Loading...
HomeMy WebLinkAbout04-24-1979 Council Minutes CI'�'Y OF OROI10 Regular Pieeting of the Orono Council, 7: 00 P.?�. April 24 , 1979 ihe Orono Council net on the above date with the following mertbers present: P4ayor Van r7est, Council- r�er.lY�ers Butler and Paurus. Absent: Councilmer.iber PZassengale. Also �resent: City Planner Olson, City Attorney Malkerson, Cit1� Engineer Cook, Public ��orks Coordinator Gerhardson, and De�uty Clerk Strora. City Adi;�inistrator Ilenson arrived at 9 : 00 P.P1. :�Iayor Van r7est moved, Paurus seconded, to table LAKF ACCESS EASEi�iENT until the next meetinc� item nur:tber 22 , Appearance Stewart & Hannah of Robert P�Iitchell, concerning the Darrell Stewart and Gregg Hannah lake access easement until P4r. Rhode and his attorney are notified. P�4otion, Ayes (3) - 21ays (0) . Mayor Van I1est adrlinistered the Oath of Office to OATH OF OFFICE JoEllen Hurr, newly appointed Councilr-iember. JoEllen Hurr Butler r.�oved, Mayor Van P1est seconded, that the CO2dSENT AGENDA* Consent Agenda* be approved with all staff date and supportive inforr►ation to be included in the P�4inutes in the sequence they occur. Piotion, Ayes (4) - P7ays (0) . Butler moved, Mayor Van I�est seconded, that the MINUTLS* P4inutes of the Regular r4eeting of Plarch 13, 1979 , P4arch 13, 1979 be approved. I�2otion, Ayes (4) - Navs (0) . Butler r,►oved, t2a�or Van 2dest seconded, that the T?INU"'ES* I•2inutes of the Regular t�ieeting of April 3, 1979 , April 3, 1979 be approved as ar.►ended, i��otion, Ayes (4) - Nays (0) . Butler moved, Mayor Van Nest seconded, t�at the MINUTES* P�inutes of the Joint Meeting of April 5 , 1979 , be April 5, 1979 approved as amended. P-lotion, Ayes (4) - Nays (0) . Mr. Dennis Hansen from the Hennepin Count_v Public BRIDGE CLOSINGS Works Departr.lent was present to discuss the closing of bridges and the detour in Orono. He stated that the Arcola bridge will be closed completely for redecking in 1980; the ilarrows bridge will be open for one-wal� traffic each way in 1981 for redecking; the Hendrickson bridge will be cor,lpletel1 closed for redecking in 1981. Plans and tir.►etable will be presented to the City Council for approval. (Continued) REGULAR I�tEETI2IG OF TIiE ORONO COUPdCIL, A�RIL 24 , 1979 Page 2 Patricia Strong, 420 Brown Road South, was present BRIDGE CLOSINGS to discuss her concerns of traffic hazards on (Continued} County Road #146 (Brown Road South) . She rec�uested additional stop signs and other �aays to slow down traffic on this road. Mr. Hansen explained the guidelines used be_fore installing stop signs or speed control signs and the ��otential of rear-end collisions due to new signs . The deteriorating condition on Fox Street was discussed, which has been caused by the heaw traffic due to the detour. It was suggested to place four-way stop signs at Fox Street and #146 , and three-way stop signs at the intersection of r�146 and #51. P7ayor Van idest rioved, Paurus seconded, to request Hennepin County to reevaluate the situation and to provide sor:le safety r.ieasures for the intersections of Fox Street and �#146, and �#146 and tt51. P4otion, Ayes (4) - Nays (0) . Ido corunents fror.l the Park Comr.iission, PARK COr2MISSIOPI Councilrler.�ber Paurus, Orono' s representative to LMCD REpORT the Lake P�7innetonka Conservation District,presented the City Council with a letter fron Dennis Y.ilbane, a resident of Big Island. Councilmer2ber Paurus, Orono' s representative to Ll1CD REPORT the Lake i'Iinnetonka Conservation District, presented the City Council with "A Comprehensive Lake 2�anagement Plan-Program for Lake ^?innetonl:a" . { Councilrnember Paurus, Orono' s representative to LP1Cb BEPORT the Lake Minnetonka Conservation District, presented the City Council with the ��ater Patrol Activity Report for years 1975-78 . tdo comments frora the Planning Commission. PLAPITJIPdG COMr2ISSI02d I7o comments fror.i the public present. PUBLIC COIiMENTS REGULAR MEETII�G OF THE OROP�O COUPJCIL, APRIL 24 , 1979 Page 3 I4r. Alan Olson, City Planner, entered into the SUBDIVISION record the rec�tiest of Popov/Poisson for a sub- � 4080 Bayside Road division at 40£i0 Bayside Road, dated April 2 , #410 1979 , which states : Popov/Poisson Preliminary approval - Zoning District RR-lA The si�division application was filed on July 14 , 1978 . After a work session held on July 24 , 1978 , staff and Planning Comt-tission deterrlined �,�hat �aould be rec�uired of the applicant before prelir�inar�� approval could be recorrnrmended. A public inforrnation meeting was held on August 28, 1978 . In reviewing the Planner' s merlo of August 9, 1978, the follo�ving points were cited to be reconciled before prelir�inary approval. i�Iy cor.u�ents are based on review of the preliminary plans. l. Final Lot Line Arrangement - the three lots r.leet all the requirements of the RR-lA zoning district. The survey has not noted the setbacks for the existing structure but there appears to be adequate area and no need for setback ��ariances. 2 . Driveway 0utlot (Filbrandt property involverient) - the entrance road for the first 170 ' involves the Filbrandt property; they have aPproved the plat as presented. A signature line on the final plat r:lust be provided for the Filbrandts to sign. 3. Engineer' s Review - •of driveway, drainage, etc. The records reveal a rather hardline approach in considering the standards set for this private driveway (factors - r_maximum use o� six lots, steeP slope , drainage) . Staff recorunends a less restrictive interpretation and recoi*Lmends adapting standards based on a driveway serving only two lots (Lots 2 & 3) . If Popov divides his property into srlaller lots as a result of future rezoning, then he will assurme responsibility for an improved access (24 ' wide road) . City Planner P�ierio - April 18, 1979 This proposal has been long and drawn out bec�.use the applicant' s attention has been often diverted. This spring, staff finally received additional information and was able to resolve some of the access/lot line location problerls. ihe survey received i4arch 31, 1979 reflects the latest lot configuration, drainage and access proposals with but one exception. (Continued) REGULAR P�ETIPIG OF THE ORONO COUTdCIL, APRIL 24 , 1979 Page 4 Planning Commission recommended plat approval SUBDIVISIOPI per tllis lot arranger.lent with a private drive�.�av 4080 Bayside Road easerlent where Outlot A is shown 30 feet wide. (Continued) Staff recorunends plat approval �er t�is lot arrangerlent e.,cept that the access should be platted as two seParate outlots. Outlot A, 50 ' wide by 170 ' as shown, serving three properties with an underlying easer.lent to the City; and Outlot B, that portion of the roadway shown 30 ft. wide, serving two properties wi�h comrnon undivided o��mership and no easement to the City. The effect is similar to a private easement except that it will always clearly show on the plat and all surveys to everyone' s benefit. The applicant' s cost should even be less because no easement docurient need be draf ted. Recor:unended conditions of approval : 1. Three lots per survey dated r�arch 31, 1979 . 2. Outlot A with underlying easernent to City - as shown 3. Outlot B for private driveway - 30 ' wide as shown 4. Drainage easerlents platted as shown with flowage and conservation easertent to the City. 5. Drainage and utility easements platted 5 ' wide along all lot lines (except omitted in wetlands) . • 6. One park fee for the one new lot. 7. New driveway construction (in Outlot B) subject to City Engineer' s and P�CWD approval and permits. Council Meeting - April 24, 1979 Butler moved, Paurus seconded, to give preliminary approval for a sudivision request of Popov/Poisson, 4080 Bayside Road, per the above recor:unendations. _ P�otion, Ayes (4) - Nays (0) . ISr. Alan Olson, City Plann�er, entered int� the COPIDITIONAL USE PER�ZI record the request for a conditional use perriit 1595 Bohns Point Roac for dredging of David Dunlap, 1595 Bohns Point #424 Road, dated April 19, 1979 , which states : David Dunlap This application was made last Septe�er and reviewed by the Planning Commission which recon�unended approval and by the Council which, by motion, denied the application, Council i4inutes November 14, 1978. On idovember 28, 1978, the applicant requested ti�e to provide additional inforrlation. Suction dredging is now proposed with disposal to be on dry cTroL�d to the south of the house. Runoff would be toward a marsh which drains under Bohns Point Road to the east side of the point. Containment could be accomplished by ter.mporary plugging of_ the culvert as was done for the West Shore project. (Continued) REGliLAR :�iErTII�G OF ^i�E GRONO COliI�CIL, APRIL 24 , 1979 Page 5 12r. Dunlap' s attorney has Provided a nro�osed CONDITIONAL USE PERMI7 resolution with findings supporting a granting 1595 Bohns Point Road �f the permit. If Council concurs , this resolution (Continued) could be approved as is or any changes or additions (such as the runoff containment) could be added for final adoption at the next meeting. Council i4eeting - April 24 , 1979 Mayor Van Nest moved, Butler seconded, to concept- ually approve suction dredging as proposed for David Dunlap, 1595 Bohns Point Road, and to draft a resolution concerning any future subdivision ' s additional riparian access, to be included in the chain of title, with both Mr. Dunlap and his neighbor signing off on the resolution and the final disposal site to be properly approved. P�otion, Ayes (4) - Nays (0) . Mr. Alan Olson, City Planner, entered into the SUBDIVISION record the following request of Jar.les Lindsay, 2505 Kelly Avenue 2505 Kelly Avenue, dated Decer:iber 21, 1978, which #�448 states : James Lindsay Sketch Plan Review: P�r. Lindsay proposes c�ividing Lot 1 of the �elly Avenue Subdivision into three one-acre lots. Please review application for Lindsay' s reason for platting. Lots rleet the required area for Zoning District LR-1B. Each lot appears to have the minimum 140 ' lakeshore width but lot dimensions are not comPlete and will be reviewed before next presentation. The setbacks for existing buildings on Lots 1 & 2 are satisfactory but the duplex on Lot 3 will rec�uire a variance for rear yard setback. Access Road: The existing driveway will appear as a private road easement serving Lots 1 & 2. Wetland: The wetland at the northwest corner of parcel has not been designated on plan. We will require a conservation and flowage easement over the wetland. Ri»arian Rights: The applicant requests a joint dock for each lot (one dock serving two dwelling units) . If Planning Commission approves, then a variance to the Flood Plain - Wetlands P4anager.►ent Ordinance must be given. Lot 1 is involved; Lot 2 appears to have 15 '-20 ' of available lakeshore but the setback request of 10 ' will take most of it, and Lot 3 would not be involved. Stafi recommends a private outlot over the existing dock area. This alternative will lessen the impact on wetland and dismiss the need for a variance. (Continued) REGULAR IZEEiIidG OF `�HE ORONO COUNCIL, APRIL 24 , 19 79 Page 6 Rear yard setback variance - Ordinance 34 . 450 SUBDIVISION 2505 I:elly Aven�e Required: 30 ' (Continued) Proposed: 6 ' Variance: 24 ' = 800 Planning Commission P7eeting - January 8, 1979 Planning Conunission gave conceptual approval to the proposed Kelly Avenue duplexes subdivision. The following issues were reviewed with apPlicant: l. Need for an accurate determination of wetlands . 2. Issue of mutual dock vs. three individual docks to be worked out with staff. 3. Duplex on Lot 3 to be recognized as a legal non- conforming use, applicant to be aware of significance. 4 . Question of Lot 3 duplex being located r_lore than 200 ' from corimercial district to be resolved. Staff Recommendation - i4arch 26, 1979 Staff recommends prelir.linary approval of the three- lot Kelly Avenue Duplex Company' s plat subject to the following conditions: l. Developers enter into a conservation and flowage easer.lent with the City. 2 . Joint dock to remain serving all three lots because of wetlands along lakeshore. 3. Duple:c on Lot 3 will require a front yard setback variance of 29 ' . Public Information I�eeting - April 9, 1979 Planning Commission recorunended preliminary plat approval as proposed subject to the following conditions : 1.- Docks to remain as a licensed joint use dock, one slip per unit, total six, with Outlot A platted to provide the comrion access. This avoids con- struction of docks across the wetlands. 2 . Platting of drainage easement over wetlands on proposed Lots 1 & 2 with flowage and conservation easer.�ent to the City. 3. Duplex on Lot 3 to continue as a recognized legal non-conforming use because it is located beyond 200 ' from the commercial area. Also recognized is existing substandard front yard setback of 4 ' , a variance of 31' . � (Continued) � REGULAR A2�E^ING OF '�'HE ORONO COUNCIL, APRIL 24 , 1979 Page 7 4 . Access to Lots 1 & 2 to remain �s con- SU3DIVISION structed with a private easenent provided 2505 I:elly Avenue to Lot 1 over Lot 2 (Continued) 5. Platting aiid dedication of drainage and utility easertents along all lot lines except the shoreline. Staff Note - April 19, 1979 Staff would add the condition that the lagoon be platted as open water and appropriately dedicated to the public (Outlot A would be platted only on the land) . Council I�teeting - April 24, 1979 P�ayor Van Nest moved, Paurus seconded, to approve the preliminary subdivision for the �:elly Avenue � Holding Cor,ipany, 2505 Kelly Avenue, subject to the parking area at base of the driveway serving the two new dunlexes, be rer.ioved, and the only dr_ive area will be the driveway coming out onto Kelly Avenue; lot to be platted to delineate open water area; the outlot be described only as that part which is dry land, not open water; nrovide the City proof of existence for driveway easement over Lot 4; and Planning Corunission reconnendations of April 9, 1979 . tsotion, Ayes (4) - Nays (0) . P�ir. Alan Olson, City Planner, entered into the VARIANCE record the variance request of Enervest Builders/ 32Q Tonkawa Road & Donald Doty, 320 Tonkawa Road/325 Westlake Street, 325 Westlake Street dated February 27, 1979, which states : �460 Enervest Builders & The application is for a variance to Ordinance No. 219, Donald Doty the Stubbs Bay 1loratorium, to pernit action on a subdivision (lot line rearranger.tent) application. Enervest owns Lots 4 & 5, Doty owns Lot 6. The proposal is to trade land to permit construction on Enervest' s now vacant property. �'he land trade will not appreciably effect the total propertv areas of either owner' s property. The existing lot arrangertent severely restricts construction and all but nrecludes an on-site septic system on Enervest' s pro�erty because of the severe topography. The land trade atter.lpts to allevia�e these problems. �ven after such a subdivision, construction on the Enervest property would require variances to lot area, lot widtfi, and septic system standards . (Continued) . REGUL7IR PiEETING OF THE ORONO COUP]CIL, APRIL 24 , 1979 Page 8 The subject at hand is whether or not a variance VARIANCE should be appro�ed to allow review of this apPlication 320 Tonkawa Road & during the moratoritu-i. The applicant has worked 325 �aestlake Street with the staff off and on for over a year and has (Continued) finally provided enough inforr�ation for a �roper application and review. I am uncorafortable recommending any variance to the moratorium so soon after adoption, and before r.�ajor issues such as se�aage probler.is have been discussed, especially where the application needs a septic Qrdinance variance. On the other hand, the applicant has worked in good faith for a long tir�e and deserves a hearing. Therefore, I recor.�end approval of this variance to allow review of the application in the normal manner, but with the condition that no action be taken by the Council on the preliminary subdivision or performance standard variances until after expiration of the moratoriur.t. This will pernit normal Planning Cor.unission hearings and recomr�endations. Council i�Seeting - April 24 , 1979 Butler moved, Paurus seconded, to approve a variance to Ordinance No. 219 , Stubbs Bay Area I'Ioratorium for Enervest Builders, 325 Westlake Street. Motion, Ayes (4) - Nays (0) . Mr. Alan Olson, City Planner, entered into the CONDITIONAL USE PER1�1: record the request for a conditional use permit 2160 Wayzata Bouleva� of ti9illiam Wear, 2160 �9ayzata Boulevard, dated #461 i March 6 , 1979, which states: William Wear I 35. 028 - Conditional use permit required for office ' use in B-1 zone Work Session - Mr. ��ear proposes leasing a portion of his building for general office space. The entire area of the first floor is 14 , 400 sq. ft. A grocery store will occupy 3, 600 sq. ft. and the remainder of 10, 800 sq, ft. is designated for office space use. Now that the building is receiving water service from Long Lake, a sprinl:ler systera will be installed. The Building Inspector is �aorking with Pir_ Wear on the proposed plans. All action on this application r.iust be conditioned upon approval of sprinkler system plans. Apnlicant must also submit plans for interior office construct- ion. There is ample paved parking around the building. � (Continued) REGULAR 21EETING OF TI3E ORONO COUI7CIL, �PRIL 24 , 19 79 Page 9 Planning Cor:unission PZeeting - Ilarch 12 , 1979 CONDITIONAL USE PER1�2I7 2160 Wayzata Boulevar� Planning Commission gave conceptual approval to (Continued) P4r. Wear' s proposed leasing of the building foz general office sPace. Action on the aUplication is scheduled for r7arch 26 , 1979 meeting. Planning Commission Meeting - April 2, 1979 Planning Comriission recommends for approval the conditional use application of William �aear for the purpose of leasing 14 , 400 sq. ft. of his building for general office space. Staff Note - April 19, 1979 Mr. �9ear or"iginally requested a conditional use perriit to allow office use in a portion of his building but staff suggested and recomrmends a blanket conditional use perrr►it to cover the entire building thereby elirninating the need for additional review if leasing needs chanc�e in the future. The proposed use appears very reasonable for this site. The only condition staff would attach is payr:tent of all remaining SAC charges. Five units are required for the entire building. One was paid with building perr.mit in 1975. Three units are due. Occupancy cannot be perr.�itted until the sprinkler system is operational. Council 2ieeting - April 24, 1979 t-iayor Van Nest moved, Butler seconded, to approve the conditional use permit for 64illiam 6aear, 2160 Wayzata Boulevard, subject to a,ll SAC charges being paid, and to imProve exterior esthetics of the building and landscaping. P�otion, Ayes (4) - Nays (0) . r�r. Alan Olson, City Planner, entered into the VARIAP�CE record the request for a variance of Robert D. 2775 Shadywood Road Watson, 2775 Shadywood Road dated April 19 , 1979 , #462 which states : Robert D, ti•7atson On April 9, 1979 , Planning Commission reviewed the ' application based upon the applicant's history and the ir_Zpact of a new house on the neighborhood. Planning Commission recommended ap�roval of the variance for lot area and lot width iinding that no other land was available and neighborhood consistency. (Continued) REGULI�R P4EEmING OF �I�E OROI10 COUNCTL, APRIL 24 , 1979 Page 10 Staff concurs that a new house on this lot could VART�CE be built without any setback or hardcover variances 2775 Shadywood Road and without any adverse impact on the neighborhood. (Continued) Sewer and water service is available. Sewer units were not assessed to vacant lots in the 63-1 project but a water unit was assessed in 1970. The area has been zoned one-acre residential since 1967. The issue remains, however, that the Planning • Commission erred in finding that no additional land is available. The lot is (and has been for 15 years) owned in common with the adjacent lot upon which the Watson home exists. In coru�on ownership, the two lots r_leet the existing zoning code requirement for minimum lot area and minirlum lot width (1. 38 acre/212 feet width) . If the cor.tmon ownership is severed, as would happen if a new home is perr.litted, the result would be two lots both of which would be substandard in lot area and lot width (72% area/78% width and 66o area/72o width) . This situation is not unique here. A 1978 study has found up to several hundred similar situations City wide. These have been r_Zapped. Staff has been approached on the average of_ once or twice a week regarding construction on lots in this circumstance_ Some would be 80o to 900 of the requirement after severance, some would be 20% of the requirement. Our answers have consistently been "no, such lot severance contrary to the zoning code intent. Variance requests would r:lost likely be denied. " I believe that sufficient legal hardships cannot be found to justify a variance when the lo�s are in cor�mon ownership. 1) The situation is not unique; 2) Substantial property rights are preserved (the applicant already has a house, has � the benefit of the land and the zoning code establishes the existing situation as proper for the area) ; 3) Granting of the variance would be contrary to the intent of the zoning code (reduction of lot below required minimum) , and 4) Any hardships would be economic and not peculiar to the land. Thus, I recomr,tend denial of the variance, but reluctantly. Again, I see no adverse impact on health, safety, welfare, etc. The intent of the Cor_mprehensive Plan would be upheld, except for density, if the hardcover standards were not. Also, a basic question of fairness exists because if the lot were in separate ownership since before 1967, a substantial property right hardship could be proven and a variance would be more forthcor_ling. � (Continued) REGULAR P�iEETING OF �HE OROrIO COUr]CIL, APRIL 24 , 1979 Page 11 r2y bottom line recomr.►endation is that, if_ the Council VARIAtdCE (as did the Planning Corunission) decides that a 2775 Shadywood Road house is appropriate on this lot, then rather than (Continued) approve a variance based upon qt�estionable hardship, I would rather see the Council consider rezoninc� the neic�hborhood to permit such construction. I believe that this could be done to serve the best interests of the neighborhood residents and pronerty owners without adversely affecting the goals of the Cornprehensive Plan regarding density and hardcover. The LR-B area south of Navarre is essentially fully developed but with two varying densities. The area along Kelly Avenue and the Shorehills area north of County Road 19 are primarily developed at the mininum one-acre zoning density. But the Pheasant Lawn Area qenerally bounded by Lydiard and County Road 19 is developed to a greater density. Of 41 lots (including the combined Watson lots) only 14 (34%) meet or exceed one acre and only two are larger than this property. Thirty lots (730) exceed 2/3 acre, the size of the subject lot for which the variance is requested. All lots exceed l�'2 acre. With the density as zoned today, only one new house could be built in the area and that only with a variance for lot area (Tr. H north of �9atsons , same size as subject lot but single separate ownership) . Chapman at 2695 Shadywood Road has a subdivision application pending before the Planning Corunission where a 50 lot area variance would be required for a new site. Sixty percent of the properties are on substandard sized lots. For the sake of ar�nt, if the surveyed area mininum _ lot size were to be changed frori one acre to 2/3 acre, two houses could be built: the Watson house and the one on Tr. H as above. In "addition, the Chapman lot could be divided once without a variance. P10 other lot would be divisible (two large lots 20 & 37 on the survey have enough area, but have lake setback restrictions which ��ould prohibit neca construction) . This change in require- ments �aould have no noticeable effect on neighborhood character. The most obvious change would be that for regulatory purposes, the neighborhood character- istic would change from 66o substandard lots to 73o conforming. There would be �no hardcover changes and no change in tYie goals of the Comprehensive Plan. Precedent would apply only to existing fully developed areas and not to areas having any substantial development � potential. (Continued) REGULAR I�IEETING OF TIiE OROt70 COUI�ICIL, APRIL 24, 1979 Page 12 Any such change would obviously have to have a more VARIANCE detailed analysis and be subject to neighborhood 2775 Shadywood Road response at a public hearing. I believe that this (Continued) density change would be a reasonable, responsive course of action for the Council to pursue. If the Council should concur, I suggest that this variance application be tabled and a public hearing called. Council Meeting - April 24, 1979 Mr. & PSrs . Watson were present to discuss their rec�uest for a variance. Discussion was held concerning the zoning of the area and �ahat a variance to comrnon ownership would involve. PZr. Alan Olson stated that he will be completing a survey of all properties south of Navarre to dete nnine how many other properties might be divided or would have the same situation as the Watson' s property. Butler rioved, Paurus seconded, to table the request of Robert Watson, 2775 Shadywood Road, until lZay 22 , 1979, for addiLional information from staff, for Alan Olson to complete his survey of the area, for Bruce P�ialkerson to �check on variances to cor.unon ownership, and for demonstration of hardship from the Taatsons. I�iotion, Ayes (4) - P7ays (0) . Mr. Alan nlson, City Planner, entered into the record CONDITIONAL USE PERMI`. a joint conditional use perrZit for the Reorganized 850 t9ayzata Boulevard Church of Jesus Christ of Latter Day Saints, 850 #465 Wayzata Boulevard, dated P�4arch 6 , 1979 , which states: Work Session - Zoning District - RR-1B � � Representatives : Joyce Olson - Reorganized Church of Jesus Christ of the Latter Day Saints and Inge Cici, Day Care Center The applicant has recently purchased a 7-1/2 acre parcel previously owned by the Peace Lutheran Church. They request a conditional use perr.lit to function as a church. At the sar.ie time, the applicant requests a permit to lease the building as a Day Care Center. The center will operate from 6 : 30 A.I4. to 6 : 00 P.M. Monday through Friday and will serve a r►aximum of thirty pupils. The age of pupils will range from 2-1/2 to 6 years of age. Some will attend for a full £3-hour day and others will be on half-day schedules. (Continued) REGULAR PZEETING OF TI�E ORONO COUNCIL, APRIL 24 , 1979 Page 13 Staff has met with the State Fire r7arshall at the CONDITIONAL USE PERMIT site. P4r. Hanley and the Orono Building Inspector 850 [aayzata Boulevard will submit individual reports on safety standards (Continued) to be followed. There appeared to be no serious problems for the applicant agreed to make all the necessary structural changes . I liave been in contact with Carla Brown of the Departr:ient of Public taelfare. She inforr�ed rne that P4rs . Cici ' s application is being revie��ed and she foresees no probler;l. P4rs . Brown awaits final determination by Orono of the conditional use permit. idrs. Cici will have to get approval from the Depart- ment of Fiealth as the center will serve lunch and snacks. She will report on this at the Planning Conmission r►eeting of the 12th of P�arch. Note the limited number of requirer-�ents for nursery schools in our Zoning Code (Ordinance No. 34 . 021) , The applicant' s plans meet all of the zoning require- ments. a) Fenced in area setback Required: 15 ' Proposed: 80 ' b) Playground space per pupil Required: 50 sq. ft. Proposed: 83 sq, ft. Staff recommendation: Review proposal with applicant and possible need for additional information. Unfortunately, the reports to be submitteci have not been received. Planning Cor:tmission Pseeting - March 12 , 1979 Planning Commission reviewed the joint application of the Church with their representative 2-4r. Jim Shaw, and Inge Cici, the director of the proposed day care center. Staff has been advised to check the Calvary P2emorial file for standards to determine the adequacy of the facility to operat� as a church. i�irs. Cici must await Orono' s final deterr:tination before a license is issued for the day care center. Staff ilote and Recoi?unendation - Idarch 26, 1979 Joint conditional use permit A. Church Operation Staff has reviewed the Calvary Mer.lorial file as -ec�uested and has determined a guideline for revising this phase of the application. (Continued) REGULI�R 24EETING OF THE ORONO COU?�dCIL, APRIL 24, 1979 Page 14 l. Size of lot: 7-1/2 acres CONDITIONAL USE PERMI 2. Size of Building: 4, 900 sq, ft. 850 �aayzata Boulevard 3. Parking Ratio: (one parking staff per four (Continued) seats or r:lertbers) Required: one stall - four seats or merabers Proposed: one stall - two seats or members (116 members - 50 parking stalls) B. Day Care Center Please review enclosed letter from the State Fire Marshall. The Building Inspector' s merlo has cited eight improvements to be completed before Day Care Center can operate. This will be enforced through the building permit and the issuance of a certificate ' of occupancy. The State Fire Marshall ' s office will enforce their own requirements. Staff recommends approving a conditional use permit for the church to lease a portion of the facility for the operation of a day care center. Planning Cor.unission Meeting - April 2 , 1979 Planning Commission recor.unends for approval the joint conditional use application of the Reorganized Church of Jesus Chr_ist of the Latter Day Saints and the Busy Beaver Day Care Center. The approva� for the day care center was subject to the following conditions: l. Final approval from the State Welfare Department. 2. Cor_�pliance with requirements cited in State Fire TZarshall' s report (P�arch 9 , 19 79) . 3. Completion of all items stated in Building Inspector' s merlo of March 19 , 1979. 4. Compliance with standards set by Planning Comrmission: a. No more than 30 pupils in attendance during the morning or afternoon session. b. Fenced in area, as noted in site plan, to be - completed before day care center is in operation. Council Meeting - April 24, 1979 Mayor Van Nest moved, Butler seconded, to approve the transfer of the conditional use perr:lit from the Peace Lutheran Church to the Reorganized Church of Jesus Christ of the Latter day Saints. PZotion, Ayes (4) - Nays (0) . (Continued) REGULAR T•7EETIIIG OF iH� OROTJO COUNCIL, APRIL 24 , 1979 Page 15 Butler moved, Hurr seconded, to approve the Busy COIJDITIOPIAL USE PERMI' Beaver Day Care Center at the Reorganized Church of � 850 ��7ayzata Boulevard Jesus Christ of the Latter Day Saints , 850 �aayzata (Continued) Boulevard, per the Planning Cormmission recomriendations of April 2 , 1979 , which state: l. Final approval from the State t9elfare Department. 2 . Coripliance with requirements cited in the State . Fire P�Iarshall' s report of t•�arch 9 , 1979 . 3. Completion of all items stated in the Building Inspector' s merlo of PZarch 19 , 1979 . 4. Cor�pliance with standards set by Planninc� Commission: a. No more than 30 pupils in attendance during the morning or afternoon session. b. Fenced in area, as noted in site plan, to be completed before day care center is in o�eration. 5. Reviewed by the City at their discretion rec�arding any traffic problem. Motion, Ayes (4) - Nays (0) . i�4r. Alan Olson, City Planner, entered into the record COrdDITIONAL USE PER�II the conditional use permit for ripra� and shoreli�ne 1444 Shoreline Drive • alteration of ��lindward P4arine, 1444 Shoreline Drive, #467 dated P�arch 19, 1979, which states : �-�indward Marine Windward PZarine is continuing their program of riprapping and shoreline landscaping in 1979. The riprapping is very routine and would normally be approved by staff without requiring Planning Corunission review. The issue here is the proposed concrete slab with the riprapping included because it is one project. The slab is proposed as a replacement for an existing timber and asphalt crane pad. The purnose is to allow solid footing for a crane used to raise and lower boats into the lake. The slab is obviously hardcover but it does replace existing hardcover of the sarle area.- In addition, sorne existing asphalt is to be rer.loved and replaced with gravel. The plans should be reviewed for structure and drainage by the City Engineer with his comrments forming a major basis for your review. Planning Commission P!Ieeting - April 2 , 1979 Planning Commission recommends for approval the conditional use application of VJindward t4arine - to permit the existing wooden wall to be replaced with riprap, following DNR standards , and construction of a 12 ' cement pad because of leaking and erosion problems. Planning Comr,lission also approves the paved parking area being regraded and replaced with gravel. (Continued) REGULAR IdEETING OF THE ORONO COUNCIL, APRIL 24 , 1979 Page 16 The Chairman wanted to note for the Cou�cil that COT�DITIONAL USE PERP�I it was the consensus of the majority that the 1444 Shoreline Drive proposed project is more esthetic and functional (Continued) than existing situation. Dissenting vote, P7cDonald. Could not approve the application because it involved grading and filling within 75 ' of lakeshore and the cement slab noted in memo in reality is a ceMent seawall. Absention, Hurr. Conditional use perMit is part of an overall project (marina license application) that is still pending. Council P�leeting - April 24 , 1979 Mayor Van Nest moved, Butler seconded, to approve the conditional use permit request of Windward rlarine, 1444 Shoreline Drive, per the Planning Coru�iission recomr.mendations and subject to approval of the City Engineer. Piotion, Ayes (4) - Nays (0) . , T�ayor Van Nest moved, Butler seconded, to approve VARIANCE the variance request of Thomas Ammerman, 3458 P7orth 3458 North Shore Driv� Shore Drive , per the Planning Commission recor.u�enda- #468 tions of April 2 , 1979, subject to a five foot Thormas Ammerman sideyard setback on the northeast per Exhibit 8, and exterior storage to be placed into new garage. Motion, Ayes (4) - Nays (0) . Butler moved, Hurr seconded, to approve �t`ie request VARIAIICE for a variance of Peter H. Rennebohm, 1520 Tanglewood 1520 Tanglewood Road Road, per the Planning Commission recomriendations of #470 a 30 ' variance (for 20 ft.rear setback) finding hard- Peter Rennebohr.i ship of topography and lir.►ited drainfield site subject to septic systerl and well location per septic inspector' s recor.u-�endations and no building permits until the Tanglewood Road construction standards provide perrlanent al1 weather acces s. PZotion, Ayes (4) - PJays (0) . Butler moved, Paurus seconded, to ado�t Resolution RESOLUTION �1026 #1026, A Resolution Approving A Conditional Use Good Shepherd Church Pernit For Limited Church Service Use Of The Pdavarre Drive-In Theater Property, 1979. P4otion, Ayes (4) - P1ays (0) . . . . RFGULAR r2EETING OF iF�E ORONO COUI�ICIL, APRIL 24, 1979 Page 17 I4r. Alan Olson, City Planner, presented the City STUBIlS BAY AR�A* Council with - Stubbs Bay �area reports , entitled: A. Stubbs Bay Marina Property B. Continuing Land Use Study t�4r. Olson will complete his study as soon as possible. Mr. Alan Olson, City Planner, entered into the 1979 DOCI: LICENSFS record information concerning the 1979 joint use and cor.lmercial dock licenses dated A��ril 6 , 1979, which states: A. I'oxhill Homeowners Association - Council FOXHILL ASSOCIATION conceptually approved 1979 licenses for 13 LICENSE slips and reaffirr.led the 1974 action to permit a total of up to 16 slips not to exceed one � slip per occupied residence in the Foxhill subdivision. The lakeshore dec}: is to be removed but winter storage of dock section on the shoreline is to be perr.litted. Butler moved, P4ayor Van Nest seconded, to approve the granting of the same number of docks as the nur�lber of residences according to Exhibit C. Discussion �follo�ved. 'tr. Louis B. Oberhauser, attorney for the Foxhill Association,stated that he had not had time to review the proposed resolutions and would like this item tabled. Butler moved, r4ayor Van Nest seconded, to table the Foxhill Hor:leowners association' � 1979 j�int <?ock use license. P4otion, Ayes (4) - Nays (0) . B. ��Jindward P4arine - Council apProved attached 4�7INDWAP.D MARINE Resolution #1023 granting the 1979 license for LICENSE the same dock layout as in place in 1978. New dock layout to be considered onlv after complete review of zoning issues. Council Meeting - April 24, 1979 I�ayor Van Nest moved, Butler seconded, to amend. P.esolution #1023 to allow docks and moorings the same as 1978 and approval of other concerned agencies. Motion, Ayes (4) - Nays (0) . REGULAR r1�ETIPIG OF THE OROIdO COUi1CIL, APRIL 24 , 1979 Page 18 C, Paul' s Landing License PAUL' S LANDING LICENS Butler Moved, P4ayor Van Nest seconded, to adopt RESOLUTION #1027 Resolution #1027, A Resolution Directing Staff �'o Paul' s Landing Issue A Commercial Dock License To Paul' s Landing Subject io Conditions Noted Herein For The Period Of January 1, 1979 To December 31, 1979 . DZotion, Ayes (4) - Nays (0) . D. Gayle' s P4arina - All docks have been removed GAYLE'S MARIDIA LICENS and 200 ' line has been field located bv surveyor. r•4ayor Van Nest moved, Butler seconded, to anprove the 1979 cornmercial dock license for rayle ' s Piarina subject to staff drafting a final resolution denoting 134 slips only. P�otion, Ayes (4) - Nays (0) . Butler noved, P4ayor Van Nest seconded, to hold a PUBLIC HEARING DATE* public hearing May 22 , 1979 at 7: 00 P.M, concerning [4ell Ordinance a proposed amendment to the present well code. Motion, Ayes (4) - Nays (0) . Pir. Alan Olson, City Planner, presented the City SANITARY LANDFILL* Council with a report concerning Hennepin County' s P�orris T. Baker Park sanitary landfill proposal near Morris T. Baker Park. Mayor Van rdest r►oved, Paurus seconded, to request � � ttie City Administrator to send a letter to Hennepin County opposing a landfill at any location in the [aatershed district. D4otion, Ayes (4) - Nays (0) . i�ir. Alan Olson, City Planner, presented the City PROPOSED SIDEWALK* Council with a report on a meeting at Spring Park Shoreline Drive City F3all concerning a proposed sidewalk on Shore- � line Drive to the Hennepin County Boat Landing. P4r. Glenn Cook, City �ngineer, explained the RING ROUTE plans for the ring route project pointing out the Project 79-1 locations of the 12 ' turn lanes and where entry taper lanes will be. He also stated that additional right•of-ways �vill be needed, ihe County will pay for all work on the County Roads and 50� of the right-of-way acc�uisition which �aill be in an agree- nent being prepared by the County before approval of the award. (Continued) REGULAR A'tEETIrdG OF TF�E ORONO COUI�ICIL, APRIL 24 , 1979 Page 19 .layor Van Nest moved, Butler seconded, to approve RING ROUTE PLANS changes in the ring route Plan subject to the (Continued) County' s participation in a cooperative agreerient for bid purposes only. P�7otion, A_yes (4) - tJays (0) . ?4r. George PZeadov�s, Department of Natural Resources, LUCE LIPdE TRAIL BRIDGE was present to discuss the br_ige at the Luce Line Trail. Butler moved, Paurus seconded, to approve the nlans for the DNR bridge at the Luce Line Trail with no expense to the_ City and assured cooneration fror.► t1�e DNR. r�otion, 1�yes (4) - Nays (o) . P'Ir. Glenn Cook, City Engineer, presented plans ORONO ORCHARD ROAD for the revision of Orono Orchard Road stating tliat the grade change will be downgraded 3 z' to Provide adequate sight distance at the Neslund �;onert��. �� had previously been discussed that Pieslund would rlove the dirt and Orono would do the surfacing of the road. Playor Van Nest moved, Butler seconded, to propose to :�r. 2leslund ior him to move the dirt and Orono would surface the road, or whichever option he would prefer. iZotion, Ayes (4) - Pdays (0) . I•7ecessary easer,tents were discussed. P•sayor Van Nest rnoved, Butler seconded, to authorize the City Attorney to prepare easerients and payments sir_►ilar to that of the ring route for the Orono Orchard Road revision at Pleslund' s property. P4otion, Ayes (4) - Nays (0) . 24ayor Van P1est reviewed with the City Council a NOERENBERG PARK letter written to the Hennepin County Park Reserve - District dated Septeriber 5, 1978, concerning � a $350, 000 grant awarded to the Park Reserve District to irlprove Noerenberg Park. It has now cone to our attention that the Metropolitan Council has approved a $266, 400 grant for the improvements. P�ayor Van Pdest requested Dic]c Benson, City Adr.linistrator, to send another letter to 2�4r. Charles t�7eaver, Chair- man to the P�etropolitan Council,stating our concerns and enclosing all previous corres�ondence with copies to Senator Pillsbury, Representative Searles, Alan Ravrlond, and Dirk DeVr_ies. Butler r.loved, 22ayor Van t7est seconded, to approve EI��PLOY*iIEPdT* the employment of Chris Swaggert as clerk-receptionist Chris Swaggert at a starting salarv of $700 per rlonth effective April 9 , 1979, Motion, Ayes (4) - Nays (0) . REGULAR P'IEETIN� OF THE OROP�O COUP�CIL, APRIL 24 , 1979 Page 20 Dick Benson, City Adriinistrator, presented the 1979 SHADE TREE City Council with the Diseased Shade Tree Program PROG�M* for the 1979 season, dated April 19 , 1979 , which states : The diseased shade tree program for the 1979 . season will basicallv rertain the sar�e with sorme minor changes. � The control zone will rernain the same, that being everything south of ��Jatertown Road east to Orono Orchard Road where it will be south of I�ighway 12 to the eastern border. All areas in the control zone will be surveyed three (3) times during the season. In the non-control zone, inspections will be made as requested by the resident. The subsidy program will remain the sarf►e, $25 per tree on a 1/2 acre lot in the control zone. At this time, it is unknown whether there will be a state wide subsidy Proc?ram. I= there is not going to be any subsidy fror_► the state, we can adjust our program accordingly. As has been the problem in the past few years, the disposal site problem still exists and is becor.iing more critical each year. Recently, you were given a packet from Hennepin County outlining the disposal program for 1979. � One probler► that has been increasing steadily over the past few years is the individual requests and calls frorn the resident to the forester. f 24r. Beach states that it is impossible to keep up with the calls because of the r.iany individual requests and many tines the questions asked do not pertain to diseased elms. In fact, if he is going to be able to respond to all requests of the resident, he would have to employ an assistant. This , of course, is going to increase the cost of the progran. I feel that the best way to eliminate unnecessary calls that do not pertain to diseased shade trees, is to have all calls directed to the City office and screened before they are given to tne forester. This does not mean that the resident will not Yie able to contact the forester but should decrease the un- necessary calls. (Continued) REGULAR i�EETING OF TFI� OROrdO COIJPJCIL, APRIL 24 , 1979 Page 21 Butler r�oved, P4ayor Van Nest seconded, to accept the 1979 SIiADE TREE 1979 Diseased Shade Tree Progran. PZotion, Ay�es (4) - PRO�RAP4* IJays (0) . (Continued) The Planning Cor.Lmission appointr�ent was tabled PLA2INING CO_MMISSION until the next meeting with the request to write a letter to Steve Wilson, Chairman of the Planning Comrnission ,to provide a recommendation for a Vice-Chairman and ne�� r�ernber. Butler r�loved, Hurr seconded, to appoint i-iary Rivers, APPOINTMENT 1442 Shoreline Drive, to the Fiurlan Riglits Cor.imission P�ary Rivers to a three-year terr_m. PZotion, Ayes (4) - Nays (0) . �iuman Rights Commissi Butler moved, Mayor Van Nest seconded, to approve RIt7G ROUTE PAYMENT* the payment of $8 , 052 . 56 to r�Sr. Robert Compton in Robert Cor.lpton full payment for purchasing the fee title �or his property for the ring route. Motion, Ayes (4) - Nays (0) . � Butler moved, A4ayor Van P7est seconded, to approve CASCO POINT P7EETIIdG*. a r•ieeting ior April 25, 1979 at 7: 30 P.P4, at the April 25, 1979 Good Shepherd Lutheran Church to discuss the Casco Point tra�fic and street regulations. ?�4otion, Ayes (4) - Pdays (0) . Mayor Van rdest announced that a Joint Police JOIP7'T_' POLICE CO2�1�3Ii'I'E Comriittee *4eeting ��ill be held at the I�iinnetonka P3EETIPdG* Beach City Offices May 2 , 1979 at 7: 00 P .P�!. *4ayor Van Plest announced that the spring cleanup SPRING CLEANUP DAYS* days will be Saturdays, 2-4ay 5 and May 12, 1979 ��ay _5 & 12 , 1979 fror:l 8 : 00 A.n4, to 4 : 00 P.P�I. Butler r_ioved, P�4ayor Van Nest seconded, to er.lnloy ErqpLOYMEPIT* Tucker Bennett, Orono Golf Course for the 1979 - Tucker nennett season, at a rate of $2 . 50 per hour effective April 21, 1979. rsotion, Ayes (4) - Nays (0) . Butler moved, Mayor Van Nest seconded, to er►ploy EMPLOY?iENT* Linda isacKissock, Orono Golf Course for the 1979 Linda MacKissock season, at a rate of $2. 50 per hour ef_f_ective April 28 , 1979 . i�otion, Ayes (4) - Navs (0) . Butler moved, r�ayor Van Nest seconded, to employ �NiPLOY_MENT* Brian Kramer, Orono Golf Course through the Brian ?�ramer suririer youth employnent program, at a rate of $2 . 50 per hour, effective April 17, 1979 , until such time as the sumrier youth er.mplovrient prograr.i is in effect. iZotion, Ayes (4) - Nays (0) . REGULAR MEETING OF TIiE ORO2�I0 COUNCIL, APRIL 24 , 1979 Page 22 Butler r.ioved, idayor Van Nest seconded, to employ Er�LOYT�r1T* Vincent Quebbemann, summer youth eriployment prograr.m, Vincent Quebbemann part-time, until the suru7er youth work program is in effect, at a rate of $2. 50 per hour effective April 25, 1979. P�Iotion, Ayes (4) - Nays (0) . Dick Ilenson, City 1ldministrator, informed the City CDBG INCREASE* Council that the City of Orono has been notified by Hennepin County that the Year V �inal entitlement amount for the CDBG Program for the Citv of Orono has been increased $4, 443. �he City of Orono previously allocated all of the monies for Year V to Housing Rehabilitation. Therefore, I recor,unend that the additional $4, 443 be added to the Housing Rehabilitation Prograri. This will change the final amount frorl $54 , 500 to $5II , 943. Council Meeting - April 24 , 1979 _ Butler moved, r�ayor Van Plest seconded, �that __ the additional $4, 443 of the Year V entitlement for the CDBG Prograr.i be added to the Fiousing Rehabilitation Program. PZotion, Aves (4) - Nays (0) . tiayor Van Nest announced that the ?4ay Council RESCHEDULED 1��ir.E`i'T�'Ir=S* rleetings have been rescheduled to PZay 8 and May 8 & P2ay 22 , 1979 May 22 , 1979 at 7: 00 P.M. due to conflicts on the regular rmeeting nights. P�ayor Van rlest announced that the Hur�an Rights FiU.'�IAN RIGHTS COP�4ISSI1 Coruaission meeting will be he�d April 26 , 1979 MEETING* at 7:00 P.Pl, at the Council Char.tbers. Dick Benson, City Adninistrator, presented the SE��7ER & WATER BILL City Council with a rtemo from mom ICuehn, Finance Mrs. Edwin l�urphy Director, dated April 19 , 1979 , which states : On April 12 and April 13, 1979 , we talked with i�irs. Edwin *�urphy, 325 North Ferndale, about her fourth quarter 1978 sewer and water utility bill. lsrs . Isurphy stated she did not receive her bill and did not feel she should pay the penaltv of $7. 48 which was added due to no payrient being made. She did state that she had been looking for it in the mail but� she did not call the City to inquire about it. (Continued) REGUi�AR 27EETING OF �'FiE OROrdO COUNCIL, I�PRIL 24, 1979 Page 23 After checking our files to be sure the bill was SEP7ER & 61ATER BILL not returned, we informed PZrs. Mur�hy that it has �(Continued) been Council' s policy to not rer_love penalties where it is not due to staff error. Council Meeting - April 24 , 1979 Paurus rloved, Playor Van rdest seconded, to deny the request of P4rs . Edwin P�urphy, 32 S ilorth Ferndale, to remove her penalty irom her se��aer and water utility bill. P4otion, Ayes (4) - Nays (0) . Butler moved, ASayor Van Nest seconded, to approve LICENSES* the following list of licenses : I�4otion, Ayes (4) - Nays (0) . Kennel Licenses Anlabv Rill I:ennels - r'Ia�aell E. Alvord Residential I:ennel - Joanne E. Petersen Valor Kennel - John Lanier Trade Licenses Aqua City Plumbing, Inc. - Plumber Bohn t^7ell Drilling Company, Inc. - Well Drill.er Earl �9. Day & Sons, Inc. - Plumber & Sewer Hookup Leuthner Well Conpany - GJell Driller P�iac-In-Erny, Inc. - Plumber Louis Fi. Peter Company - Plur,iber Sullivan' s Services, Inc. - Septic System Installation t4estonka Pltunbing & Heating, Inc. - Plumber & Sewer Fiookup, Septic System Installation Volkenant & Son, Inc. - Plur,iber & Sewer Hookup, Septic System Installation Butler moved, 14ayor Van Nest seconded, that the All BILLS* Funds Account� 7591 through 7629, 10722 through 10725, 3606 through 3664 ; 11647 tlZr.ough 11649 and Liquor Store Accounts 13043 through 13051, be paid. P�otion, Ayes (4) - P7ays (0) . At 10 : 40 P.P2. t4ayor �Ian Nest inforr.ied the public EXECUTIVE SESSION that the City Council woizld be discussing matters of litigation and that the Council would be now holding an executive session. Psayor Van Nest moved, Butler seconded, to direct City staff not to discuss 73=1 litigation r:latters �•=ith ne�vly appointed Councilmertber JoEllen fiurr since she is an appellant in this litigation �matter. iSotion, Ayes (4) - Nays (0) . REGULAR IZF:�TIt7G OF THE ORONO COUI7CIL, APRIL 24, 1979 Page 24 Butler r:loved, I1a1 or Van Nest seconded, that the ADJOL�?'.N"ZF.NT meeting be adjourned at 10 : 50 P.�4. Motion, � Ayes (3) - 21ays (0) . ��7illiar.l B. Van Nest, P4ayor ` � ,,_, � ��Z .� Attest G� �aalter enson, Clerk-Administrator � � F .{ 1