing adequate septic � systeris in this area. b. Inadequate septic system design could probably � prohibit any building on tract. c. Suggest developer submit septic nlans for � individual sites for City engineer review � and report. (Continued) � • � s � RF:GULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 14 , 1977 Page 10 � 3. Hennepin County Park Reserve ' s interest to SUBDIVISION acquire said property. , Big Is)_and � a. Suggested parties meet to try to reach (Continued) S agreement before adding cost to revised proposal. � b. If agreement cannot be reached, submit revised proposal. � Planning Commission tabled the issue for develoz�er � to negotiate with Park Reserve or submit revised • proposal. Also directed staff to rec�uest a soils rna� and report fror.l the Hennepin County Soils � Conservation District. 7oning Administrator informed Planning Comr.iission and developer that any costs � incurred by the City for such a report would have to be reir:lbursed by the developer. � Staff - October 6 , 1977 , • Letter to Hennepin County Soil Conservation District r�questing soils r�ap and report. + Staff - October 26, 1977 � I ara enclosing copies of the soils map and report ` as prepared by the tiennepin County Soils Conservation � District. The r.map appears to verify the ��etlands �nd flood plain areas as suggested at the Planning � �ommission meeting of October 3, 1977. � Also enclosed is a revised division of the original parcel. The new proposal consists of only two � parcels - both exceeding the r:iinimur.i lot requirerlents for this district. • • Building permits ��ill not be issued until satisfactory septic designs are subrnitted and approved by our � engineer. r Jim Anderson of the Soils Conservation District has incurred sor;�e additional expenses �or which � he has asked to be reir.tbursed. A copy of the staterient for boat rental is attached. The e developer should be informed of this cost. I have e not received any further word from the Hennepin County Par}: Reserve. • The prelir,�inary plat as revised will be up be�ore a the Planning Cor.u-�ission on Plover:lber 7, 1977 for recomr.iendation to Council. � • Planning Cor,u~►ission Pieeting - Nover.iber 7, 1977 �r. Gridley Presented revised proposal - two lots rather than three. The Zoning Adr.linistrator � inforr�ed Commission that soils report indicates adequate dry buildahle soil on each of the t��o (Continued) � � � � R��GULIIR T4EETING OF TI�E ORONO COUNCIL, NOVEPIAER 14, 1977 Page 11 � ��roposed Parcels. Building permits on either SUBDIVISION parcel would be subject to a satisfactory se�tic Big Island �system reviewed and approved by City Ene�ineer. (Continued) � I�r. French of the Hennepin County Park Reserve � made sorle comments regarding Orono' s Position for projected parY. use of Big Island. P�r. French � was inforr.led that Orono ' s �osition has not chanc�ed and they would be glad to reaffirm same. � . P7ayor Van Nest volunteered to attend the next liennepin County Park Reserve meeting. P9r. French � was informed by the Cor�unission that the City would be hard pressed to deny proposal meeting � all zoning requirernents. � Planning Coru�►ission recoi~�rl�nded appr_oval of preliminary plans of proposed plat subject to � all necessary easerlents and park dedication fee . of $500 ($250 per lot) . � Council Pieeting - PJoverlber 14, 1977 � i�iayor Van Nest cor�ented that he had discussed with P4r. Cliff French, Hennepin County Park • Reserve representative, Iiennepin Countv' s future plans for Big Island for park Purooses �and Orono' s position on this matter. P'Iayor Van � Nest also commented that Orono does adhere to its zoning code and allows perr.mits when applicable. � Services to Big Island are difficult to provide. � Councilr.i�r.lber Paurus cor.unented that he would support Hennepin County' s projected park use of Big Island • and would favor reviewing their cor.�u�ents at a • future Council meeting. The Citv should review the present application before us and address ourselves � to the future plans for Big Island identifying the lots in question as part of the future planning � for Big Island. � Mr. John Gridley, representing PZr. Vetter, corunented that P'ir. French had told hir.1 that the Park Reserve + could condemn property for park purposes. Isr. Gridley . continued by stating that the Park Reserve has no funds and that they could not stop a legitirlate land � transfer. I have sold these lots to PZr. Vetter, who in turn, has sold to another party. r Paurus moved, Butler seconded, to defer this request � for a subdivision of P1r. Durwell Vetter, Big Island, • for 30 days. for staff_ review �nd ��ennepin County Park Reserve cornr:lents on its future planning for �Big Island as it relates to these lots in c�uestion. P4otion, Ayes (5) - Nays (0) . � � � � + RI;=�ULAR IZLETING OF THE ORONO COUNCIL, NOVEPIBER 14 , 1977 Page 12 � i�;r. Alan Olson, Assistant Building & Zoning COrdDITIONAL USE PERMI'T Adn�inistrator, entered into the. record the follow- 3505 ?^7ayzata Boulevard �ing information concerning the transfer of a #318 �•onditional use perMit for 47ayside Kennels, 3505 Richard Fulmer � �aal�zata IIoulevard, dated September 29, 1977, which , states : � r2r. & P�rs . Richard Fulner are considering purchasing the Wayside Kennel property. They have a purchase � agreernent with Iloman Larson contingent upon rE�ceiving Council' s approval for a transfer of the � existing non-conforrning use (dog kennel operation) . r They liave informed us they have intentions of irzproving . the operation and property in general. I think we might inforr;i the applicant of our restrictions on � �xpanding of existing, non-conforr.ling land uses if we choose to approve transfer of the conditional � use perrnit. � We might consider requiring a public hearing to � give the general public the opportunity to respond. i Planning Cor.u�ission P4eeting - October 3, 1977 � Work Session. Instructed staff request the Fulmers to prepare and submit a letter to the City which �ould include a resume of their past history as ennel operators. �1'he letter �vas to include a � detail on the projected operation and address of • forrier kennel establishr.lents under their supervision and problems experienced, if any. � Planning Commission instructed staff to schedule w a public hearing for the Planning Cor.iriission Meeting scheduled for November 7, 1977. i i Staff - October 5, 1977 � Enclosed is a copy of a letter to the Fulmers requesting resur.ie of experiences with kennel � operations . � Staff - October 12, 1977 � Dr. Richard Fulmer was in to see rie this morning • in response to the letter I sent him recently. He subraitted the letter with a resume as rec;uested. � He appeared to be very conscious of the problems f that have been brought to the City' s attention in the past. Recognizing these probler.ls, he assured t� l�e they would cooperate with us to eliriinate the �urces of these probler.is. P�Ir. Fulmer is associated with the Research Departrnent of Cargill Industries. . The department deals r.tainly in feeds , etc. (Continued) � � � A RrGULAR PIEETIrIG OP' TIi� ORO2�I0 COUNCTL, r70VE11BER 14 , 1977 Page 13 f The Fulr.lers and Larsons are both somewhat pressed CONDITIONAL USE PERP9I' {or time because of several pur�hase agreements 3505 Taayzata Boulevar � expiring shortly, i7r. Fulr�er has requested (Continued) � appearing before the Planning Cor.�u�ission to introduce himself and family and to answer any � questions the Cor��mission mic�ht l;ave so he can obtain conceptual viewpoint of the Planning � Cornmission before proceeding with the �urchase agreeraents. � . Planning Commission P4eeting - October 17 , 1977 , Dr. Richard Fulmer, his son and daughter-in-law attended the meeting. They introduced therlselves � and gave a brief fanily history. Explained to Planning Commission tliis was first venture into � kennel operations. Assured Comrlission they would # limit the operation to a maximum of 60 dogs. a They also agreed to the stipulation that the establishnent designate certain day-tir.le hours � of operation to elininate the suspicions of the operation by many of our residents. The Fulr.�ers � also agreed to cornply �•lith any reasonable conditions the City might consider necessary after the public '� hearing scheduled for November 7, 1977. �No definite action could be taken until the public � hearing is held, but the consensus appeared to be somewhat favorable. S Planning Cor.lmission PSeeting - Nover_lber 7, 1977 � Dr. Fulmer, P4r. & PZrs. Brian Fulmer presented � their proposal. Angie Koenig and Dick Selhost • were also present. They o�•an Parcel 2450 which is located south of the subject property, but is � divided by the Luce Line Trail. Applicant reaffirr.led previous stater.lents : � l. Boarding operations. � 2 . Reasonable hours of operation - open to public and staff for observation and inspection. � 3. P�Iaximuri of 60 dogs. Seldom r.laximum, possibly • holidays and some weekends. 4. Dogs to be indoors a_fter reasonable hour. • Angie Koenig and Dick Selhost sho��ed sor►e concern � v�ith possible barking at night and smell from waste. � � Dr. Fulmer explained the system to be used for �waste disposal would be somewhat sir.lilar to the satellite syster.l. The waste would be treated with chemicals. Iie also stated that the �•�aste fror.t � 60 dogs would not exceed the waste fror.l three horses. (Continued) � � � � RF;r�t1LAR 11F�F�TING OF TIiE OROr10 COUTICIL, P70VEP1RER 14 , 1977 Page 14 � Apl�licants also presented a sketch o� a sic�n CONDITIONAL USE PFRP�IIT th�y were proposing to use in l�eu of all of the 3505 �dayzata Boulevard lgns no�•� posted on the buildinc� and prop�rty. (Continued) ! ]ze Cor.unission agreed it would be an ir-�provement. �c�veral Commission Merlbers also noted they had � observed a vast improvement on the property since the Fulmers have started cleaning the + property. � The Planning Commission recommended approval of the transfer of the conditional use permit i subject to the conditions previously noted plus S any tlze Council r�ay consider approPriate. � Council PZeeting - Novertber 14 , 1977 � T�Iayor Van Nest asked for cor�rments from the �ublic present. There were none. � • Butler moved, Mayor Van Nest seconded, to revoke the conditional u�e permit for PZr. rlorr:lan Larson, 3505 [��ayzata Boulevard, for the �•7ayside Kennels. :�4otion, Ayes (5) - Nays (0) . � Butler moved, PZayor Van Nest seconded, to aPprove � a conditional use perrnit for Dr. Richard Fulrzer, � 3505 L,lavzata Boulevard, as per the Planning �or:u:�ission recommendations of Plovember 7, 1977. ` otion, Ayes (5) - Idays (0) . � Mr. Alan Olson, Assistant Building & Zoning NAVARRE HARDT7ARE « Administrator, presented a resolution approving 3400 Shoreline Drive building expansion plans for the Navarre Hardware, ��320 • 3400 Shoreline Drive, for Council action. Mr. Olson also noted that there ar_e asses�r�ent� due, plus � two additional S.A.C. charges. � Mayor Van Nest moved, P�assengale seconded, to FtESOLUTION #852 � adopt Resolution #�852, A Resolution Approving Plavarre Hardware Building Expansion Plans For Pdavarre Hardware, 3400 Shoreline Drive � 3400 Shoreline Drive, subject to including two additional S.A.C. charges. Motion, Ayes (5) - S Nays (0) . � Niayor Van Nest r.loved, P4assengale seconded, to � request staff to review assessr.ients due for the Navarre Hardware for Council review at their � regular rleeting of November 28, 1977. P4otion, Ayes (5) - Nays (0) � � � � r � � • hi:GULI�R i1EETING OF TIiE OROPJO COliP1CIL, PIO�'E"1I3ER 14 , 1977 Page 15 � i�1r. 711an Olson, Assistant Building & 7oning SUBDIVISIOPI I�c31��inistrator, entered into the, record the 4470 & 4480 I'orest Lak �f_ollowing information concerning a subdivision Landing request of Bernhard Reiling (Lou Oberhauser) - ##324 ` 4470 & 4480 Forest Lake Landing, dated October 13, I3ernhard Reiling ! 1977, which states : Lots �3 & 9 , as currently platted, are occupied by t��o residences. One residence is located on � the lot line. Both properties ��ere previously �c�med by Bernhard Reiling. �aithin the past three � years , the Halms purchased, under a contract for � deed, the residence to the south with a meets and bounds description of the land. The Johnsons � have purchased the property to the north under a sir�ilar agreement. w Th� purchasers have recently considered fulfilling � the contract but learned that the parcels as • described are not recorded with the County. There- fore, neither property has clear title and all � parties involved are having problems. P�r. Oberhauser, representing P4r. Reiling, has subrlitted an application � for subdividing these properties so both titles can be cleared and all parties satisf_ied. f Combining these lots would only result in two �residences on one parcel. Although the proposed ! rearrangerient is in conflict with our Policies and ordinances, it appears to be the best solution. « I want to call your attention to another situation � which currently exists in this same area. Lot 7 (also substandard) is located adjacent to Lot 8. • Lot 7 is also occupied by a structure which appears � vacant. SoMe renovation or restoration might be necessary if it were to be used as a residence. I , have received some inquiries from parties if the structure could be purchased and r.►oved to other � locations as a garage. I caas also asked about City policy regarding ter.lporary residence in this r structure during construction of a new residence. I somewhat sense that I caill be approached in S the near future about the possibilities of obtain- ing a variance to build a new residence on this � substandard Lot 7. I believe we should address • the issue. I have been informed that Lot 7 is currently owned by either a son or daughter o_f � the Ilalr.ls. � I have forwarded copies of the proposed rearrange- ment along with request for cor.�u:�ents to the City � 1ldministrator, City Attorney, City Enc�ineer, and � �ity Public �•7orks Coordinator. (Continued) r � � � * �ti�GULAR P2EFTING OF T3�E OROr10 COUNCIL, t]OVEP2I3ER 14 , 1977 Page 16 w A public hearing has been scheduled to be held SUBDIVISION " hy the Planning Cornr.�issiom at 8.: 00 P.M, on 4470 & 4480 Forest �over7ber 7, 1977. Lake Landing � (Continued) Planning Commission P7eeting - November 7, 1977 � P�r. Oberhauser, 2�4r. Iialr:�, P�r. Hac�en and P4s. Reiling ` were in attendance. P�r. Oberhauser presented prelir.►inary plan of proposed division. � • Planning Cor:unission recorunended approval of ��relir:linary plat to provide two individual sites + for the t�ao conflicting residences on the properties. Request access easerlents as necessary to eliminate � possible access problems in the future. � Council I'ie�ti.ng - Novei:zber 14, 1977 � But]_er r�loved, P�sek seconded, to approve the ` prelir_Iinary subdivision request of '3er.�hard Reiling, 4470 & 4480 Forest Lake Landing, � per the Planning Cor.mmission recoru:lendations . r�otion, 11yes (5) - r7ays (�) - � � P�Ir. Alan Olson, Assistant Building & Zoning V�RIANCE Adrninistrator, entered into the record the follow- 3925 �Jatertown Road ing information concerning a variance request of �326 � Loren Butterfield, 3925 [aatertown Road, dated Loren Butterfield October 13, 1977, which states : � Zoning district requires five acres with setbacks � of 100 ft. from the road and 50 ft. from the side lot lines. s � The rlain portion of the existing dwelling is setback 24 ft. from the street right of way with a two foot � extension beyond the main front line of the house. The existing side yard setback fror.i the property � line to the north is 32 ft. � Mr. Butterfield is requesting approval of variances for the proposed addition (family and recreation S roon to the south end of the house and a foyer and � stoop to the front of the house) . The proposed farr►ily-rec roorn addition would not interfere with � the existing non-conforming side yard setback to the north. This would be the most logical location. � It would not interfere with the existing non- conforning side yard setback. This addition �aould � be set back from the street further than the • existing residence. The proposed five foAt foyer addition ��ould result in a slight encroachment �, of the existing front yard setback. � The proposal would rec�uire approval of a variance of 18 ft. from the side setback requirement and � 81 ft. from the front setback requirer�ent. (Continued) � � R3;GULI�R PZEETING OF ':i3F OROr70 COUTICIL, rIOVTr1BER 14 , 1977 Page 17 � Pl ,�nning Corlr�issic-,;� t9�eti;��G -- Plovember 7, 1977 V7�RIANCE . 3925 tdatertown Road I�1r. 13utterfield pr��sented proposal. The survey (Continued) :�uur.litted with the proposal is somewhat vague. � The Commission interpreted the survey to indicate � the existing front yard setback to be 24 ft. The proposed five foot �foyer would reduce this sethack � to 19 ft. A var_iance of 81 ft. would be required. � `1'he P]_anning Corunissi_on recommended approval of the v�3r_i�inces . � � Cotinci_1 P,��eting - Novernber 14 , 1977 � Butler moved, Pesek seconded, to approve the variance request of Loren �3utterfield, 3925 Wat�rtown Road, � pc�r the Planning Commission recor:u:lendations. P4otion, Ayes (5) - Nays (0) . � + 2�1r, Alan Olson, Assistant Building & 7oning VARIANCE � Administrator, entered into the record the 1428 Baldur Park Road �ollowing information concerning a variance $327 � request of Raymond Piolde, 1428 Baldur Park Road, Raymond P��olde dated October 13, 1977, which states: � This district is zoned as follo�as : Area - 1/2 acre �(21, 780 sq, ft. ) , width - 100 ft. , lake setback - • 75 ft. , side setback - 10 ft. � Pdr. Molde is requesting approval to construct a second story expansion on his e�isting residence � which is currently non-conforming in lot area width and lake and side setbacks. � The following variances would be necessary for � approval: � Area - approx. 13, 000 sq, ft. � Width - 50 ft. Lake setback - 13 ft. �1 Side setback - 2 . 1 ft. S This proposal would not increase the existing i hardcover area or percentage. The enclosed survey indicates the location with no increase � in house area. The enclosed sketch for hour expansion indicates the second story only with a � 20 ft. height linlit. � I see no probler.l here, but we might consider applicant obtaining letter of no objection from � ir,u�ediate neighbor. (Continued) � A • w � R:�'�c;tJL.'�R i4EETING OP liiE OROPJO COUI7CIL, r]OVri1BF.R 14 , 1977 Page 18 � t�l.anning Conr,lission i4eeting - Pdovember 7, 1977 VARIANCE . _1428 Baldur Park Ro�� ,1r, rzolde was present. Conunission recoru�ended (Continued) • r��proval subject to combination of three sub- :standard parcels he now owns (Parcels 8, 17 & 18) . + Justifications: � l. Proposal does not increase hardcover. 2 . Condition eliminates two substandard lots. f �•ir. Molde was informed by Commission that recoru�ended combination would eliminate s�cond • substandard building site. � Council P�Ieeting - PJover.lber 14 , 1977 ` Pesek moved, Butler seconded, to approve the variance request of Rayrnond i�iolde, 1428 Baldur � Park Road, per the Planning Conunission recom- • mendations. i�2otion, Ayes (5) - P1ays (0) . � I�4r. Alan O.lson, Assistant Buildiilg & �onii�g `i'ONhA WESi DFVELOPP�ZENT � Administrator, entered into the record the follow- 2477 Shadywood Road ing inf_ormation concerning Tonka [�lest Development, #330 � 2477 Shadywood Road, dated October 24 , 1977, Frevert & I�all which states : �The City Council approved plans subject to County � approval of relocated driveway access, staff � approval of building code requirernents and engineer' s review and approval of drainage. Staff to review � assessrnent requirerients for the next neeting. � Staf� - October 26, 1977 - Assessnent Review � The existing building was built in 1969 on Tract B, . RLS 88. The sewer was connected in 1969 , water in 1973. Tracts A & B are not combined and are � shown under separate ownership, but are both included on the site plan of this addition. The � addition will be within Tract B. � Tract A: assessed sewer interceptor and lateral, no units : sewer paid 1967 • assessed water lateral and one cor.uaercial unit: pending � Tract B: assessed sewer interceptor and lateral, 1 unit: sewer paid 1969 assessed water lateral and 2 corunercial units : water paid 1977 � No sewer connection unit has been charged for the vacant Tract A; one unit was paid on Tract B, but the City has been billing for two units consistent � with the water assessment. Total assessr.ient for . 3 & B: 1 sewer unit, 3 water units. (Continued) i • � R1�GULl�R t4EETING OF Tii� ORONO COUNCIL, r10VEt7B�R 14 , 1977 Page 19 � Under the r�etro Sewer use formula, the existing TONI;A WEST DEVELOPM}. �7 building would have had one SAC, unit charged. 2477 Shadywood Road � The addition will l:ave three SAC units charged (Continued) based upon the rate of one unit per ?. , 400 sc�, f_t. Total: , four units. ! �i�he staff, therefore, recorlmends that the property � be charged for four units of water and sewer rec�uiring the collection of three adciitional sewer units and one additional water unit at the time of the building permit. � 3 :� $225. 00 = $ 675. 00 � 1 �� $370. 00 = 870 . 00 � Total $1, 545. 00 - due � �3utler moved, PZayor Van rlest seconded, to adopt RESOLUTION �r853 � Resolution #853, A Resolution Approving A Cor.unercial Frevert & Hall F3uilding Addition For Frevert And Hall (Tonka �aest 2477 Shadywood Road � Development) . r4oti.on, Ayes (5) - Nays (0) . • i•Zr_ . I�lan (�l��on, I�ssistant Bui_lding & 7oning VI�RIAr10E � �'�drlinistrator, entered into tlz� record the 3�l96 Shoreline Drive following information concerning the variance �k332 � request of David Bie, 3496 Shoreline Drive, dated David Bie October 28, 1977 , which states : �r�1r. Bie s�brni_tted some �relir;Z.inar sketches for � 1 Y review by the Planning Conunission so he rnight � obtain conceptual apProval of his proposal at the • above location. On Septenlber 6, 1977, the Planning Comrlission approved the concept subject to no S variances from setback or parking requirements and no curb cut for access to County Road #15. i Pdr. Bie returned with the final plans shortly � before October 12, 1977. After brief review by stafL, he was inforr�ted that variances ��ould be � rec�uired from lot area and rear setback requirernents. The complete application was not submitted in time for staff to prepare a work session report for � the Planning Commission meeting of October 17, 1977. On rny suggestion, i4r. Bie personally appeared before the Planning Conu:�ission on October 17, � 1977. He made a brief report on his proposal and requested the Planning Commission consider his personal presentation as a work session so final + action could be taken at the Planning Cor�rmission meeting scheduled for Plovertber 7, 1977. Since I � did not have the time to review the proposal . previously, I was unable to make any suggestions ` or direct the Planning Co�unission on this issue. (Continued) � � � � � i�I��c�Ur,.�R r�t�;r�`rIT�G or Tli�, c�.:oivo couticlL, rlov},r1F3ER 14 , 1977 Page 20 � �'�ftcr reviewing the final plans , ho�aever, I find VARIAr10E the Proposal to be somec•lhat dif_ferent from what 3496 Shoreline Drive ythe Planning Commission had directed in th��t (Continued) variances would be izecessary from both rear setbaek and parkinc� rec�uirements. The final � ��lans also indicate no change in the originally pr_oposed access to County Road tt15. • Par_king Requirer,lents : • O�fice SPace - 1 per 200 sq. ft. including storage � area for material and equipment • pertaining to the operation (Section 38. 311 & 38. 150) � Retail Busin�ss - 1 per 150 sq. _ft. including storage � ar_ea for nlater_ial and equi_prient pertaining to the operation � (Section 3II. 315 � 38 . 150) � Rear Setback - B-5 - 30 ft. � I am also enclosing the letter f-rorn the Fiennepin � County Public Works Department. mhey apparently would prefer to eliminate the extra access to ` County Road #15 to prevent additional traffic hazards. � The site plan appears to be c�uite detailed, but � without some dinensions , it would be difficult � for staff to determine exactly what is expected. The plans provide no protection around the land- � scaped areas. �ae have had problems in the past with unprotected planting areas in sorne of our S other commercial zones. � I have not as yet received the sign detail as • requested by the Corunission. If Iir. Bie submits this information in time for the November 7 r►eeting, � I will enclose it in the packet. Planning Commission Meeting - Novertber 7, 1977 � Reconunended approval of variances - rear yard • setback and parking requirements. Recommended approval of site plan and building elevation � plans subject to following conditions: l. Eliminate curb cut and direct access onto County Road #15 because of potential traffic � hazards (recor�u7endation of Hennepin County Traffic Engineering Department) � 2. Access to Navarre Avenue. � 3. Protection of landscape areas with curbing or other approved method. (Continued) � � � � REGULAR IIEETING OF TI�i� ORONO COUNCIL, P]OVEI4BER 14, 1977 Page 21 Planning Comrnission �lso reviewed hazards resulting V7IRIAPdCE frori full length opened curb cut from Burl Tree 3496 Shoreline Drive ��stablishment onto County Road #15. Recomr,iended (Continued) Council consider in2tiating some action for solution to existing hazardous situation at this location. ! Cotanci_1 Plceting Nover�lber 14, 1977 � Mr. 7�lan Olson also commented that staff recorunends � against a curbcut on Fi�nne�in County ;k15 and would 1_ike to si_udy other situati_ons li_ke thi_s on County � Road ,'�1.5. ' � I�Zassengale moved to ap��rove the plan allowing curb- � cut onto County Road �15 as shown on Plan. P�otion died for lack of a second_ � Butler moved, Pesek seronded, to approve the building � plans �nd arlended site nlan for Davie �iie, 3496 Shore- line Drive, subject to: l. Move curbcut west to be contiguous with P7avarre Avenue, subject to power pole being relocated. � 2. Staff review and approval of all plans. PZotion, Ayes (4) - P1ays (1) . Councilmember Massengale Nay. Councilraember Paurus left the Council Chambers at 9 : 45 P.P4. � � P2r. Alan Olson, Assistant Building & Zoning FOREST ARPSS Adr.linistrator, entered into the record the f_ollow- SUBDIVISION � ing inforrlation concerning a subdivision request of #336 Carol Sue Dongoske, F'orest Arms Subdivision, dated Carol Sue Dongoske � IQoveiaber l, 1977, which states: � This subdivision was approved by Council on February 23, � 1970, and has been recorded accordinglv, No lots have ever been sold or developed except Lot 8, Block 2 , and the proposed extension of Forest Arr►s Lane was never improved. � a The original approval was subject to a pc�r�ormance bond for the street improvements and. no construction � on Lot 5 until it was serviced by sewer. All lots were serviced with the 73-1 sewer project which became operable in November of 1975. All lots meet the current one acre lot area, 140 ft. lot � width requirements except Lot 5, Block l, �ahich is short of area. (Continued) � � � � s i � R�'�i,iiL.�R I1EF.TING OF Ti�F ORO?��0 COUNCIL, rJOVF?1�31"R 14 , 1977 Page 22 f ;�Srs . Dongoske now desires to complete the road at SUBDIVISION th� developer' s expense and off,er the lots {or rorest Arms � sale. She is requesting Council to authorize (Continued) t�he road and drainage improvc�nents according to the original plat approval . � I sugyest Council consider the following: + 1. Coilsider the ir.lplications of Public street accel�tance concerning current policy. The road is a logical extension of the existing ��ublicly maintained portion. • 2. Iiave the City Engineer revie�v the proposed design specifications for road and drainage � iriprovements . 3. Require a developer' s agreement and performance bond; arlount 1500 of expected cost. 4. Note that current ordinance rec�uires a park � dedication fee at time of_ platting or development; amount l00 of land value ($6 , 400-$9 , 400 = $640-$940 per lot) . The developer may wish to prepay this now. 5. Note that Lot 5 , Block l, requires a variance � for lot area prior to a11y construction. 6. T7ote that Block 2 abutts an existing ditch that has previously been dredged. Ri�arian access will likely be requested and dredging policy should be restated. � Council P�4eeting - Plovember 14 , 1977 • Piayor Van Nest r.loved, I•iassengale seconded, to refer to the Planning Coi-�nission the request for a sub- division of Carol Sue Dongoske, Forest Arms Sub- division, to review: � l. Ident�fy wetlands • 2 . Deternine riparian rights 3. Public street acceptance � 4 . Conservation easenents S . Drainage inprovenents 6. Required variances ' � PZotion, Ayes (4) - Nays (0) . i • Butler moved, i�assengale seconded, to adopt RESOLUTION #854 Resolution �854, A Resolution Rec�uiring Removal T�2innetonka Avenue Of Private Encroachments Within The Right-Of ��av Of i4innetonka Avenue. 24otion, Aves (4) - Nays (0) . � � � 0 � � Itt:�ULAR I4EETING OI' TI�E OROI70 COUPICIL, I10Vf:P1BF,R 14 , 1977 Page 23 i-2r. 111an Olson, 11ssi.stant Building & Zoninc� ON-SITE DISPOSAL Ac3rninistrator, inforried i�he Cit.y Council that a ORDIidANCE � 1�ublic heari_ng should be scheduled to adopt an on-site disposal ordinance. , P�Zassengaie moved, Butler seconded, that a public PUF3LIC I�EARING DATE hearing be scheduled for January 23, 1978 at On-Site Disposal 7: 00 P.i�. concerning an on-site disposal or_di.nance. P-4otion, Ayes (4) - P7ays (0) . r1r. I�lan Olson, Assistant Buildiilg & Zoning IPISPFCTION COPd`i'RIICTS Administrator, discussed updating tlze present Agreerlent and Contract for Ruilding Insncecion � Service provided for other nunicipalities. Staff will review the Agreements and finalize these charges for Council review at their tloverlber ?_8 , • 1977 Counci_1 r1eE.i�i_ng. - :1r. Alan Olson, 7�ssistant Building & 7oning SE[vFR S},':�JICE Administrator, discussed the sewer service AVAILABILITY CHARGE availability_ charge with the City Council stating that Chapter 13 of_ the Orono I•luniciPal Code is attached in its entiretv. Certain questions raised at the last Council meeting are revie�ved in relation to the existing code. �1 . 13. 010 defines the charges as a rieans for payment of excess capacity debt service assigned to the City. There is no direct relationshin established between the collection of charges and any given sewer service area. 2. There is no explicit or implicit duty to collect or relay any amount other than the calculated + fee based upon actual hookups or construction. There is no fixed debt to be retired or guaranteed. 3. Any realignment of the i•��TCC sewer service area would,therefore, have no effect on the collection of charges or the debt service under the existing ordinance and policy as follo��ed since 1973. 4. Past IIWCC audits of SAC collection have failed • to produce objections to or refunds of charges collected in northwest Orono which has never been included within the se�ver service area. 5. Any future contract with P�IWCC based upon � assurances of connection unit payr�ents would, therefore, be no change in existing policy, but only a forrialization and extension of the current ordinance. � , �t;GULAR P73',PTII'�G OF `l,Hr ORONO COliI1CIL, ?JOV7.T9F3t;R 14 , 1977 P�ge 24 �-ir, Alan Olson, Assistant I3uilding & 7oning PAUL' S LANDING LICENS] T��ministrator, discussed Paul ' s Landing 1977 � �arina license with the City Council stating �tlzat the 1977 marina license application for Paul' s Landing was delivered November 8, 1977 , from the LA�CD. I understand that the Lr2CD has not yet acted on this 1977 license and, in f_act, has concerns involving the Plan suhmitted therein showing encroachr,lent of the existing docks over tlZe nroperty line extensions and beyond the authorized dock use area. The City Council on August 8 , 1977, <�doPted Resolution �#813 granting a license for Paul' s Landing for 112 total slips , based upon the 1975-76 dock plan. An actual license has not yet been issued because after repeated attempts by staff, iSr. Fahlin has not signed the original resolution nor had he � subr:titted the correct license fee. In view of the new information concerning dock location, Council may wish to reconsider the license. I�Sr. Alan Olson, Assistant Building & 7oning UNLICENSED CARS Adr.►inistrator, inforr�ed the City Council of COMPLAINT � complaints concerning 1200 Loma Linda Avenue 1200 Loma Linda Ave. stating that there are letters in the file for this address indicating junk car comPlaints and probler►s dating back to 1969. Renewed complaints reached me in April of 1976 concerning a white Chrysler parked on the street. Violation notices were sent, but no relief was Provided. On Piay 20, 1976 , citations were issued an d the car �aas towed as being abandoned on the street. ti�dithin a �veek, the car was back. This tir:�e with current license tabs, and it apparently has not moved since. Our only applicable ordinance is 82. 040C which , prohibits unhoused storage of unlicensed, wrecked or junk cars. V7hen a carcass carries current � license tabs, there is a serious legal c�uestion if we can tag, even though the eyesore exists, licensed or not. When the August 1977 tabs expired, this time on , two cars, renewed com�laints were received and new notices sent. New citations were issued on October 18, 1977, and again on Nover.iber 9 , 1977. To date, the cars still have not been rioved. If this problem is to be perrianently solved here and elsewhere in the City, we need to have a more forceful ordinance. (Continued) R�GliLAR idEETI?IG OF Tt�E OROPdO COUNCIL, r10Vr?113rR 14, 1977 Page 25 l�avor Van rJest rec�uested staff to review the UNLICFNSED CARS c�or:��laint and disci�ss the matt=�r with the owner 1200 Loma Linda 11ve. � of tl�� roperty at ]_?00 Lorla T�ii��aa 11v�n,�e, (Conti_nued) Butler nioved, Llayor Van rlest secondec�, to reconsider R}.CnNSIllER n10TION the previous notion macie at the Couiicil meeting 320 ��oodhill Road ` of October 24,1977 , concerning the variance rec�uest #�275 of Robert j�7hite, 320 ��7oodhill Road. PZotion, Robert �°7hite Ayes (4) - Nays (0) . Butler moved, t4ayor Van Nest seconded, to elininate NF�� P70TION the requirement of_ a letter of approval from �7ood- 320 �loodhill Road hill Country Club. �7otion, Ayes (4) - Nays (0) . � Mr. Alan Olson, Assistant Buildi_ng & Zoning STI�`PUS REPORTS Adninistrator, inf_ormed the City Council that the following items were being reviewed by the P_lanning Coru:�ission for action at a later date : P7est Shore ' Lafayette Bay Association, 2440 Old Beach Road, dredging of channel; James Lawrence, 1550 Sixth Avenue North, subdivision; Conley Brooks , 1125 Spring Hill Road, subdivision; Earl Dorn, 3965 Watertown Road, variance; Thormas L��on, 4790 Plorth Stlore Drive, variance; George Jackson Construction ComPany, 90 �aillow Drive South, subdivision; � Dennis ICrump, 280 Tonka Avenue, variance; Joe nraun, 3024 Casco Point Road, subdivision. Mr. Greg Frank, City Engineer, reviewed his RING ROUTE letter to the City Council concerning the Ring Route Construction dated October 17, 1977, which states : As requested, we are submitting herewith a Pre- lirainary Engineering Report for the construction � of the Ring Route from the intersection of County State-Aid Highways No. 19 and 84 , northerly and northeasterly to the intersection of County State- Aid Highway No. 6 and i9atertown Roaci. The Ring Route is designated as a P�Sunicipal State- Aid street and,as such, the construction costs are eligible for funding iror,t the State Aid Fund. If you have any questions or require further information on this report, we will be Pleased to discuss this further with you at your convenience. End of letter (Continued) � � i:i;i;iiT:.';iZ ?;Ei,`1'Ii:; t�F `i:If}: nRO�JO COLi:1CIL, '::0�%1;?iRER 14 , 1 `�77 ?'�-acle 26 � ?lassengale moved, P7�3yor Van Nest secoiided, to accept RINr ROUTE the Pr.eliminary �ngineering Regort to construct (Continued) � the -proposed Ring Route ��id to hold a �ublic � h�aring January 23, 1978 , r2otion, Ayes (4) - Nays (0) . � t�Iayor Van tlest moved, Butler seconded, to ap��r_ove I3II<},WAY (�Iu�NT � the application to the Minnesota DePartr~�ent of_ � Transportation for a Preliminary Bikeway Grant and to forward the preliminary proposal to the � Par_k Coru:�ission for their rev�_ew and comrlents. i�i�1_ion, Ayes (4) - Nays (0) . � � Playor Van Nest iniorr�ed the City Council that NE�VSLETT�R staf_f are in the process of gatherine� information � �or a c�uarterly newsletter. It is antici�at�d tlzat � the f_irst one wi_11 1�� out by J�nuar_y 1, 1_978 , � Dick Benson, City I�c.��ini_strator, presentc�d to the COPu7Ur]ITY PLAr�NING � City Council a letter f_rom the Office of Planning BOARDS and Development concerning Funding for Comr;lunity r Planning Boards, dated P7ovember 7, 1977, which states: � � "As you know, the question of funding ior_ Comrlunity Planning Boards (2lorthwest Hennepin Hur�an Services � Council, South Henne�in Human Services Council, and �Vest Hennepin Hunan Services Planning Aoard) � has been an issue in Hennepin County for the �ast several years. These discussions have usually � centered around the County Budget and, while the . County Board has expressed its intent to reduce its level of funding for these Boards , proposals to ` do so as part of the County budget process have not been implemented because municipalities (on �r, the same budget timetable) would be unable to seriously consider f_unding these groups at such � a late date. In order to provide adequate tirle for advance planning and discussion, the attached V� resolution was introduced and reviewed by the O LJays and P�4eans Cor.lmittee of the HennePin County Board on October 31. The �urpose of this resolution � is to reaffir-ri the F3oard' s intent to reduce County funding of Community Planning Boards in 1979 and + to direct staff to: r a, meet with local officials and board mertbers to � discuss the details of the proposed funding policy; and, • b. give the Boards sufficient time to solicit � supplementary sources of support for 1979 . The final decision on the amount of County support � to be provided to these ogranizations in 1979 will be made next fall when the County' s 1979 budget is � adopted. (Continued) � � � KFGULAR IZEETING OF TIIE OROtdO COUNCIL, PJOVF.*9BER 14 , 1977 Page 27 � 'rhe C7ays and t9eans Cor�mittee de_ferred action on COru4UNITY PLAiJNING this resolution for 30 days to .prov.ide municipalities BOARD � and affected agencies sufficient tir:ie to review and (Continued) w ��orunent. Corunittee action is tentatively scheduled for P4onc3ay, Decenlber 5. I would aP�reciate receiving � your con�ments on this proposed resolution hy December 1, and I am available to answer any � questions you might have about it. " ' � Philip C. Eckhert, Director � F�zd of letter i � Dick f3enson, City Adriinistrator, presented to the r4ETR0 LAND PLANNING City Council a letter received from John IIoland, ACT � Metropolitan Council Chairman, concerning + ��letropolitan Area Citizens and Government Officials , dated October, 1977, which states: �i "�nclosed are proposed amendments to the i4etropolitan � Development Framework chapter of the 1`4etropolitan Development Guide. Three public hearings have � been scheduled to receive comments concerning the drafted arlendments. The rlajor portion of_ • testimony will be taken at hearings scheduled at 1: 30 P.P4, and 7: 00 P.Ps, on Thursday, November 17, � 1977. The hearing record will then remain open � until Thursday, Decer,iber 8, 1977, when the last hearing will be held at 7: 00 P.I-4. to receive � remaining testimony. All hearings will be held in the P�etropolitan Council Chartbers , 300 Pietro � Square Building, 7th and Robert Streets, St. Paul, . P•linnesota 55101. � • The purpose of these armendments is to provide local units of government and r,zetropolitan agencies � with up-to-date policies and inforr.�ation which are needed to carry out the Pietropolitan Land � Planning Act. The intent is not to rewrite the entire Guide chapter at this time; a general • rewrite and update is prograrimed for 1978. � The arlendrients would: • . . . clarify and expand the policies text and/or maps for the Fully Developed Area, the Rural i Service Area, aizd Freestanding Growth Centers ; � . . .exclude Dellwood from the 1981-1990 addition � to the P�Ietropolitan Urban Service Area; . .revise urban land demand data; and � . . .revise the forecasts of population, households • and employment, 1980-2000. (Continued) � � � � � � Ri:GDT,11R ISRETTIdG OF THE �iRG1v0 COUI�JCIL, NnVTI1T3l,R 14 , 1977 Page 28 � :�11 interested persons are invited to ��articip3te P1ETR0 LAND PLANNI2JT in the hearings, t��e expect tha.t rlany people may ACT � ��aish to comnlent on the proposed amendments and, (Continued) i therefore, encourage you to call the Council at 2�1-6482 and let us know in advance if you wish � to speak. Those who rec�ister first will be scheduled i�o speak first. Written cornMents may r also be submitted until December 8 through the Chairrnan' s Office. � � ?�dditional copies of tlZe proposed amendments to the Developnent Frame�aork are available free of ,� charge from the Council' s Public Information Office at 291-6464 . � I liope that you will be able to attend this � hearing and offer your corunents. Alternatively, I encourage you to send your written comr;�ents � to Me. " � John Boland, Chairman � Fnd of 7_etter � � Dick Benson, City Administrator, informed the City 73-1 CLAIM Council that after the restoration to PZr. Earl Earl Pike � Pike' s property at 830 [7indjammer Lane, three � items were not corrected to his satisf_action. The driveway has developed abnormal cracks in the � bituminous overlay; water collects and stands in a swale at the turnaround, and a tree that was � replaced did not survive. � I have reviewed their claim and do agree that the . claim is valid. It is my opinion that the driveway and turnaround can be repaired for $450 and the � tree can be replaced for $125. w Because of the threat of bad weather almost upon us, I suggested a cash settlement to P4r. Pike so • that this claim can be settled as soon as possible. � No November 2 , 1977, P•�r. Pike agreed to a cash � settler.lent of $575. It is my recomrtendation to make payment to PZr. Pike �or that amount. ! Upon receiving payment from the City of Orono, .T'Ir. Pike � will release the City of Orono fror,i any further liabilities or responsibilities in regard to this claim. � • Butler moved, Pesek seconded, to approve the payment of $575. 00 to Earl Pi)ce, 830 Windjammer Lane, per �the above rtemo. Piotion, Ayes (4) - Pdays (0) . � � � � � Ri;i,UT,.'�R P9EETING OF `ii�E ORONO COU?�CTL, t]OVEt1I3ER 14 , 1977 Page ?_9 � �i_ck I3��nson, City Administrator, in.f_orrled the City TAX FORFEIT PROPLRTY c�ouncil of a letter received frorn Vc�rnon Iioppe, � I'inance Division A'Ianager, Hennepin Cowlty, dated • S�pterlber 30 , 1977, which states : � "L'nclosed please find a list of non-conservation land in HennePin County. These parcels forfeiteci � to the State of P4innesota for non-paynent of real estate taxes in prior years. These parcels have � all been approved by the Hennepin County Board of � Corlrlissioners for sale at public auction but have not yet be�n a��proved by your munici_pality. � As provided in iliilnesota Statutes 282, we ask that � your Council approve the public sale of the parcels. You may also rtake application to acc�uire the parcels � for public Purposes pursuant to ri�_nnesota Statutes 282. 01. If it is the intent of the Council to � acquire these parcels for public use, please do • so by resolution stating the use to be made of the parcel, and riake application on the appropriate � conveyance forrn. " � End of letter � t��ayor Van Nest moved, Butler seconded, to adopt RFSOLUTION �f355 ' Resolution #855, A Resolution To Retain Certain Tax Forfeit Property Tax Forfeit Properties For The City Of Orono. � 27otion, Ayes (4) - Nays (0) . s Dick Ilenson, City Adrtinistrator, presented the RECEIP`iS , ETC. � City Council the Sur,unary of Receipts, Disburse- Ending September 30 ments, and Balances for the nine months ending � Septenber 30, 1977. � � Dick Benson, City Administrator, presented the RECEIPTS, ETC. City Council the Surmlary of Receipts, Disburse- September 1977 � ments , and Balances for the month of September, 1977. s � Dick Benson, City Administrator, presented the H.E.C.O. FINANCIAL • City Council the following memo from Police COP7l4ITt1ENT Cliief Kilbo, concerning H.E.C.O. dated Novenber 4, � 1977, which states: � Hennepin Emergency Comr►unications Organization Board of Directors met on Thursday, October 20, � 1977. One of the purposes of fi.E.C.O. , as you • know, is to plan a better utilization of scarce and �recious radio frequencies available to public � safety agencies in Hennepin County. (Continued) t � r � � l<�l'(�liT1.�1R ?1}�F.�i,It�G OF `�I�I� �RONO COi;*1CIL, t��3��;'1:31�R 14 , 1977 Page 30 � � 'ihe Ii.E.C.O. ac�r�ement does conter:�plate cluster_ing H.E.C.O. c�r sh3ring of frec�uencies. To �rrive at som� date (Continued) � �.o rnake decisions on,Ii.F.C.O. proposes an r�nc�ineering study be accomplished �s soon as � ��ossible. H.E.C.O. has apPlied for a grant � but does not expect an answer to the grant until ,7uly, 1978. H.E.C.O, feels it is in the best � iizterest of the group to go ahead ��ith the enqzneer- ing study now. � � `Po this end, they are se�king financial coi�lmiti�ents f_rom their members by Noveml�er 23, 1977, the next � board raeeting. Or_ono' s share of the cor.ti�ii:ment is $800. 00. If the grant is successful, rnonies � could be returned as credits. � I have some monies available in consulting fees and several other line iterns that might be � applicable in 1977. In any event, I anticipate • having sufficient monies in t11e pol.ice budget to cover this expense. I recommend commitraent by Orono for their share. � End of nemo � + Council iieeting - idoven�er 14, 1977 � I3utler rnoved, PZavor Van Nest seconded, to a}�prove $800. 00 a� Orono' s shaze_,o_f the 1978 dues to support � the H.E.C.O. Engineering Study, provided that this is not an on-going amount, and monies are available � in the police budget, if the proposed grant is not approved. Psotion, Ayes (4) - Pdays (0) . � � Dick Benson, City Adrlinistrator, presented the City • Council a letter received from A. J.Lee, Director of Iiennepin County Public �aorks, subject: City � of 1-4edina - Proposed Plorth/South Route, dated Septeraber 21, 1977, which states : � Letter on Page 31 1 � � � � i � � s � • � � Page 31 , c �;� -,, ; - ��- � � `-�1 � ��ti1E: Se�.�te��`�er 21 1971 � �-� �'� �- �' �� _ ! I • �� - - , . - � � � ' . �� To: Cor��;�issioner E. F. Ro':b, Jr. � � r _ : �- ; �� ; . j�:.•��.�L��RI FRor�n: A. J. Lee, Director of Public ',�'orks s, r�, ,�._ ,.. . • � 1 .� � . . .. : .7 VILLP,C:: �.�_� �- . � --• �-�� = ~ sue�ECT: C�ty of tred�na - Proposed t�orth/South Route • . • � A proposed north/south route under county jurisdiction in the City of F�edina is included in the recor�:n��ndation of �he Hennepin Ccunty � � Transportation System Study. A full history of the initiation and � � devel o�ment of the proposal i s on fi 1 e i n the P1 ar-�ni ng b Progra�,��i ng � Section of tne Department of Public �+orks. � On Septe�..�ber 16, 1977 a meeting Yras held with h�r. Ronald Duran, Director of Public 4.ori:s for F'edina , and a member of the Nedina Planring Cor�mission � and Crai g D. Sr�nr_er of thi s dep�rtr�.ent to di scuss al�.ernati ves ;or t�;e proposed r�orth/sou�h route in '�'�dina. � � Three alternatives 4;ere presented to Medina: (1) a "straight t#�rough" � alignment southerly from the intersection of CSAH 116 and T.H. 55 with possible ter-mina�ion at either CSAH 24 or CSAN 6 but not extendiny to . � T.H. 12, (2) a straight align^�ent from the intersection of CSAH 116 and T.H. 55 southerly to t'edi na Road then al ong h',edina Road to Tarnarack Dri ve _� � then souther7y along Tarnarack Drive to CSAH 6 and n�t extending to T.H. 12, and (3) a straight alignment from the int2rsection of CSAH ll6 and T.H. 55 • southerly to t�'edina Road then southwesterly along or near tdedina Road to ' k;illow Drive then southerly along t�illow Drive to T.H. 12. � The hledina representatives eliminated Alternates 1 and 2 very early in the discussion and stated tne h�edina preference to discuss Alternate 3 � - only. Thp reasons given for this were that the primary intent is �o . provide a route from T.H. 12 to T.H. 55 and that their Planning Cormission � and Council have already had discussions as to the best way and their , desires for accomplishr�ent. They have, in fact, narrowed the alternative alignments for Alternate 3 to what they believe to be the most feasible � and, at this time, nave requested that the county develop an alignr�ent and grade for their preferred a7ignrent �nd grade within tneir corridor if � possible. . • The h:edina represen�atives also inquired as to the timetable for construction i � of the proposed north/south route in idedina. It �ras stated that construction could, most probably, not be scheduled sooner than 1982 due to the fact �hat * � the current 5-year Capital Improvement ?rogram is now defined and approval is � . anticipated at an early date, ho��ever, it r��ay b� possible to schedule � construction for 1983 or 1984. • � • • . � AJL:CDS:rm Attachments • � • • � � Rl,i�UI,.�R I1L'I:`iIIdG OF `iI�� OROI�O COUI7CIL, t10Vi;T213F,R 14 , 1977 P��ge 32 ` i7��yor Van tlest rloveci, I3titler secoilded, to a�Prove JOINT 71GREEt'IENT � ?�e Joint and Cooper_ative Ac�reement, Suhur_ban Suhul-ban I�ealth � � alth PJursinc� Service, subject to costs not to P7ursi_ng ��ceed $0. 35 per cai�ita as stated in �esolution #824 � ac�opted Septernber 26 , 1977. t'lotion, Ayes (4) - Nays (0) . I3utler rnoved, P�ayor �Ian P1est seconded, to �ipprove ONF COUPICIL r1EF.TING one Council neeting f_or the month of Decer:�ber to Deceinber 12, 1977 � be held at 7 : 00 P.P4. December 12, 1977. ?4otion, Ayes (4) - Nays (0) . � � 11�yor Van Tdc�st �3nr�oun�ed that a public hearing to PUBLIC HEARING DATE � ar,le��d Ordinance No. 139 will be held December 1?_, Ordinance ido. 189 1977 at 7: 00 P.P4. � T•ia��or Van P1est announced that a public hearing to PUBLIC HI:ARING DATE • consiner the Sandy 13each petition will be held Sandv Beach Petition Decerahc�r 12 , 1977 at 8: �0 P.P�[. � � � Dick I3enson, City Administrator, presented the LInUOR STORE REPORT City Council a report on the Liquor Store Operations for the Third Quarter of 1977 which • states : ' _�-L-tached please find comparative oper�ting staterlents of the lic�uor store for the third � quarters of 1977 and 1976 and for the nine months year to date for 1977 and 1976. � Third quarter sales and gross profit for 1977 are � slightly over 1976 for the same perioc�. Year to • date sales and gross profit are virtually even for both years. ExPenses for the third quarter of � 1977 are $3, 438 over 1976 and 1977 year to date expenses are $5, 670 over 1976. The year to date � increases in expenses are primarily for salaries (up $765) , rent (up $2 , 175) , insur_ance (up S2, 865) , � and payroll taxes (up $358) . There is a decrease in date processing expense (down $610) . � � Third Quarter 1977 over Year to Date 1977 over (under) (under) • 1977 1976 1976 1977 1976 __ _1976__ ��ss Sales $107, 172 $106, 063 $ 1, 109 $279, 040 $278, 988 $ 52 S�les Discount 1, 550 594 956 4, 043 1, 330 2, 713 �et Sales $lO5, b22 $105, 469 � $ 153 $274, 997 $277, 658 $(2, 661) ��- of Sales 75, 518 76, 667 (1, 149) 198, 621 201, 117 (2, 496) ,� Profit $ 30, 104 $ 28, 802 $ 1, 302 $ 76, 376 $ 76, 541 $ (165) Expenses 19, 029 15, 591 (3, 438) 55, 773 50, 103 (5, 670) '��t Income Before �ther Income S__ll 075 S_13, 211 S�_2_i136) S 20, 603 � 26, 438 ,�5. 835) � (Continued) � . �"�;t,?,:��R ?;�,�,`�7'1G nI' `�t�T nP.0Ia0 CO�i?�C'IT,, '�ovl_;I7BI;R 14 , 1977 Page 33 Through Septenber 3� , the cost to the liquor LInUOR STORE REPORT ��l;eration for t}ze use of credit. has been $171 , (Continued) �� Zcluding bank charges. At the same tirne, sales on credit have t_otaled $3 , ?_0?_ . f • I�r. Greg Frank presented the ai�taclzed letter to WATER RA'lE CI�11RVFS � t=he City Council concerning [7ater Rate Charges , dated Plovember 19, 1977. i • Letter Pages 34-36 • Playor Van Nest noved, I3utler seconded, to approve t=he recorvlendation of staff to adjust the current ` i�avarre water rate charc�es to a flat rate charge - of $0. 90 per thousand establishing a minimura � quarterly charge of $7. 20 f_or users consuming 3, 000 gallons or less per quarter, effective January l, 1978, �ahich will be billed at the end • of the first quarter in 1978 , and to submit a resolution for Council approval at their , T_Jovember 28, 1977 Council meeting. rsotion, �yes (4) - t�ays (0) - � � ! � * � � � � � � � � � � � f Page 34 4 � � McCOMC3�S-KNUTSON /�SSOCIATES, INC. � ! �� CO":SULTING ENGINEERS II LAND SU"nVEYORS Ij SITE PLA'cNERS � � : � ,,� �_ �: _. � � Novc��;�bcr ] 0, 19'17 � i��,Sr. John Gerhardson City of Orono P. O. Box GG Crystal F3ay, Aiinnesota � � Subject : �Sater Rate Charges Dear John: The purpose of this corres�ond�nce is to clarify our meeting of this morning regarding our preliminary engineering report on water rate char�es for the I�avarre area. `I'he foremost objective in establishing a rate structure is to insure that revenues from the sale of «�ater is adequate to � operate the «�ater department . A secondary objective is to � i_nsure that the rate system is equitable to all users. � Our report had proposed several rate structures, some that could be classified as step rate systems and others that «�ere flat ra�.e systems. Both types of systems have advanta�;es and � these �;ere discussed in the report as well as at our meeting of today. The result of the mee`�ing was a combination of both s5�stems using the following� pricing policy. - � Cost of �tiater �0. 90/1000 gallons hiinimum Quarterly Bill $7. 20 The advantages of this pol-icy are : 1 . Revenues are e�pected to be adequate for operations. Based on information contained in the report, the S following revenue/expense data is estimated for the proposed rate structure. Year 1978 1979 1980 Expenses Estimated �48, 000 �52, 000 �56, 000 Revenues Estimated �49, 750 �55, 310 �61 ,450 � � 12805 OLSON MEh10RiAL HIGHWAY, MINNEAPOLIS, MINNESOTA 55441 TELEPHONE (612) 5593700 ' 22 NORTH MAIN STREET, HUTCHItVSON, MINNESOTA 55350 TELEPHONE (612) 897-8029 SOUTHWEST ENGINEERING DIVISION, MARSHALL, MINNESOTA 56258 TELEPHONE (507) 532-5820 Dfr. John Gcrhardson Page 35 T�ovc�rnbcr 10, 19'7? Pa�e T«o � � 2 . 'The systcm � s equitable. Orono ' s curi•ent 1-ate sti-l�cture is set up so tliat there is a mi�iir>>tim char�;e of � �7 .50 for uscrs that consume less than 10, 000 �allons per quarter of �vater . G�nerally, these users are elderly , people on fixed incor>>es . Rou�hly 9. 5jo of the current ctistomers consume less than 5, 000 �alloils per quai�ter, and another 13 . 8 0 of tl�e custor,��rs consw;�e b�t«�een 5, 000 and 10, 000 �allons per quari;er . U»der the proposed rate structure, those customers consuming below 8, 0000 ��allons will be charged `�7 . 20 per quarter u•hich results � in a unit cost of at least $0. 90/1000 gallons. Thus, r.�ost small users will have a s��all decrease in rates, }�et their unit cost for «:ater is {;reater th�n for users consurning over 8, 000 �allons. During inflationary periods, one ��rould eapect rates to increase to keep pace with increasin� operating costs . The proposal does not ii�l��act low volume users, of �r•hom many are e�pected to be on. fixed incomes . Simultaneously , Uy setting a r.�inir�um quarterly rate, the higher costs per connection associated . with low volur�e users can be recovered. In the case of larger users, the financial impact is demonstrated by the following comparison : Consumption Per Quarter Quarterly Charge Based on - ' (1000' s Gallons) Existing Rates $0. 90 1000 Gall�ns � 0 '' �15. 00 �18. 00 � 30 22 . 50 27 . 00 50 34 . 50 45 . 00 � 100 59. 50 90. 00 200 99. 50 180. 00 A typical three person household can expect to consume 20, 000 to 30, 000 gallons per quarter. Thus, their rates would increase by �3 . U0 to �4. 50 per quarter. � One of the foremost concerns regarding the lar�e volume users is that if the �roposal is adopted, these users will be more careful in their consumption habits and therefore revenues will decrease. Obviously there is a ecological concern that �vould sug�est that decreased consumption is good. To assess the loss of revenue impact , if all those users that consume over 50, 00� gallons per quarter were to effectively renuce consumption by 20`�, revenues �vould decrease by roughly �1700 to 52200 from 1978 to 1980. Total revenues �vould be adequate to meet operatins expenses because a minimum char�e is imposed on low volume users. � � - e ?,'.r . John G�•r}}:�rdsun ` '��rc�mbcr 10, 19i7 _ � Pa�c 'fhree Page 36 � lf cur.rc�nt collst�r:�ption patterns ��ere to coiitinue after acic,l,i. i ng the proposal , a f lat rate char�;e of $0. 90 l�er thousa�id �;allons �ti�ould Ue adequate without a minimum quarterly ch�r�;e . Then low volume users could e�pect an even smaller �ti�ater bill . � �tie � disctissed the possiUility of eli�ninat� n� the minimtim char�;e or reduce the r.�inimum char�;e Uy �n arnount �reater than that ��roposed. lion�ever, if the large voluine users �vere to reduce consumption, the �ciditional revenues associated �vith a r�inirnum char�;e are necessary . S It ��ould seem rnore prudent to mai�itain a miiiimum rate for si��ll users similar to the existin� rate with the philosophy that �_f revenues in the next y�ar are ample, the minimum rate could be reduced or eliminated. To reduce the �niniinura rate a sib�iifica�lt arnount at this time only to discover next year that it has to L-e raised abain «�ould not be advisable. As a final recor��nendation, �ce suggest that Orono review the rate structure on an annual basis. If you have a�ly questions, please advise. V�ry truly �-ours, • 1�1c0C)?�iBS-hNUTSON ASSOCIATFS, INC. V Gre or Frank, P . E. GF: jl o ' � . � .. .. .. . • ., . � � � 1"li;GULAR IZEETING OF TIiF ORONO COUNCIL, IdOVEP1I3rR 14 , 1977 Page 37 � Dick F3enson, City Administrator, �resented the 1977 AUDIT City Council with a proPosal suhmitteci by P1r. � Plerrill A. Hansen, C.P.A. , for the audit of the City of Orono for the year ended December 31, 1977. It is recor;unended that Mr. Hansen be ap�ointed to audit the 1977 records of the City at a cost not � to exceed $2, 420. � " Butler moved, I�Iassenc�ale seconded, a�point Pir. PQerri_ll A. Hansen, C.P.A. , f_or i_.he audit of the City of Orono for the year ended Decer_Zber 31 , 1977 at a cost not to exceed $?_, 420. i4otion, Ayes (4) - ilays (0) . Dick I3enson, City Administrator, informed the EPIPLOYIII�NT City Council tliat the Public �,Vorks Department Steven Iianson lzas advertised and interviewed f_or_ a lic�ht , equipment operator for the Street Department. This position is being filled to replace �:enneth Schrnitz who resigned in October. • After careful consideration, I would recorunend hiring Pdr. Steven I�anson, 2109 Grand Avenue, � Long Lake, at a starting rate of $5. 75 per hour, ef_�ective Ploverlber 14, 1977 with a review of his progress at three months and again at six rnonths. Butler moved, Mayor Van Nest seconded, to ertploy � P-4r. Steven Hanson as a light equipment operator for the Street Department at a starting rate of ' $5. 75 per hour, effective November 14, 1977, with a review of his progress at three rionths and again at six months, tiotion, Ayes (4) - Nays (0) . Dick Benson, City Adrlinistrator, informed the City CHRISTriAS TREE DISPOSP. Council of the following locations that are proposed � as the drop-off sites for Christmas tree disposal in the second week in January: l. Casco Point Skating Rink - one block south of � County Road #15 on Casco Point Road. 2. Antoine Park - at the intersection of Corral Road and Fagerness Point Road. � 3. F�ackberry Park - on ��illow Drive just north of� �Jaterto�an Road. 4. Orono Golf Course - lower storage shed area � just south of the Luce Line bridge on Orono Orchard Road. 5. Crystal Bay - across the street from the Administration building by new well. � 6. Bederwood Park - south of Watertown Road on Stubbs Bay Road. Butler moved, Pdayor Van Nest seconded, to approve the above locations for Christmas tree disposal. r�otion, Ayes (4) - Pdays (0) . � �v RI�GULAR tii,ETING OI' THE ORONO COUNCIL, ?10VFtiBER 14 , 1977 Page 38 � �3utler moved, P4ayor Van Nest seconded, to aPprove SALARY INCREASE a salary increase for 4dilliam Car_ lson, Utilities William Carlson �Forenan, from $1, 346 . 44 per month to $1, 373 . 36 l�er month, effective November 14 , 1977. Motion, I�yes (4) - rdays (0) . � Butler raoved, i4assengale seconded, to defer until NAVARRE DRIVE-IN a later date action concerning the PJavarre Drive- THEATRE LICENSE In Theatre 1977-78 license. P4otion, Ayes (4) - ilays (0) . Dick �3enson, City Ac��zinistr_ator, infornied the City POLICE OFFICER LE`'i"i'ER Council of a letter written by Police Chief Kilbo to all aPplicants for the position of a police ' off_ir_er, dated Noveraber 4 , 1977, which states : � "The written test for the position of Police , Officer for the City of Orono will be held on Friday, rdovember 18, 1977 at 7: 00 P.M. There • will he a two-hour lirlit on the test. � The location of the test will be the Freshwater Biological Institute at 2500 Shadywood Road in � _ Orono. This location is one block south of_ the intersection of County Road #19 and County �'2oad #15 at Navarre.�� End of letter • Butler moved, Pesek seconded, to approve the LICENSES following licenses : P4otion, Ayes (4) - Nays (0) . R. E. Bergeron Plumbing - Plurtber ` Gange �dell Drilling, Inc. - Well Driller , Leuthner ��ell Coripany - �-7e11 Driller Ray Stegora Plumbing Company - Plumber • Butler moved, Pesek seconded, that the All Funds BILLS Accounts 1531 through 1603, 5948 through 5989, 19610 through 19611 and Liquor Store Accounts 12201 through 12233, be paid. P�otion, Ayes (4) - P1ays (0) . Butler moved, P4assengale seconded, that the meeting ADJOURNMENT � be adjourned at 11: 45 P.P�. Motion, Ayes (4) - ., rdays (0) . _ ' � � � � William B. an rdest, P�Iayor � „ �Attest: �� -" — �r��--. �Talter . son, Clerk-Administrator �