HomeMy WebLinkAbout06-12-1979 Council Minutes C I^Y OF OROPIO
Regular I7eeting of the Orono Council, 7: 00 P.M.
June 12 , 1979 �
•� �lie Orono Council rnet on the above date caith the
following meribers present: Acting P4ayor r�assengale,
Councilr:lembers Butler, Fiurr, and Paurus. Absent:
Playor Van ilest. Also present: Cit�� Adninistrator
Benson, City Planner Olson, City Engineer Cook, and
Deputy Clerk Strora. Absent: City Attorney P4alkerson.
Butler moved, Hurr seconded, to ap�rove the Consent CONSENT AGENDA*
Agenda* �aith all staff data and supportive information
to be inclvded in the P4inutes in the sequence they
occur. P�otion, Ayes (4) - Navs (0) .
Butler iaoved, Hurr seconded, to approve the P�inutes PiINUmES*
o� the Regular Pseeting of May 8 , 1979, as arlended. P1ay 8, 1979
Ayes (4) - PJays (0) .
Butler r.�oved, Hurr seconded, to approve the r4inutes MINUTES*
of the Regular Meeting of May 22 , 1979, as arlended. P�av 22 , 1979
Ayes (4) - Nays (0) . r
Butler rnoved, Iiurr seconded, to approve the IZinutes tiINUTES*
of the Board of Review I4eeting of Isa�� 29 , 1979. Board of Review
i�totion, Ayes (4) - Ilays (0) . riay 29 , 1979
t�Ir. Lee Tomlinson, Park Cortr.tission Chairman, PZrs. BEDERTa00D PA�2K
Peggy �aatson, and Coach Al1an Rezabek were present
concerning a baseball diarnond at Bederwood Park.
The following letter to Mayor Van I1est from the
Park Corunission, dated June 10, 1979 , states:
"r�tembers of the City Council have requested
additional inforr.iation on the need for a larger
baseball field in Bederwood Parlc.
At the present time, there is only one re�ulation
size �ield in the area. It is located behind
Orono I'Iiddle Scnool and is being used by six tearzs.
Over one hundred pla��ers com�ose the teams. It
is expected that the number of 13-15 year old
participants will double in the next fe�a 1�ears.
The field is unlighted. This neans that all games
are played between the time the coaches arrive
hone from work and dark. As a result, coaches
� have to schedule many "a�va_y" games , miles fror!m Orono.
(Continued)
REGULAR t�EETIi1G OF iHE OROP10 COUNCIL, JU'1E 12 , 19 79 Page 2
It has been decided to build another field behind BEDERj•�OOD PARK
the high school. Tliis will be coriPleted in a fe�a (Coritinued)
years. Iiowever, another field is still needed
for play and practice. There are 13 LittZe League
fields in the area; scheduling of games for younger
boys is not a problert. Another Little League field
is not needed.
Cornrnunity Education �•�ill not provide for the
construction of a ball diamond. It cannot get
involved with capital improvements.
The Orono-Long Lake Baseball Association would
be willing to assist in this venture. The custodian
at the high school mows the school field. `�he
cor.ununity organization takes care of the rest of
the naintenance (spreading sand on the baselines ,
etc. ) . A new field would remove nuch oi the frustration
frorn the volunteer coaches.
47e, on the Orono Park Comission, hope that the Council
will release some of the park dedication funds for
this project. "
�he follo���ing r.lerio to Lee Tomlinson from John Gerhardson,
Public tiaorks Coordinator, dated June 12 , 1979, states :
ihe following are t'_Ze iter�ls of concern for Bederwood
Park Ball Diamond:
l. P�inumum requirements for maintenance
2. Equipment needed,bases, horie plate, etc.
3. Parking for how many vehicles?
4. Regulating use of diamond (who will be responsible)
at present; it is first come first served
5. If we are going to have other organizations r.laintain
the area, we will need a cooperative agreement
6. ��ell for watering
7. [ahat will be the reaction of the neighbors?
8. Once the design is there, how will we control develop-
r.ient in the future (the homeowners in the area will
nost definitelv be concerned)
9. W!zat effect will the proposed ball diar►ond at the
Orono Schools have on the diar.lond at the nresent tir.le?
S
Council P�eeting - June 12, 1979
In the discussion that followed, Coach Rezabek stated
that the Army Reserves stationed at rort Snelling
would provide fill, survey, and excavate for a regulation
baseball diamond free of charge.
Further discussion included parking facilities, satellites,
r►aintenance, scheduling, insurance, and operation.
� (Continued)
REGULAR t2EEiING OF iHE OROPdO COUtdCIL, JUi•1E 12 , 1979 Page 3
Acting Mayor r2assengale moved, Butler seconded, BEDERSa00D PARK
that the City Administrator write a letter to (Continued)
Lee Tor.11inson, Park Cor.zmission Chairr►an, outlining
Orono' s concerns regarding the proposed baseball
field, which are:
l. I4ininlum requirernents for r,iaintenance
2 . Equiprnent needed: bases, home plate, etc.
3. Parking for how riany vehicles
4. Regulating use of diamond (who will be
responsible) , at present, it is first cor.le
first served
5. If we are going to have other organizations
r�aintain the area, we will neec� a cooperative
agreerlent
6. �aell for watering
7. Insurance coverage and hold harmless agreerlent
8. Satellites
Also, the Park Comr.lission will submit to us a cost
projection to the City on r.laintaining the grounds ,
and authorization to send a letter to the Arrny
Reserves stationed at Fort Snelling requesting
their services in designing and building the
baseball diarmond.
P�otion, Ayes (4) - i�7ays (0) .
c
REGULAR PSEETIPdG OI' TF�E ORONO COUNCIL, JUi1E 12 , 1979 Page 4
i10 cor,uaents from the Lake tiinnetonka Conservation L2•1CD REPORi
District representative. �
Councilmember Hurr, Council representative to the PLAiJ2IING COMA4ISSIOPI
Planning Commission, reported on the rotation of FtEPORT
Planning Commission r�embe�s being present at
City Council meetings. She stated that a '
schedule would be setup for appearances and
agreed that better conununications were necessary.
The City Council requested that they receive an
agenda for the Planning Commission meetings.
Butler moved, Hurr seconded, that a Joint Council/ CONiPREHEr]SIVE PLANNIN�
Planning Commission meeting would be held �7ednesday, PIEETING*
June 27, 1979 at 7: 30 P.M. in the Council Chambers.
P7otion, Ayes (4) - Nays (0) .
Pir. Robert Mitchell, attorney for Mr. Hannah PUBLIC COP1�"'iENTS
and r�r. Stewart, and Mr. Swenson, attorney for Lake Access
i�r. Rhode, appeared to discuss the easer.►ent 1410 Bohns Point Road
for lake access at 1410 Bohns Point Road. I4r.
P4itchell presented the City Council with a draft
for an easenent agreeMent including cor.unents
in a letter fron Pir. Swenson. ihey requested
Council action on approving the easer�ents
tonight because of a pending lawsuit due to
begin before the next Council meeting.
After a short discussion, Acting P�ayor i�7assengale
inforned Pdr. I�Iitchell and Psr. Swenson that due
to the fact that the r_laterial was just received
tonight, the City Attorney was not present, and
the matter is in litigation, no action could
be taken this evening. Mr. Michell assured the
City Council that he had also delivered the same -
material to Mr. Becker' s attorney.
Mr. Herman Renner, 3180 North Shore Drive, PUBLIC COP�iENTS
aalso appeared under the Public Comments section ilorth Shore Drive
on the agenda concerning his letter regarding Marina - Renner
the North Shore Drive Marina.
Acting P�ayor Psassengale rec�uested that he stay
until later in the evening when that iter_i
appears on the agenda.
REGULAR t�7EE`�ING OF THF OROtlO COIJPICIL, JIJ?�E 12 , 19 79 Page 5
Butler r:loved, Hurr seconded, to adopt Resolution RESOLUTIOid #1038*
#1038, A Resolution Approving A Registered Land 645 North Arm Drive
Survey For R. L. WenY.stern, 645 Plorth Arm Drive.
29otion, Ayes (4) - tlays (0) .
P�ir. Alan Olson, City Planner, informed the City CONDITIONAL USE PERMI.
Council that Dr. Dunlap has signed Resolution 1595 Bohns Point Road
�1028 concerning the proposed dredging in the #424
lagoon on his property. His neighbor, 22r. Aines , David Dunlap*
refuses to be a part of the project or to sign
the resolution. Dr. Dunlap further sees no
reason to file the resolution in his chain of �
title.
As per riy revie�a at the April 24, 1979 rieetinc�,
the dredging activity has no effect, positive
or negative, on the riparian access or future
division of either lot. ^herefore, I recommend
that Resolution #k102Fi be amended by deleting
certain sections on Page 4 per the attached
copy.
Butler raoved, Hurr seconded, to approve the
amended Resolution #1028 for the conditional
use permit of David Dunlap, 1595 Bohns Point
Road. Tdotion, Ayes (4) - Nays (0) .
t4r. Alan Olson, Cit�� Planner, entered into the COrIDITIONAL USE PER2iIT
record the request of Richard Oliver, 3898 Cherry 3898 Cherry Avenue
Avenue, for a conditional use per-riit, dated #458
February 21, 1979 , which states: Richard Oliver
��lork Session - The garage and guest apartr_ient at
3898 Cherry Avenue was damaged by fire on
February 3, 1979. • S�Ie have been informed that the
apartrzent was rented a a Jim and Cindy Poulton.
The renting of an a�artrlent in a res�dential zone
is a violation o� the Zoning Code, Section 34 . 027.
34. 027 Guest Houses: A separate dwelling constructed
on an existing undivided lot for the sole use
of the occupants of the princinal buildings,
including theiredor►estic employees or their non-
paying gu�ests. All regular lot requirer•Zents shall
be met by the auest house.
I�r. Oliver has been informed of the violation and
because of this , staff has advised hirm to apply
for a conditional use permit. Please note, staf�
did not base their action on percentage of danage
done to original structure. The �ouse is in the
process of being sold and the guest apartrlent
was considered in the overall sale price. P2r. Oliver "
and the new owner nust be made aware through the
conditional use perriit that this cannot be a rental
unit. (Continued)
REGULAR ?4EE�'IP1G OF ^H� ORONO COUNCIL, JUiI� 12 , 1979 Page 6
The City cannot allow hirn to reconstruct the CONDITIONAL USE PERM:
apartraent until the application is completed. 3898 Cherry Avenue
(Continued)
32. 250 Occupancy Certificate Recruired for ilon- �
conforr.ling Use: Application for such
occupancy certificate for all lawful non-
conforr�ling uses or buildings created by
the adoption of the Zoning Code shall be
filed with the Zoning Adr:tinistrator by the
owner or lessee by January l, 1976. The
Zoning Administrator shall approve a certi-
ficate of occupancy for a non-conforming
use. Failure to apply for such occupancy
certificate shall be priria facie evidence
that such non-conforming use was either
illegal or did not lawfully exist on
January 1, 1975 ( the effective date of
this Zoning Code) .
This reaffirrning the City' s right to require the
ap�licant to file for a conditional use perr,lit even
though this use existed before January l, 1975.
The address file has no record of an occupancy
certificate ever being issued. •
Planning Comr_iission i4eeting - February 26, 1979
The code requirements for the conditional use permit
application were reviewed _for the applicant. The
Planning Comr,iission cited the difficulties of policing
the renting of such guest house/apartment uses in
residential neiyhborhoods. Is this use conpatible
in a 1/2 acre zoning district?
The property was charged for one se��er unit. Tli�
City records show that the taxes for 1979 were not
�aid. The assessing records show charges for a
storage unit above garage not an apartr.lent.
Rates for storage unit $1.00/sq. ft.
Rates for apartment unit $10. 00/sq. ft.
Staff will remind the Planning Commission that an
approval can be conditional, and a denial r�ust be
docuriented. �
Planning Comr�ission Pieeting - April 2, 1979
Iir. Taylor, landowner in the area, stated that he
had no objection to Iir. Oliver rebuilding the
guest house. In fact, t•-Zr. Taylor would like to
see a zoning change that �aould allow i:�ultiple
dwellings. tZr. Alden Purvey, 3926 Cherry Place,
opposes the application because Mr. Oliver is
in the process of selling his home and foresees
difficulty in enforcing the conditional use �
pernit with a new owner. Psr. Oliver stated
(Continued)
REGULAR t-SEETIi�G OF THE OROiIO COUNCIL, JUNE 12 , 1979 Page 7
that the house has been taken off the narket and CONDITIONAL USE PERPII
the guest house will be for his own use. 3898 Cherry Avenue
(Continued)
I�iajority Opinion - Planning Co�unission voted 5-2
to recomriend for approval the conditional use
perr:�it to reconstruct the guest house, consistent
with the past structure, but conditioned upon
use only as guest house and not a rental unit
subject to reapplication at the time of sale o�
the property.
PZ.inority Opinion - PSerlbers felt that kitchen .
facilities should not be permitted and were
concerned that only one sewer unit was assessed
against the property. The specific use of the
guest house had not been shown and mer�bers were
not convinced the property would not be sold.
Approval of this application would be an onen
invitation to a violation.
Staff Recommendations: Staff concurs with the
minority opinion and would recomr,iend against
approval of the conditional use permit for Richard
Oliver to reconstruct a guest house on the following
findings :
1. The guest house does not meet all the regular
lot requireraents. The structure meets all
the setbacks but not the area requirement.
The total lot would have to be at least one
acre, 43,560 sq. ft. Total area of Oliver
property is approximately 22, 300 sq. ft.
2. The procedure mechanics are nonexistent for
enforcing such conditional use pern.►its when
a property is sold.
3. City does not charge an additional sewer unit
for a guest house with separate kitchen and
bathroom facilities. Satff recommends a
review of current policy.
Council Meeting - June 12 , 1979
Mr. Oliver was not present. �
Pau�us riov�d, Butler seconded, to deny the
conditional use permit for Richard Oliver,
3898 Cherry Avenue, per the following staff
recomnendations : that the lot area and setbacks
were too small to meet the intent of Section 34 . 027;
that no sewer unit had ever been charged or made
available for a second dwelling on the lot; and
that all past City records indicated that the
garage was an accessory storac�e building only.
Mdtion, Ayes (4) - Nays (0) .
REGULAR t�iEETING OI' THE ORONO COUNCIL, JiJP1E 12, 1979 Page 8
Butler moved, Hurr seconded, to adopt Resolution RESOLUTIOtd #1039*
#1039 , A Resolution Approving Lot Area And Lot 2785 Shady�vood Road
Width Variances But Denying Setback Variances For
Robert Watson, 2785 Shadywood Road. Psotion, Ayes (4) -
IJays (0) .
P4r. Alan Olson, City Planner, entered into the record SUBDIVISION
the request for a subdivision of Anne Niforopulos, 250 Old Crystal Bay Rc
250 Old Crystal Bay Road, dated l�pril 17, 1979 , 472
which states : Anne Niforopulos
Sketch Plan Review - Zoning District RR-1B
The applicant proposes dividing 34 . 3 acres into two
lots; a 16. 3 acre parcel and an 18 acre Parcel to
be dedicated to the DNR. Last fall, Planning
Conuaission approved the future park plans for this
site. The lots meet all the requirements of the
zoning district. We will recommend a metes and
bounds division for this property. At the time of
the original Dickey Subdivision, it was understood
that the remainder of the property to the south
would be divided by metes and bounds.
Planning Commission P�eeting - April 23, 1979
Planning Commission gave conceptual approval to
the proposed two lot subdivision of Anne Niforopulos
and set a public information meeting for r4ay 21, 1979.
Public Information P4eeting - P�Iay 21, 1979
�ae recor.uaend preliminary approval of the metes and
bounds subdivision of Anne Niforopolus into two lots.
The septic testing has been waived because of the
large lots. The applicant has complied with all
of the requirements for preliminary approval.
Planning Commission P•ieeting - rsay 21, 1979
The applicant was not present. The public information
�►eeting was held but no cor.unents were heard. Planning
Commission moved to recommend approval of the metes
and bounds division of Anne Niforopulos as all the �
requirements have been met.
�taff 21c�te - Mav 23, 1979
Staff concurs with the Planninq Commission recom-
mendation sub�ect to the followinq conditions:
1. Waiving of all septic testinq until the Niforopulos
parcel of 16. 3 acres is subdivided.
2. Waiving of ariy park fees for this subciivision until
the 16. 3 acre parcel is subdivided. (Continue d)
R�GULAR P'iEETIIIG OF THE OR02]O COUNCIL, JUNE 12 , 1979 Page 9
If no additional conditions are attached at the SUBDIVISION
June 12,, 1979 meeting, I suggest the Council adopt 250 Old Crystal Bay
the attached resolution for final subdivision (Continued)
approval.
Council P�Ieeting - June 12, 1979
Paurus moved, Butler seconded, to adopt Resolution RESOLUTION #1040
#1040, A Resolution Approving A t4etes And Bounds Old Crystal Bay Road
Subdivision For Anne iliforopulos, 250 Old Crystal
Bay Road. Motion, Ayes (4) - Nays (0) .
Councilmember Hurr requested staff to obtain a
copy of the deed restrictions for DNR land uses.
24r. Alan Olson, City Planner, entered into the SUBDIVISION
record the request for a subdivision of Kathleen 2440 North Shore Dri
Gluek, 2440 North Shore Drive, dated April 17, #474
1979 , which states: Kathleen Gluek
Sketch Plan Revieca - Zoning District LP.-lA
The applicant pronoses dividing a 32+ acre parcel
into two lots; a two-acre and a 30-acre lot. The
two acre lot r►eets all of the zoning requirer►ents
for the district. The existing house appears to
meet setback requirer.lents. We will require all
setbacks for existing structures. The tennis
court does not appear to have the necessary 10 '
side yard setback.
The designated �aetland has been noted as a drainage
easement. The applicant will be inforned of the
irlplications of the Conservation and I'lowage
Easer,�ent agreement with the City.
In keeping with what we hope is a consistent
roadway policy, we recomrtend an outlot for the
driveway of 30 ' . The City will not acquire the
underlying easerlent.
Planning Commission i�ieeting - April 23, 1979 ,
Planning Commission gave conceptual approval to
the teao lot subdivision of Kathleen Gluek. Planning _
Commission advised staff to check into the following �
considerations:
1. Septic inspector to not only check existing
septic syster�, but additional area for an
alternate drainfield. (Con�inued)
R�GULAR I7EETING OF THE ORONO COUNCIL, JUN� 12 , 1979 Page i6
2. In cases of two lot divisions where large SUBDIVISION
acreage lots are involved when City requires 2440 North Shore Driv
an outlot: (Continued)
a) Does this not restrict future development -
What are the nechanics and/or procedures
for vacating such outlots.
b) Should City be involved with such substandard
roads? Does tlle requirement of an outlot
suggest City' s interest?
Public Information P•�eeting - t4ay 21, 1979
The septic inspector has determined that the
existing systen is in poor condition and riust be
repaired. A lot realignment riight prove to be
necessary to give the two-acre lot additional
land to correct e�isting septic problem and afford
additional land for alternate drainfield.
At our last meeting, we raised several questions
concerning the City requiring road outlots for
two lot subdivisons with large acreage. Road
outlots are not restrictive upon future development
because they can be easily relocated with platting
and do not incur extra legal expense or red tape
for the landowner. The City's interest in a road
is not expressed through the means of an outlot
but rather in acquiring the underlying easement.
In the Gluek case, we are not requesting an under-
lying easement.
There were no corunents from the public. The
Planning Commission reviewed with the applicant
the two alternatives for a north boundary line
for the newly created lot. The _applicant preferred
a shoreline boundary as opposed to one that would
be drawn straight north through wetlands. The
Zoning Administrator explained that in a future
platting; the cvetlands would� have to be tied in
with each involved lot. ihis point should again
be made clear by the Planner at the Council' meeting
on June 12, 1979. Planning Comr_mission voted to
reconmend for approval the prelir,tinary plat of
Kathleen Gluek subject to the following condi�ions : .
l. Applicant enter into a Conservation and Flowage
Easenent with the City.
2. I7ewly defined lot must have the required three
acres of dry contiguous land; applicant to consult
with her surveyor concerning option for north
boundary line, either along shoreline or straight
line to north including the wetland. (Continued)
REGULA.R 21EEmIPIG OF �Ii� ORONO COUCJCIL, JUN� 12 , 1979 Page 11
3. Payment of park "dedication fee of $250 for SUBDIVISIOi1
larger lot. 2440 North Shore Dri�
4. Plat road to be designated as a 30 ' outlot. (Continued)
City to not acquire underlying easement
because of the tenporary nature of road
location and plat only involves t�•�o lots.
Council P7eeting - June 12 , 1979
Butler r�oved, Paurus seconded, to give prelirlinary
approval for the subdivision request of F:athleen .
Gluek, 2440 North Shore Drive, i4otion, Ayes (4) -
Nays (0) .
Butler moved, Hurr seconded, to adopt Resolution RFSOLUTI0:�1 #1041*
#1041, A Resolution Extending The Conditional Use Vo-Tech
Perr.lits Issued �o The Joint Independent School
District 237 By City Resolution #�781. Plotion,
Ayes (4) - Nays (0) .
Butler moved, Paurus seconded, to adopt Resolution RESOLUTIOIJ #1042
#1042, Findings Of Fact, Conclusions And Stipulations Foxhill
Reyarding Pia�imunl Authorization For Joint Use Finding of Facts
Residential Dock Licenses Issued io Fo�•hill Home-
owners Association. iSotion, Ayes (4) - Nays (0) .
Butler noved, Hurr seconded, to adopt Resolution �SOLUmIOid #1043
#1043, A Resolution Directing Staff To Issue A Foxhill License
Joint Use Dock License To Foxhill Homeowners
Association Subject to Conditions Ploted Herein
For The Period Of January 1, 1979 To Decer.iber 31,
1979 , subject to verification of the deck being
rer.ioved. Motion, Ayes (4) - Nays (0) .
Butler moved, Paurus seconded, to approve the FOXHILL AG_12EE1�lENT
Fo�hill Homeowners Assoc3ation Agreement. P4otion,
Ayes (4) - ilays (0) .
Psr. 1�lan Olson, City Planner, entered into the ;�1IP7Dj�1ARD r�iARI�dE
record the following inforriation concerning the 1979QLicense
1979 comriercial dock license for �7indward Psarine,
dated Psay 23, 1979 , which states:
The 1979 license� approved on April 3, 1979 , excluded
approval for slips and buoys located north of the
zoning district boundary. On April 24, 1979, the
Council agreed to authorize use of those slips and
buoys in 1979 only �vhile the operator and the City
fully reviewed the proper zoning boundary location.
(Continued)
R�GULAR 2�IEETIiJG OF TFiE OROt10 COUPICIL, JUfJE 12 , 19 7 9 Page i 2
A resolution amendment was drafted and revised [JIPIDWARD P7ARINE
on t'Iay 8 , 1979. lir. & t4rs. Rivers have revised (Continued)
the City' s draft and have signed the revi�ed form.
The second "[�TYiereas" paragraph and the "license
ar►endr.tent shall be effective" paragraph have been
substantially revised fror_m the version that the
Council saw on P4ay 8, 1979. You can comr�are
the attached copies.
If Council agrees with the River' s revisions ,
then the amendment should be adopted again at
the June 12 , 1979 meeting and be properly signed
and recorded.
If the Council does not agree with tlie revisions ,
then there is still no "understanding" bet�aeen
the parties and effectively no change in the
license as issued, pending full review of the
disputed boundary location.
Council 14eeting - June 12, 1979
Paurus moved, Butler seconded, to aPprove the
Amendrient To Resolution #1023, Windward Marine
1979 Commercial Dock License, subject to the
City Attorney' s review and approval. P4otion,
Ayes (4) - Nays (0) .
P�Ir. Alan Olson, City Planner, entered into the NORTH SHORE DRIVE
record the following letter to ?'ir. Larry Hork, P4ARINA LICENSE
idorth Shore Drive 2larina, dated May 30, 1979 ,
which states:
"As you are aware, action on your 1979 license
application has been deferred pending receipt
of a promised certificate of survey documenting
the actual dock location in existence and the
actual permitted dock use area. I have repeatedly
asked Don Edwards and your attorney to deliver the
survey and have been told that it was "underway"
or "due shortly" . To date, I have not received
it. I again asked P4r. Edwards for the survey
this rnorning.
You have a copy of Resolution �1010 adopted on '
2darch 13, 1979, stating for the record your
promises and the City' s intention to �aithhold
license approval until the survey is received
and the dock location verified. You were asked
to sign a copy of that resolution to show your
good faith efforts to provide the survey in return
for the City delaying enforcement o� the licensing
requirerments. To date, we have not received a
signed copy of that resolution either. (Continued)
REGULAR PIEETIPIG OI' Tt�E OROTIO COUNCIL, JUr1E 12 , 19 79 Page 13
Your 1979 license a�plication will again be on NORTH SHOFtE DRIVE
the Council agenda on June 12 , 1979 . I would hope P'iARINA
that you can provide the survey before that meeting. " (Continued)
Alan P. Olson, City Planner
Council P4eeting - June 12 , 1979
Mr. Larry Hork and his attorney, t�7r. Bruce Douglas,
were present to discuss the 1979 dock license for
the North Shore Drive P�iarina. NL. Douc�las stated
that a certified final survey for the docks will be
presented to the City in one week.
Acting 2dayor Piassengale stated that the license
will be withheld until the survey is verified
and weirs are inspected.
Mr. Fierman Renner spoke regarding his letter of
corlplaint concerning noise at the marina during
nic�ht tir,ie hours.
Mr. Renner' s letter and a letter from Iir. John T.
Turner, Bloomington, P4innesota, also a complaint
concerning the operations of the North Shore
Drive Marina, were presented to P1r. Hork and
i�Lr. Douglas.
Mr. Douglas stated that he could not speak about
the letters until he had had tir.ie to review them.
iir. Douglas also stated that he and P2r. Hork were
willing to work with Mr. Renner to resolve the
issues contained in PZr. Renner' s letter.
i�Ir. Turner was not present to discuss his letter
of cor.lplaint but P�Ir. Douglas stated that he would
look into the matter with rir. iurner and report
back to the City Council.
Paurus moved, Butler seconded, to approve the 1979 -
license for the Pdorth Shore Drive P�arina, subject
to a certified survey being presented to the City
within 10 days, and to authorize staff to draft
a resolution for final approval for the next Council
� r.leeting, P�sotion, Ayes (4) - Navs (0) .
Butler r.loved, Acting P4ayor Massengale seconded, to RESOLUTION #�1044
approve Resolution �k1044 , A Resolution Denying An Deny Dock License
Application For A Comr.lercial Dock License By �eorge George Johnson
R. Johnson. P�iotion, Ayes (4) - ilays (0) .
RE�ULAR :lEETIPI� OF '_''IiE OROr10 COIIrJCIL, .TU?IE 1?_ , 1979 Page 14
?4r. Alan Olson, City Planner, entered into the S`^UBBS BAY PZARINA
record the followinc� memo concerning the Stubbs
Bay t'[arina 1979 marina license, datec� ?�a�� 30, 1979,
�vhich states:
On P�ay 24, 1979, the City received a 1979 license
application from I�r. James r4cCleary. As discussed
with I�r. Oberhauser at the PZay 22, 1979 rieeting,
t�r. r4cCleary is expecting to operate the r►arina in
1979 and is expecting to provide ne�o nlans ror
development o� the property.
Mr, r2cCleary has been doing some r�inimal dock repair_
tlzis spring, even after the huilding insnector
placed a stop work order on the property because of
the lack of a license or a wory pernit and because,
in his opinion, the work done was not structurally
correct and may he a tri�ping hazard to users.
I have attached a copv of the doc}: nlan subr�itted
�aith _ the r4cClear�� application ��ith rnar}_s sho���ing
where the plan is contrary to prior approvals or
facts on record.
I have revised the attached resolution regar_ding
George Johnson' s application per Council direction,
and also noting the receipt of the r4cClearv application.
In orc�er to clear the record, I recomriend adoption
of the resolution to deny the Johnson ap�lication.
The c�raft resolution arising from the February �ublic
hearing is alriost complete. I suggest deferring the
r7cCleary application for hearing at t�e tirme the
basic issues are discussed, perhaps at the �Tune 12,
1979 neeting but �vithout excuse, it will be ready
before the June 26, 1979 rleeting. "_'he rioratorium
expires July 31, 1979. I will not recorimend
extension bevond that date.
iir. Olson also nresented a site inspection report on -
the Stubbs Bay PZarina, dated June 12, 1979, ��hic�
states:
Iteris in place as of_ 2: 00 P.14. , `"uesda��, June 17_, 1979
�
Docks in 1974 nlan arrangement - poor structural
condition - wobbly, rough ltunber - no cross ties -
loose sections
30 hoats at slips
36 vacant slips
6.6 total slips (Continued)
REGULAR P�IEETING OF THF ORONO COUNCIL, JUNE 12, 1979 Page 15
1 pontoon on shore STUBBS BAY I�IARIrIA
1 row boat on shore " (Continued)
1 "satellite" type portable toilet/holding tank
1 6 :� 8 shed
1 sign with "Information - Call 473-7503"
1 sign "Caution - Use dock at your own risk"
1 dumster garbage receptacle
Council P�eeting - June 12 , 1979
Pdr. Oberhauser was present representing PZr. I�icCleary.
He stated that P�Ir. McCleary will be moving back to
this area in June.
No action necessary at this time.
Mr. Alan Olson, City Planner, inforr.ied the City GAYLES MARINA
Council that the resolution for Gayles Marina
will be ready for the next Council meeting.
Butler r.loved, Hurr seconded, to adopt Resolution RESOLUTI0:1 #1045*
#1045 , Tax Forfeit Lands Retained For Public Use Tax Forfeit
By The City Of Orono. t4otion, Ayes (4) - Nays (0) . Retain Lands
Butler moved, Hurr seconded, to adopt Resolution RESOLUTIO?1 #1046*
�1046, Tax Forfeited Lands Released For Public Tax Forfeit
Sale. 14otion, Ayes (4) - Nays (0) . Release for Sale
r4r. Alan Olson, City Planner, entered into. the 47ELL ORDINANCE
record an amendment to the Water P7e11 Ordinance
dated June 5, 1979 , which states:
At the last meeting, there were questions raised
as to why amendments have been proposed. �he only
reason is to simplify and coordinate our ordinances
with the State code under which all drillers riust
now operate.
Our existing ordinance as adopted in 1961 and
includes technical specific�tions now superceded
by the State requirer.lents. Rather than duplicate
or be in conflict with these requirements, we
wish to have Orono adopt by reference the 1974
State regulations. This simplifies our ordinances
and eliminates conflict for the drillers.
The proposed amendments continue our existing
licensing, bonding and insurance requirements.
There are no changes or increased regulations.
The State as yet does not require or provide
uniforrn bonding or insurance for drillers as is
now done with plumbers, hence we retain these
local requirements for resident protection.
(Continued)
REGULI�R 1�iEETI:dG OF THE ORONO COUPICIL, JUNE 12 , 19 79 Page 16
The remaining clauses clarify our existing inspection �VELL ORDITIANCE
and record keeping procedures, again adding no � (Continued)
additional work load or regulation, ie: requiring
a copy of the State well record is easier �or
the driller than filling out a different local
copy as done in the past.
In summary, we recor:imend adoption of the ordinance
amendnents as drafted in the best interest of the
City, the residents, and the contractors.
Council Pieeting - June 12, 1979
Butler moved, Iiurr seconded, to adopt Ordinance ORDIPdAPICE NO. 221
No. 221, An Ordinance Ariending Chapter 23 Of The taell Construction
P�unicipal Code Of Orono Relating Ta Water Well
Construction, Regulations And Adoption Of Code.
P7otion, Ayes (4) - Nays (0) .
Mr. Alan Olson, City Planner, entered into the record GASOLINE STORAGE
a proposed emergency ordinance regarding gasoline
storage regulations dated June 6 , 1979, which states:
Orono has begun to experience the gasoline hoarding
syndrome. One incident of record involves a homeowner
installing a 500 gallon tank to the consternation
of his neighbor whose house is ten feet away. rleedless
to say, work was done without permits and without
regard for State fire code regulations.
We are afraid that this is only the tip of an iceberg
with unknown quantities of gasoline being stored in
cars and garages.
We propose and recor:�riend that the Council adopt
the atta�hed ordinance for two purposes :
l. To clarify our existing zoning and nuisance
provisions so that staff has one concise
ordinance to use in eliminating hazardous
situations as they arise.
2 . io be a public warning, easily publicized, to
help prevent such dangers from occurring im
the first place.
The ordinance is offered as a warranted emergency
measure. It is written as an ariendment to Chapter
82, Public Yduisances so that it can be adopted on
June 12, 1979. Amendr�ents to the zoning code
incorporating the intent of this ordinance can
then be prepared and scheduled for public hearing
at a later date. (Continued)
REGULAR tIEETIidG OF TFi� OROi�O COUNCIL, JiJNE 12 , 1979 Page 17
Acting PZayor PZassengale moved, Paurus seconded, to GASOLINE STORAGE
adopt a moratoriu�, effective June 12 , 1979 , for (Contiriued)
not more than 90 days on installation or construction
of any flamable liquid storage systems, excluding �
commercial or agricultural users. This moratorium
will allow the City sufficient time to draft an
ordinance on this matter. Motion, Ayes (4) - ilays (0) .
Dick Benson, City Adriinistrator, discussed the RIPJG ROUTE
negotiations of acquiring land for the ring route
comrlenting that i�s. Thelma 6�hite, 180 Plorth Shore
Drive, signed the right of entry agreement, and
Graydon McCulley, 4605 Watertown Road signed off on
an easement.
Acting Mayor P�assengale moved, Paurus seconded, to
approve the right of entry agreement of P�s. Thelma
White and the easement for Graydon P4cCulley.
Motion, Ayes (4) - tlays (0) .
��tiny f4ayor Massengale moved, Paurus seconded,
to approve the authorization to spend up to $700
for the right of entry agreement for James Johnson,
4300 j4atertown Road. Motion, Ayes (4) - Nays (0) .
Dick Benson also stated that negotiations have been
cor.lpleted for the Joseph Schr.iitt property at County
Roads #r`19 & #84.
Acting Mayor Massengale moved, Paurus seconded, that SUBCONTRACTORS
all subcontractors to be initially approved by the
City Engineer and submitted to the City Administra�tor
Dick Benson for final approval which will be confirmed
by the City Council at their proceeding Council meeting.
P�otion,, Ayes (4) - Nays (0) .
Acting Mayor P4assengale moved, Paurus seconded, that CI3ANGE ORDERS
all change orders to be submitted to City Ac3ministrator
Dick Benson for approval. All change orders to be
processed within 30 days or in the r►onth they occur.
r4otion, Ayes (4) - tdays (0) . `�
Paurus moved, Butler seconded, to adopt Resolution RESOLUTION #1047
#1047, A Resolution Ordering Street Construction And Bid Award
Awarding Bid Thereon Ring Route Road From The Inter- Ring Route
section At North Shore Drive And Bayside Road Pdorth
And Northeasterly To The Intersection At Sixth Avenue
Ilorth And Watertown Road, 100g Pi.S.A. Funds. ?sotion;
Ayes (4) - Nays (0) .
(Continued)
REGULAR P�SEETING OF THE OROP10 COUi1CIL, JUN� 12, 1979 Page 18
Butler noved, Paurus seconded, to approve the R�P1� �nU�
Agreerlent No. Pti9 14-08-79, County � Project No. 7914 , Construction Agreement
CSP,Ii NOS. 6 & 19 , Construction Cooperative (Continued)
Agreer��ent for the ring route. t4otion, Ayes (4) -
Nays (0) .
Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1048*
#1048, A Resolution Approving Issuance Of On And Off Beer & Liquor Licenses
Sale 3. 2 Beer Licenses, Setup Licenses, And Liquor
Licenses. t�sotion, Ayes (4) - Nays (0) .
Paurus moved, Butler seconded, to approve the speed SPEED LIP�IT CHANGE
lir:lit change to 25 P�IF�H on Casco Point Road from Casco Point Road
Dunwoody Avenue to Casco Avenue. r2otion, Ayes (4) -
Nays (0) .
Butler moved, Iiurr seconded, to appoint Jeanne APPOIN'�P•1ENT*
Mabusth as Building & Zoning Adriinistrator with Jeanne Mabusth
a salary increase to $18, 000 per year, effective
June 11, 1979. llotion, Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, to appoint Alberta APPOINTMENT*
Strom as City Clerk with a salary increase to Alberta Strom
$1, 145 per month, effective June 11, 1979 . P4otion,
Ayes ) 4) - Nays (0) .
Dick Benson, City Ad�►inistrator, informed the City P10ERENBERG PARK
Council that he has not received a reply to his
letter of P-say 29 , 1979 to the Hennepin County Park
Reserve District concerning Noerenberg Gardens. He
also stated that replies have been received from
Senator Pillsbury and Charles Weaver, Chairrnan of
the P•3etropolitan Council.
The attached letter was rlailed to Mayor Diane JOINT POLICE COP4NiITTEE
Gallagher on June 7, 1979 concerning the Joint REPORT*
Police Committee meeting of June 6, 1979.
Letter - Pages 19 & 20 �
Dick I3ensfln, City Adrti.nistrator, mailed the attached INTERCEPTOR LET�ER
letter to I�Ir. Lyle Swanson, McCor:tbs-Knutson
Engineering, on June 11, 1979, concerning the
Metropolitan Waste Control Commission interce�tor.
Letter - Pages 21 & 22
Telephone 473-73�7
Page 19
�,;
.,�'t ��'��'' �� ���I�T�
Yost Uffice Bux 66•Crysl.al Bay, hTinnesota 55323•Municipa] Offices
��t r_"(
�;; On the 1�'orth Shore of Lake 111innetonka
'.�):t��.►`G��
._s .____�
June 7, 1979
I4ayor Diane Gallagher
68 South Bro�an Road " .
Long La}:e, iiinnesota 55356
Dear 2�layor Gallagher:
Thank you for hosting the Joint Police Corunittee meeting at your
Council Charnbers last ni�ht.
To recap our discussion, we �vill submit to you at our Joint Police
Cor.ur►ittee r.leeting July 11, 1979 a proposed cost to Long Lake for
t�ao nen to be specifically assigned to your City. This will be in
addition to the existing contract and will be a pro-rata cost based
upon 24-hour police service provided to you now and additional
manpower for an eight or sixteen hour shift for detailed assignment
to Long Lake. This will not affect the existing contract or the
proportioned cost to the participating cities .
I would also like to share with you my cor.uaents on our r_ieeting last
night.
Administratively, I have tried to set aside the political differences
that have shadoF�ed the Joint Police Committee r,ieetings and address
ourselves to our pro�ler_ms today and atter.ipt to resolve thera for
future Joint Police Cor,uaittee rieetings. '
It is apparent that there is complete lack of trust, which polarizes
everyone immediately.
. t .
The existing contract was modified by Orono at the request of Mayor
Pat Farnand and Attorney Arlo Vande Vegte at our December, 1978
meeting and consequently, signed. by all parties._ Now the comments
are Long Lake r�as iorced into signing a contract. I agree that the
existing forriula does not work as iaell for three cities, as it was
originally intended to provide a means of a fair and eQuitable cost
distribution between four cities. This s�ould be reviewed and changed
if a difierent forr�lula can be agreed upon. �
Page 20
?Sayor Diane Gallagher
June 7, 1979
Page 2 �
Z�e are all entering in�to our busy season and I �aould appreciate
the opportunity to be candid �•�ith you and say that i_f our future
r.�eetings are to be productive, �ae have to set aside our differences
and draft a 1980 Joint Police Contract. In order to do this,
cuestions have to be ans�aered. ,
l. The City �of Orono will consider a new formula to establish a
fair and ecruitable cost distribution.
2 . In ans�aer to the ten-points outlined in your letter to us on
level of police services, our answer is yes to each item.
3. The Cit1 of Orono will consider additional personnel assigned
to a particular city provided that the city requesting additional
service be charged proportionatelv for that service, which would
be in addition to the existing contract.
4. These services and agreer.�ents �vould be by contract and not
provided for by a Joint Po��ers Agreer�ent.
5. The City of Orono will not enter into the competitive bid process
in order to provide police services to a particular city.
Diane, if we can agree to continue our meetings based unon this
approach to drafting a 1980 police contract, it ��ould be meaningful
to all of us and certainly productive.
I understand that you are having a meeting soon with your appointed
Joint Police Comr_iittee and vour Police Research Committee. It would
be beneficial if after that meeting you could notify me o� your
city' s response to these comments to allow us to prepare for our
July 11, 1979 meeting.
Thanr you for vour coorperation. '
Sincerely,
Q
L-C/ ��� �
j�alter . Bens�c fi� .
City dministrator �
cc: Long Lake Councilner:ibers
Minnetonka Beach
Chief of Police �:ilbo
Telephone 473-7357
`� ' Page 21
� -;. \.
�
:�`_` ��'��" ��r ���i�TO
� Yost Office Box 66•Crystal Bay,?�9innesota 55323•Municipal Offices
,�1►1`+�� .
��� On the 1Vorth Shore of Lake 1L7innetonka
�����,���
� ..__,..�
June 11, 1979
Iir. Lyle Swanson
29cCor.ibs-Knutson Engineering
12805 Olson P7er�orial High�vay
I'Iinneapolis, Minnesota 55441
Dear Lyle:
�1'o recap our meeting this morning, vou are proposing the realign-
r.ient of the 2.4etropolitan Waste Control Commission interceptor to
be relocated on the shoulder of Hennepin County #15 east from
Fiennepin County �51 and County Road #15 to the Tanager Lake bridge
with a crossing of Hennepin County �15 at the Bracketts Point curve
to connect to the Tanager Lake bridge crossing.
The interceptor will also follow the shoulder of Hennepin County #15
west from Orono Orchard Road with a crossing of Hennepin County #15
near the Tanager Lake bridge to connect to the Tanager Lake bridge
crossing. .
As we discussed, the interceptor will be placed at the edge of the
. blacktop mat and at sor.�e critical areas irito the edge of the blacktop
nat in order to avoid the taking of any trees or retaining walls.
I understand that the lake will be protected to avoid foreign material
from entering it. Rlso local traffic will be allowed to travel to
their residences at all times.
T also understand that the depth of the pipe will be from five to
seven feet deep, depending upon a review of the life expectancy of
an insulation raaterial if the pipe is placed at a f�ve-foot depth.
Lyle, I want to thank you for your indulgence on this matter. The
relocation of the interceptor to the shoulder of Hennepin County #15
and the protection of the trees and retaining walls will protect
our natural recources and allow the residents adequate access to
their homes without undo hardships.
Page 22
t4r. Lyle Swanson
June 11, 1979
Page 2
Again, thank you for your cooperation. If there is anything I
can assist you with, please do not hesitate to call me.
Sincerely,
!�/�,��
«a l t e �II s o�i nr�
City Adninistrator �
c
c
R�GULAR :lEETIi1G OF TFiE OROiJO COUi7CIL, JUI1E 12 , 1979 Page 23
"�innehaha Creek Watershed District is holding a isINr1�HAHA CREEK S��ATER-
special rieetin.g on Thursday, June 14 , 1979 at SHED DISTRICT PZEETI2JG*
5: 00 P.M, concerning the final engineering report
of the district engineer relating to the P4innehaha
Creek Improver.lent Project for discussion purposes.
Butler rioved, Hurr seconded, to approve the part-time EP'IPLOYPIEP7T*
eraPloyment of Rayr►ond [9agman at the Orono Liquor Rayrlond t��agman
Store at a rate of $3. 25 per hour. r4otion, Ayes (4) -
Nays (0) .
Butler r.ioved, Fiurr seconded, to anprove the part-time C.E.T.A. E?�IPLOY?�iEP�T*
C.E.^.A. employr_ient of Peter Kelley effective June 4, Peter Kelley
1979. I��otion, Ayes (4) - IJays (0) .
Butler moved, Hurr seconded, to approve the employ- EMPLOY:�fENT*
r,ient of Ariy Peabodv for the Orono Golf Course at a Golf Course
rate of $2. 90 ner hour, effective June 11, 1979 . Arnj� Peabody
l�iotion, Ayes (4) - Nays (0) .
IIutler r:loved, I3urr seconded, to approve the eriploy- Er1PLOYPZENT*
ment of Laura Becker, Orono Golf Course, at a rate Golf Course
of $2. 90 per hour, effective June 20, 1979. r2otion, Laura Becker
Ayes (4) - Nays (0) .
Butler rnoved, Hurr seconded, to approve the eMploy- Er�LOYr�t1T*
ment of Douglas EricYson, Or_ono Golf Course, at a Golf Course
rate of $2. 90 per hour, effective June 9, 1979 . I)ouglas Erickson
i4otion, Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, to approve the salary SALARY INCREASE*
increase for Robert Edstrom, Orono Golf Course, to Golf Course
$3. 75 per hour, effective June 11, 1979. :'Iotion, Robert Edstrom
- Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, to approve the salary SALARY INCREASE*
increase for Tucker Bennett, Orono Golf Course, at Golf Course
a rate of $2. 90 per hour, ef�ective June 11, 1979. Tucker Bennett
Motion, Ayes (4) - Nays (0) .
Dick Benson, QCity Aclninistrator, informed the City SUP-u�'LER YOUTH PROGRAM*
Council that for the past several years, the City
of Orono has participated in the sur_tmer youth
employment program sponsored by C�TA and administered
by '?`win Cities Tree Trust.
The program is basically intended to employ youths
fror.m econoraically disadvantaged far_milies.
The City of Orono will participate again in 1979 and
will employ approximately four youths beginning on .
June 11, 1979 and ending when school begins in the fall.
(Continued)
� • � .
REGULAR t7EETIP7G OF ^HE OROt10 COUPiCIL, JUi1E 12, 1979 Page 24
I ar► very pleasec� with the results of past years SU2�LrS�R YOUTH PROGRAM*
and ar.i looking forward to another successful season. (Continued)
Butler rioved, fiurr seconded, to anprove the Su�uner
Youth Fmployment Program for the 1979 season.
r�otion, Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, to accept the I'irst LInUOR STORE REPORT*
Quarter Liquor Store Report, dated June 8, 1979. First nuarter, 1979
I��2otion, Ayes (4) - Nays (0) .
. �
Butler rzoved, Fiurr seconded, to adopt Resolution RESOLUTION #�1049
#1049, A Resolution Regarding Allocation Of Sec��er Orono-'�iedina Sewer
Ca�acity Of The Proposed Piedina-Orono Sewer Pipe. Deny I:eller &
I•�otion, Ayes (4) - P1ays (0) . :Ieddermeyer •
Butler moved, Hurr seconded, to approve the LICENSES*
following licenses: Plotion, Ayes (4) - P7ays (0) .
De-�: Plurlbing - Plwlber
Tor_i Donahue - Plurtber
Drillco - T9e11 Driller
Latterner Excavating - Plumber & Sewer Fiookup
Madson PlurLbing & He.ating Company - Plurnber &
Se�aer Fiookup
Garbage & Refuse Collectors
Orlin Redepenning
Village Sanitation, Inc.
Cigarette License
Jude Vending - Spring Hill Center
Butler moved, Hurr seconded, that the All Funds BILLS*
Accounts 11663 through 11667, 3815 through 3881,
7718 through 7763, 10736 through 10738 and Liquor
Store Accounts 13102 through 13119 , be paid.
Motion, Ayes (4) - Nays (0) .
Paurus moved, Butler seconded, that the meeting be ADJOURNi'iEAJT
adj ourned at 9: 30 P.Pi. PZotion, Ayes (4) - Pdays (0) .
�
��� .
Williar_Z B, an L1est, I�iayor
. �/ / .
Attest. �C �
Walter R, e n, City Administrator