HomeMy WebLinkAbout10-26-1978 Council Minutes � CITY OF ORONO
Regular Pdeeting of the Orono Council, 7: 00 P.M.
October 26, 1978
The Orono Council met on the above date with
the following r.tembers present: Acting PSayor
Massengale, Councilmer.ibers Butler and Pesek.
Absent: r4ayor Van Nest and Councilmember Paurus.
Also present: City Planner Olson, City Attorney
Psalkerson, Finance Director Kuehn, Public t4orks
Coordinator Gerhardson, Chief of Police Kilbo,
and Deputy Clerk Strori. Absent: City Administrator
Benson.
Butler moved, Pesek seconded, to approve the COP1SEr1T AGENDA*
Consent Agenda* with all staff data and supportive
information to be included in the Minutes in the
sequence they occur. Motion, Ayes (3) - I•days (0) .
Butler moved, Pesek seconded, that the PQinutes MINUTES*
of the Regular 2�ieeting 'of October 10, 1978, be
approved, tdotion, Ayes (3) - Plays (0) . .
2•ir. Lee Tomlinson, �=��.Ylc Con�ission �'?ia�_rraan, BEDER[a00D PARK
was present to discuss the Park Cor_mnission
recommendations for the development of IIederwood
Park. The Park Coru�ission requested the City
Council,by resolution, for the release of $8,000
from the park dedication fund for grading, seeding,�
and ba�eball f�eld ror the a�ea.
Acting 24ayor r4assengale requested that this iter.t
be placed on the agenda for the next Council meeting.
P4r. Alan Olson, City Planner, inforr►ed the City JOINT MEETING DATE
Council that a joint meeting with the Comprehensive Noveraber 30, 1978
Planners will be held Thursday, November 30, 1978
at 7: 30 P.ts.
Mr. Alan Olson, City Planner, inforr_ied the City FLOOD PLAIN MAPdAGEMENT
Council of the flood plain management ordinance ORDIIdANCE
that is in their packets. It was created bv
collating our 4�etlands Ordinance with the Depart-
ment of tlatural Resources' model flood plain
ordinance. I think that it bolsters our existing
ordinance in many positive ways, particularly '
throuc�h better definition and identification of
what the protected area really is.
The terms of the Pdational Flood Insurance Act
are such that insurance will be denied to any of
our residents if such an ordinance is not adopted
before October 17, 1978. (Continued)
REGULAR P�7EETING OF THE ORONO COUNCIL, OCTOBER 26, 1978 Page 2
This may not be the ultimate in what we want, FLOOD PLAIN MANAGEMENT
but I do think it should be adopted now to meet (Continued)
that deadline. Any changes can then be done
during recodification.
Staff Update - October 19 , 1978
The flood plain insurance draft II attached has
been reviewed by the rIA, the DNR and the City
Attorney. All comments and corrections have
been included. This draft should now be adopted.
The attached flood insurance rate maps dated
October 17, 1978 are the final work product of
the rIA. Because these maps are such a small
scale, the City will be forced to rely u�on our
wetlands maps for most interpretations as we
have in the past. .
Council Meeting - October 26, 1978
Butler Moved, Pesek seconded, to adopt Ordinance ORDINANCE NO. 213
No. 213, An Ordinance Amending The Flood Plain Flood Plain Management
Management Sections Of The Orono P4unicipal Code,
as amended October 19 , 1978 , and to enter it on
the next Council agenda for full Council approval.
P4otion, Ayes (3) - Nays (0) .
Butler moved, Pesek seconded, that the rezoning REZONING & SUBDIVISION
and subdivision for A. J. Tourangeau, 1960 Shoreline #414 & #421
Drive, be tabled at the express request of the A. J. Toureangeau
applicant until the next Council meeting. Motion, 1960 Shoreline Drive
Ayes (3) - Nays (0) .
Mr. Alan Olson, City Planner, entered into the CONDITIONAL USE PERMIT
record the following Memo of Jeanne P2abusth, 1595 Bohns Point Road
Assistant Zoning Adr.linistrator, regarding a #424
conditional use permit for David Dunlap, 1595 David Dunlap
Bohns Point Road, dated September 18, 1978 , which
states:
Ordinance reference: 31. 700 - The applicant
requests a conditional use permit for the purpose
of dredging accumulated sand and rock at the inlet
to a lagoon, creating a channel for his boat at
the northwest corner of his property. The dredging
operation will cover a 26 ' X 28 ' area, rernoving 18"
of sand to a 3' depth, approximately 200 culiic feet
of material to be removed. (Review Diagram C)
Mr. Dunlap has furnished a sketch designating the .
location of the proposed dock to be constructed
at a future date and subject to staff and LP�CD
review. (Review comments and Diagram D) mo be
submitted to the Minnehaha Creek Watershed District
for review. DNR permit will be required. (Continued)
REGULAR MEETING OF THE ORONO COiJNCIL, OCTOBER 26, 1978 Page 3
Staff Update - October 2, 1978 CONDITIO�AL USE PERMIT
As requested by the Planning Commission, .the 1595 Bohns Point Road
applicant has checked with the DNR and was informed (Continued)
that a previous dredging permit had been issued
for that property and they foresee no problem
with issuing another.
Planning Commission Meeting - October 10, 1978
Planning Commission recommends approval of the
dredging project prepared by David Dunlap based
on a previous DNR permit being issued for dredging
in 1970;and the amount to be dredged is negligible.
If the dredged Materials are to be disposed on the
lot, the applicant must consult with the staff
cbncerning on-site disposal standards set by the
DNR. The Corunission recomMends that Dr. Dunlap
consider the suction dredging method.
Before fi��l Council action, the Planning Commission
requested a copy of the original DP1R permit for
Council and staff review.
The Commission expressed concern over blanket
approval being given to maintenance dredging
projects. They recommended new criteria be
established to deal with each application.
Council Pseeting - October 26, 1978
Discussion was held concerning maintenance dredging,
riparian rights, and hardships involved. It was
brought out that the Dunlap property has approximately
100 ' of shoreline and has riparian access to navigab�e
waters in addition to the lagoon.
Acting Mayor Massengale stated that long years of
dealing with the subject have convinced him that
dredging disturbs the waters and stirs up nutrients .
in the lake. There has been no findings that this
work is required to maintain riparian access to the
lake; there has been no finding of any hardship. We
should vote to deny the dredging or send it back to
the Planning Commission to determine hardship.
Pesek moved to approve the dredging on the basis
the lakeshore property has had a docY and, therefore,
has been denied use of the lakeshore. Motion died
for lack of a second.
Butler moved, Massengale seconded, to deny the
conditional use permit for David Dunlap, 1595 Bohns
Point Road, because no hardship has been demonstrated
and present a resolution of denial at the next �meeting.
Motion, Aves (2) - P7ays (1) . Councilmer,iber Pesek Nay.
Staff was requested to have a meriber of Hickok and
�ssociates present at some neeting to discuss
dredging.
REGULAR PiEETING OF THE ORONO COUNCIL, OCTOBER 26, 1978 Page 4
Pdr. Alan Olson, City Planner, entered into the VARIANCE
record the following concerning a variance request 2314 Olive Avenue
of Lowell Day, 2314 Olive Avenue, dated Septer.iher 29, #425
1978, which states: Lowell Day
Mr. Day has purchased a 16 ' X 22 ' garage that he
proposes to locate 3 ' from the rear lot line and
3 ' from the left side yard. The 3 ' setbacks meet
the building code requirements. The neighbor to
the left, A. L. �aindingstad, has signed a petition
stating that he approves of the proposed location.
Hardship claims are the narrow lot width of 55 ' ,
house �location and grading in rear yard.
Variance required: Zoning District LR-1C, Ord. 34. 550
Side Yard required: 10 '
proposed: 3'
variance: 7 ' = 70�
. Rear Yard required: 10 '
proposed: 3 '
variance : 7 ' = 700
Planning Commission rZeeting - October 10, 1978
planning Cortmission recommends approval of the
�ariance application of Lowell Day requesting
a 3 ' side yard setback and 3' rear yard setback
due to hardship of narrow lot width and grading
in rear yard.
Council P4eeting - October 26, 1978
Pesek moved, Butler seconded, to approve the
variance request of Lowell Day, 2314 Olive Avenue,
due to hardship to land and situation of house in
relationship to other houses. Motion, Ayes (3) -
Nays (0) .
Mr. Alan Olson, City Planner, entered into the VARIA2ICE
record the following request of Darrell Stewart, 3185 North Shore Drive
3185 P7orth Shore Drive, for a variance dated #427
September 29 , 1978 , which states: Darrell Stewart
Mr. Stewart is applying for a renewal of a variance �
application submitted in September, 1977. Since
that time, Tracts G & H have been combiried creating �
a lot of 0. 91 acres, in addition, property is '
sewered so there is no need for a variance for lot
area (Zoning Ordinance 31. 202) . The second part
` the original application still requires a
�ariance. The proposed expansion will be 20 ' from
the end of the County right-of-way and a permit
frort the County Highway Department for the new entrance
must be obtained. (Continued)
' REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 26 , 1978 Page 5
Variance - Front yard setback - Zoning LR-1B VARIALICE
Ordinance 34. 450 3185 North Shore Drive
(Continued)
Required setback: 35 '
Proposed setback: 20 ' �
variance: 1- 5= = 43�
Planning Corunission P�eeting - October 10, 1978
The Planning Comr.lission recomr.iends approval of
Darrell Stewart' s application requesting a 20'
front yard setback for the addition on his home.
Tlie hardship clairis are the dangerous existing
driveway entrance and the severe slope in the
rear of the house. The Planning Cor.u�ission
requests one entrance on County Road 51 and that
the required turn-around be provided on the lot. .
Council Meeting - October 26 , 1978
Butler moved, Pesek seconded, to approve the
variance request of Darrell Stewart, 3185 North
Shore Drive, per the Planning Commission
recorunendations of October 10 , 1978 , on condition
that the County has no present plans to imProve
County Road 51, and only one entrance on County
R�ad 51. Motion, Ayes (3) - Nays (0) .
r4r. Hauer and PZr. Neslund were present concerning ORONO OAKS SUBDIVISION
the Orono Oaks subdivision. They requested two Building Permits
building permits for foundations to be installed
before the frost sets in. The final Orono Oaks
plat will be presented to the City Council at
their November 14, 1978 Council meeting.
P�assengale moved, Pesek seconded, to give special •
approval by means of a letter drafted by staff ,
that approves issuance of temporary or conditional
use permits for foundations to be installed,
subject to terms and conditions satisfactory to
the Attorney and City Planner with regard to
assurances that the City is held harmless in the
matter of this subdivision so that we are not
bound to make other grants based upon this special
consideration. Motion, Ayes (3) - Nays (0) .
Discussion was held concerning access to the Orono
Orchard Road.
PZassengale moved, Pesek seconded� to authorize Alan
Olson, City Planner, to negotiate with the applicant
to allow necessary modifications to the access road
and report back to the City Council. P�Iotion, Ayes (3) -
P1ays (0) .
� RE�ULAR MEETIrdG OF THE ORONO COUPICIL, OCTOBER 26, 1978 Page 6
Pesek moved, Butler seconded, to adopt Resolution RESOLUTION #954
#954 , A Resolution Regarding Enforcement Of Enforce Ordinance No. 210
Ordinance No. 210, The City Of Orono On-Site Victoria Grain Company
Sewage Treatment Code. Motion, Ayes (3) - Nays (0) .
Chief of Police Kilbo entered into the record the M.A.P. S . I. CONTRACT
following concerning the D4.A.P.S. I. Contract dated
October 20, 1978, which states :
I have checked with twelve local kennels and
received negative responses about use of their
� facilities. I have called Reo-Raj Kennels for
their response, they stated they would call M.A.P.S. I.
and see what requirement they have not met. When
I called back on Friday for an answer, the owners
were out of town until r4onday. I am waiting for
their response.
In absence of that response, I suggest to the ,
. Council that we have our impounded do�s brou�ht
to M.A.P.S. I, until we can find a kennel in this
area.
Council P4eeting - October 26, 1978
Chief Kilbo stated that he talked to Reo-Raj this
morning and was informed that they do not have the
United States DepartMent of Agriculture license
which is required only if the impounded dogs are
brought in by a USDA licensed firm. P4.A.P.S. I has
the USDA license and must therefore abide by USDA
standards and not impound dogs at kennels not
licensed by the USDA.
Acting Mayor Massengale requested Chief Kilbo to
' prepare a resolution documenting his findings
regarding a dog kennel for impounding and to
continue the use of r4.A.P.S .I for impounding the
dogs because there is no other alternative at this
time.
Psr. Tom Kuehn, Finance Director, informed the CLERK-RECEPTIONIST*
City Council that on t4ednesday, October 18, 1978, Paula Latterner
Ms. Paula Latterner was appointed as clerk-
receptionist at a starting salary of $500 per
month. She is replacing Sue Lynott, who is leaving
due to pregnancy. It is requested that the
appointment of Ms. Latterner be approved.
Butler moved, Pesek seconded, to appoint P4s. Paula
Latterner as clerk-recentionist at a starting
salary of $500 per month, effective October 18, 1978.
1�4otion, Ayes (3) - Nays (0) .
.
RE�ULAR P�EETING OF THE ORONO COUNCIL, OCTOBER 26, 1978 Page 7
Air. John Gerhardson, Public Works Coordinator, SALARY INCREASE*
presented the City Council with the following Dale Skreen
memo concerning a salary increase for Mr. Dale
Skreen, dated October 18, 1978 , which states:
In July of 1977, r'Ir. Dale Skreen was appointed
heavy equipment operator at a rate of $6. 92 per •
hour.
In P4ay of 1978, 2•4r. Skreen was evaluated and
received the intermediate salary of $7. 40 per
hour, with a performance and salary evaluation
scheduled for September 1978.
Mr. Skreen' s performance and attitude is such
that I am recomr.►ending that he receive the full
scale for heavy equipment operator of $7. 54 per
hour, effective October 30 , 1978. This increase .
cvas discussed and approved by P4r. Benson on
October 18, 1978.
Council Meeting - October 26, 1978
Butler moved, Pesek seconded, to approve a salary
increase for Dale Skreen to $7. 54 per hour,
effective October 30, 1978. P4otion, Ayes (3) -
Nays (0) .
iZr. Alan Olson, City Planner, entered into the DAYTON PROPERTY
record the following concerning the Dayton land
offer dated October 20, 1978, which states:
The property has been surveyed this fall as shown
on the attached drawing. Messers. Gerhardson and
Olson have walked the property and found the corner
riarkers.
The survey indicates inclusion of the north 90 ft.
of Parcel 1650. This area is roughly equal to
the wooded slope just south of the grassy area.
The slope provides a buffer between this property
and the house facing Old Long Lake Boulevard.
Separation of this portion leaves the house on
a lot less than two acres in size. The slope is
not "buildable" ground however, so legal separation
has no practical effect_
To date, the City has not received deeds acceptable
to the City Attorney. Inclusion of the 90 ft.
parcel would constitute a subdivision under our
ordinances. The Council should first decide
whether of not this slope should be accepted. If
so, we recor_Zmend that a record plat be provided by
the donor for proper legal subdivision and for proper
permanent recording of the true property boundaries.
(Continued)
�
� REGULAR P�IEETING OF THE ORONO COiJPICIL, OCTOBER 26, 1978 Page 8
The Council will also be asked to decide the DAYTON PROPERTY
ir.ir►ediate use and/or classification of the (Continued)
property. Nothing has been or can be budgeted
for immediate improvement; therefore, we recomr_mend
classification as "Public property" and barricading
to prevent unauthorized vehicle entrv, L9e recorunend
authorization for irmmediate removal of. the existing
hazardous building and debris on the property to
reduce the liability hazard.
Council P�eeting - October 26, 1978
Butler r:ioved, Pesek seconded, to politely decline
the offer of an additional 90 ' of the Dayton
property and res�ectfully accept the original parcel.
?�4otion, Ayes (3) - Nays (0) .
Discussion was held concerning the razing of the
house on the Dayton property. Mr. John �erhardson
stated that he has contacted the Long Lake Fire
Department regarding burning the house as a traininq
session and was quoted a price of $100-$200.
Acting t4ayor Massengale moved, Butler seconded,
to authorize staff to take the necessary steps
for the Long Lake Fire Department to burn the
house on the Dayton property, subject to our
having ownership of the parcel, with the fee
not to exceed $200. Motion, Ayes (3) - Nays (0) .
Pesek moved, I�4assengale seconded, to instruct
staff to post signs at the Dayton property as
a restricted area �vith no public access and not
for public use. P�totion, Ayes (3) - Nays (0) .
Acting P�ayor r4assengale reiterated the receipt POLICE SERVICE
of PZaple Plain' s letter terminating police Maple Plain Letter
services as of January l, 1979 and inforzned
Chief of Police Kilbo to plan accordingly a
phase-down prograr► for the first of the year
based upon Maple Plain' s letter.
P4r. Tom Kuehn, Finance Director, presented the FIRE CONTRACTS
City Council with the following merio for disctzssion,
Cor.lparison of Fire Contracts Costs, dated October 19 ,
1978, which states:
The City of Orono contracts with Long Lake; P4aple �
Plain, Mound, and L4ayzata for fire protection.
Al1 of these corununities use limited assessed
valuation in their respective formulas except
Wayzata. Wayzata bases the charge to Orono on the
ratio of calls in each service area conlpared to all
calls for the preceeding three year period. (Continued)
� .
- REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 26, 1978 Page 9
The other three cities have contracts which FIRE CONTRACTS
differ in one way or another from each other, (Continued)
but they all use limited assessed valuation as
part of the forinula: The cost to Orono per
dollar of assessed valuation for the areas
served by the three cities is as follows for
1979: , _
Cast per
City 1979' Qost 1978 A.V._ �S of A.V.
Maple Plain $ 6,902 $ 1,798,911 $.0038
Long Lake $23, 684 $13,460, 07� $.0018
��d - $26, 338 �17,898, 106 .0015
$56, 924 $33, 177, 092 $.0017
It is also interesting to note that in 1978,
the. City of Orono funded 14.28$ of Maple Plain' s
fire service budget; 48. 14$ of Long Lake's; �
21. 75$ of Mound' s; and 22. 6$ of Wayzata' s.
Massengale rsoved, Butler seconded, to change the CHANGE PUBLIC HEARING
public hearing date for the Block Grant Funds � � DATE
from November 14, 1978 to November 28, 1978 at Block Grant Funds
7: 00 P.M. 2sotion, Ayes (3) - Nays (0) .
The Boulder Bridge Farm Resolution. was tabled BOULDER BRIDGE FARM
until the next meeting.
The 2lotice of Clairs of Glenn Upton, 1015 Linden NOTICE OF CLAIM
Lane was tabled until the next meeting. 1015 I,inden Lane
riassengale moVed, Butler seconded, to authorize RING ROUTE
staff to retain an appraiser to walk the property
to be acquired for the ring route in order to
obtain a fair market value for it,then proceed
with acquisition of the property as soon as
possible. Hotion, Ayes (3) - Nays (0) .
.Discussion was held concerning a sewer probler.i S£WER PROBLEM
at a house on Park Fve�s� where a lift station Park Avenue
is necessary. Council requested staff research
the problem and agenda for the next r.leeting.
REGULAR DSEETING OF THE ORONO COUNCIL, OCiOBER 26, 1978 Page 10
Autler rloved, Pesek seconded, that the followin� LICENSES*
licenses, be approved: Motion, Ayes (3) - Nays (0) .
Aqua City Plumbing, Inc. - Plur,tber
Nieman Plumbing & Heating - Plumber
City View Plumbing & Heating - Septic System
Installation
Roto Rooter Sewer Service Company ,- Septic System
Installation
Torgerson Well Company, Inc. - t�lell Driller
Orlin Redepenning - Garbage Hauler �
Butler moved, Pesek seconded, that the Al1 Funds BILLS*
Accounts 7042 through 7086, 10671 through 10673,
2884 through 2941, 111722 through 111723 and
Liquor Store Accounts 12754 throuc�h 12785 , be
paid. P.Zotion, Ayes (3) - Nays (0) .
Pesek noved, Butler seconded, that the r.leeting ADJOU?trdD1ENT
be adjourned at 10 : 30 P.M. Motion, Ayes (3) -
Nays (0) .
�
��'V �;
Walter B. r4a senga e
� Acting P4ayor
Attest:�,l�`��� _%�zy. i, >l ��C��,:,�� ,/fj_/!'�/ .
Walter R. Benson, Clerk-Aclministrator